Cp081205pra Dmr Parish of Okehampton Hamlets
ED/06/41/HQ Public Rights of Way Committee 7 March 2006
Definitive Map Review 2003-2006 Parish of Okehampton Hamlets
Report of the County Environment Director
Please note that these recommendations are subject to confirmation by the Public Rights of Way Committee before taking effect.
Recommendation: It is recommended that Modification Orders be made to modify the Definitive Map and Statement by: (a) varying the particulars relating to Okehampton Hamlets Bridleway No. 2 (Proposal 1), to record the route between points A – E – F – D, and removing A – B – C – D, as shown on drawing number ED/PROW/04/36; (b) varying the particulars relating to Okehampton Hamlets Footpath No. 13 (Proposal 3), to record the route between points E – D – C, and removing A – B – C, as shown on drawing number ED/PROW/04/39; and (c) varying the particulars relating to Okehampton Hamlets Footpath No. 36 (Proposal 4), to record the route between points C – D, and removing A – B, as shown on drawing number ED/PROW/04/135.
1. Summary
The report concerns the Definitive Map Review in the Parish of Okehampton Hamlets.
2. Background
The original survey, under s. 27 of the National Parks and Access to the Countryside Act, 1949, revealed 15 footpaths and 16 bridleways, which were recorded on the Definitive Map and Statement for Okehampton Hamlets with a relevant date of 1 December 1957.
The reviews of the Definitive Map, under s. 33 of the 1949 Act, which commenced in the 1960s and 1970s but were never completed, produced no valid proposals for any addition, upgrading or deletion.
In 1966 and 1972, the North Devon (Meldon Reservoir) Water Orders were made as a consequence of the construction of the Meldon Dam diverting Bridleway No. 4.
The Limited Special Review of Roads Used as Public Paths (RUPPS), carried out in the 1970s, did not affect this parish.
The A30 Trunk Road Side Roads Order 1985 (Okehampton Bypass) affected a number of routes in the parish.
The following Orders have been made:
(a) The Devon County Council (Footpath No. 16, Okehampton Hamlets) Public Path Diversion Order, 1992; (b) The Devon County Council (Footpath No. 16, Okehampton Hamlets) Public Path Diversion Order, 2001; and (c) The Devon County Council (Footpath No. 40, Okehampton Hamlets) Creation Agreement, 2000.
3. Consultations
The current review started in 2003 has consulted all statutory consultees and landowners. Proposals submitted to Devon County Council in 1971 and 1978 were picked up and consultations for modification of the Definitive Map included the diversion of a bridleway and modifying two footpaths and a bridleway on the Definitive Map.
Bridleway No. 42, Okehampton Hamlets is subject to a proposed Diversion Order in Meldon Woods and is being dealt with under delegated powers.
General consultations have been carried out since October 2003 with respect to these proposals and the responses have been:
County Councillor Mrs Marsh - no comment West Devon Borough Council - no comment Okehampton Hamlets Parish Council - no comment British Horse Society - no comment Byways and Bridleways Trust - no objections Country Landowners' Association - no comment National Farmers' Union - no comment Open Spaces Society - no comment Ramblers' Association - no objections Trail Riders' Fellowship - no comment Cyclists Touring Club - no comment
5. Conclusion
It is recommended that Modification Orders be made in respect of all three of the proposals, which are discussed in detail in Appendix I to this report.
There are no other recommendations to make concerning any further modifications. However, should any valid claim be made in the next six months it would seem sensible for it to be determined promptly rather than deferred. Edward Chorlton Electoral Division: Okehampton Rural
Local Government Act 1972
List of Background Papers
Contact for enquiries: Richard Butler
Room No: ABG
Tel No: (01392) 382252
Background Paper Date File Ref.
Correspondence File 2003 - 05 DMR/OKEHAM
cp081205pra sc/dmr okehampton hamlets 4 230206
Appendix I To ED/06/41/HQ
Background to the Proposals
Basis of Claims
Common Law presumes that at some time in the past the landowner dedicated the way to the public either expressly, the evidence of the dedication having since been lost, or by implication, by making no objection to the use of the way by the public.
The Highways Act 1980, Section 31 (1) states that where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has actually been enjoyed by the public as of right and without interruption for a full period of 20 years, the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.
The Wildlife and Countryside Act 1981, Section 53[3][c] enables the Definitive Map to be modified if the County Council discovers evidence which, when considered with all other relevant evidence available to it, shows:
[i] that a right of way not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates;
[ii] that a highway shown in the map and statement as a highway of a particular description ought to be there as a highway of a different description; or
[iii] that there is no public right of way over land shown in the map or statement as a highway of any description, or any other particulars contained in the map and statement require modification.
The Wildlife and Countryside Act 1981, Section 56[1] – the Definitive Map and Statement shall be conclusive evidence as to the particulars contained therein but without prejudice to any question whether the public had at that date any right of way other than those rights.
Proposal 1: Correction of an anomaly at Minehouse Farm
Variation of particulars of Okehampton Hamlets Bridleway No. 2 at Minehouse Farm, near Okehampton, as shown on Drawing ED/PROW/04/36.
Recommendation: It is recommended that the proposal is accepted.
1. Background
During the course of the Review the existing public rights of way in the Parish were investigated and the used and signed line was found to be different from the Definitive line.
2. Description of the Route
The recorded line runs from point A south east of Minehouse farmhouse and passes through the farm yard, a hedgebank and a field, passing Footpath No. 40 at point C to point D. Between points A and D, the used and signed line runs east through a field turning north eastwards, passing its junction with Footpath No. 40 at point F to point D.
3. Consultations
The Parish Council has advised that it has no objection to the proposal.
4. Documentary Evidence
Ordnance Survey Maps
The Ordnance Survey mapping does not provide evidence of the status of the route but rather its physical existence over a number of years. The recorded route is indicated on the 1886 (1st Edition, 25”) and all subsequent maps. From the 2 nd Edition of 1906, it is shown as passing through field number 1344.
Okehampton Hamlets Parish Council Minutes
Between 1920 and 1923, the Parish Council dealt with obstructions on the route just to the east side of the farm. In the beginning, they resolved to take action to keep the original route open. However, towards the end of the issue they agreed to move the path to the east along the line A-E after a site meeting with the agent and tenant.
Original Definitive Map and Statement, 1950
The route was included as part of path number 1 and subsequently split. On the Parish’s submission map, the route is shown on what was considered the original line, while the survey form details the diversion agreed in 1923.
Okehampton Park Estate Records, 1807-1960
A plan included in the Estate records, dated 1928 shows the diversion at Minehouse Farm and is signed by the Parish Council Chairman at that time.
RAF Aerial Photographs, 1946-49
The 1947 photograph shows the physical existence of the recorded route as it passes through the yard at Minehouse and it is exiting a large field to the northeast of the farm, though not through the field.
5. Landowner Evidence
The land crossed by the bridleway is owned jointly by the farmer at Minehouse and others for the last 15 years, and for that time the line to the south east of the farm rather than through the yard has been used. The farmer accepts that there has never been an official diversion of the bridleway from the defined line through the yard.
6. Discussion and Conclusion
The route was obstructed by the enclosure of part of Okehampton Park Estate by 1906 at the earliest, as shown on the 2 nd Edition and later Ordnance Survey mapping, besides the aerial photography.
It is not clear from the Parish Council minutes whether this enclosure was the obstruction they were concerned with in the 1920s, as they do not mention its nature. They were prepared to maintain the public right and take decisive action if their demands were not met, though after a site meeting with the Agent for the Okehampton Park Estate and the tenant, it was agreed that a diversion of the route to the east of Minehouse was the best course of action, as supported by the Okehampton Park Estate records of 1923.
The original parish submissions for the Definitive Map are ambiguous as the route shown on the survey map depicted the route on the pre-1923 alignment, but the survey form described the post 1923 alignment. However, it would seem that the route in use by the public in the 1950s was to the east of the farm along the line A – E – F – D and it is, therefore, recommended that an order be made to vary the particulars accordingly.
Proposal 3: Correction of an Anomaly at East Hill, Okehampton Park
Variation of particulars of Okehampton Hamlets Footpath No. 13 at East Hill in Okehampton Park, south of Okehampton, as shown on Drawing ED/PROW/04/39.
Recommendation: It is recommended that the proposal is accepted.
1. Background
During the course of the Review the existing public rights of way in the Parish were investigated and the used line was found to be different from the definitive line.
2. Description of the Route
The recorded route runs from its junction with Bridleway No: 11 (point A) and curves south- eastwards across East Hill to the ancient hill fort known as the Roman Camp (point B). The surface of the route is a narrow grassy tracked permanently much obscured by bracken and other vegetation.
3. Consultations
The Parish Council has advised that it has no objection to the proposal.
4. Documentary Evidence
Okehampton Hamlets Parish Council Minutes
After the Rights of Way Act 1932, the parish reviewed and listed its rights of way, and included Footpath No. 13 from the railway bridge on Station Road across the East Hill to the Roman encampment.
Original Definitive Map Submissions, 1950s
The parish’s original submission annotated the route restarting at its junction with Bridleway No. 11 at point E, which follows part of the old line of Footpath No. 13, not northeast of that location as currently defined. Due to the lack of features on the mapping used at the time, the exact location of the route claimed was unclear. From the detail given by the parish clerk, the route was a ‘favourite walk for visitors’ following ‘a grass track all the way’ that had had ‘continuous user over a very long period’.
Aerial Photographs, 1946-49 & 1999-2000
These photographs show that the physical route is different from the defined line.
5. Landowner Evidence
No evidence has been received from the landowner, the Luxmoore Estate or its tenant at Park Farm who grazes livestock across East Hill.
6. Conclusion
It is clear that the path was considered well used since before the time of the original Definitive Map, that it was a ‘favourite walk for visitors’ and had been used for a long time, as shown on the aerial photography. This gives clarification to the parish submission and the route claimed therein. Due to a lack of mapping features, an error was made moving the junction with Bridleway No. 11, and defining of the path’s line along a route which has never been used. Therefore, it is recommended that an Order be made to record a public footpath between points E – D – C, while removing the route A – B – C from the map by way of a variation of particulars.
Proposal 4: Correction of an Anomaly at Castle Lane, Okehampton Castle
Variation of particulars of Okehampton Hamlets Footpath No. 36 at Castle Road near Okehampton Castle, on the south side of Okehampton, as shown on Drawing ED/PROW/04/135.
Recommendation: It is recommended that the proposal is accepted.
1. Background
During the course of the Review the existing public rights of way in the Parish were investigated and the used line was found to be different from the definitive line.
2. Description of the Route
The route in use runs from New Road at point A (also known as the old A30), north-east of the remains of the Okehampton Castle and follows an unmade zig-zag path down a steeply wooded slope to join the Unclassified County road, Castle Lane, opposite the gateway to the Old Castle at point B.
3. Consultations
The Parish Council has advised that it has no objection to the proposal.
4. Documentary Evidence
Original Definitive Map Submissions, 1950s
The parish’s original submission annotated the route as a straight line between New Road and Castle Lane. However, the statement for the path stated that it was a ‘zigzag path down a steeply wooded slope from the New Road (A30) as was, to Castle Lane opposite the gateway to the old castle. There is a swing gate at each end. It was constructed by the founder of the Okehampton Castle Trust (the late Sydney Simmons) as a shortcut to the castle. There has not been any attempt to limit its use and it is presumed to be dedicated as a public footpath in perpetuity.
5. Landowner Evidence
It is not clear who owns the woods through which the line described in the statement runs, but it is presumed to be English Heritage as they own the adjacent Okehampton Castle. Mr Chudley of Greenacre, Castle Lane owns the land crossed by the line as depicted on the Definitive Map, and has always known the path to be along the zig zag route rather than its definitive route.
6. Conclusion
The path was considered well used since before the time of the original Definitive Map. In such a situation as this where the map and statement differ, it is clear from the actual route that the statement is correct and the map depicts a false line. Therefore, it is recommended that an Order be made to record a public footpath between points C – D, while removing the route A – B from the map by way of a variation of particulars.