Countryside and Rights of Way (CROW) Act 2000

REVIEW OF STATUTORY DIRECTION(S)

SUMMARY FOR PUBLIC CONSULTATION Prepared by National Park Authority

1. INFORMATION ABOUT THE PUBLIC CONSULTATION

Access Authority: Dartmoor National Park Authority Relevant Authority: Dartmoor National Park Authority Local Access Forum: Dartmoor Access Forum

Dartmoor National Park Authority is about to review the following direction:

Land Parcel Name: Direction Reference:

West Dart River Valley 2005050806

This is in line with the relevant authority’s statutory duties (see Annex 1).

Your views on the current direction are sought to assist Dartmoor National Park Authority in deciding whether the restriction is still necessary for its original purpose; and if so, whether the extent and nature of the restriction is still appropriate for the original purpose.

The relevant authority may decide that no change is necessary in which case a Consultation Outcome Report will be published on the Consultation Pages of the Government’s Website1.

If the relevant authority decides to vary the extent or nature of a direction or revoke it, a further round of public consultation may be necessary (see Annex 1) in which case a second Consultation Summary Report will be published.

1 https://www.gov.uk/government/publications?publication_filter_option=consultations. To access the consultation enter “Open Access” into the free text box titled “Contains” and then filter by “Natural ” in the Department drop down. 1 2. SUMMARY OF EXISTING DIRECTION(S)

Land Parcel Name: Direction Dates of restriction on Reason for Ref. existing direction: Exclusion

West Dart River 2005050806 28/08/2005 to 31/12/2999 Sensitive Valley Wildlife

Dartmoor National Park Authority made this long term direction on 06/12/2013.

A short summary is provided below giving the background to the direction. This should be read in conjunction with the other associated documents sent as part of this consultation. Further information is available from Jennifer Manning, Assistant Access and Recreation Officer, Dartmoor National Park Authority, Parke, , , , TQ13 9JQ, Telephone 01626 831051 or email [email protected]

Background Report The Countryside and Rights of Way Act 2000 (CROW) introduced a new right of access on foot to land designated as mountain, moor, heath, down and registered common land.

The West Dart River Valley was mapped as open country and in 2005 Dartmoor National Park Authority (as the “relevant authority”) introduced a long-term direction under section 26 CROW for nature conservation reasons. The restriction to exclude dogs was introduced in 2005 following advice from ecologists at English Nature (now Natural England) and Dartmoor National Park Authority who were concerned at the potential for disturbance to sensitive wildlife. The restriction excludes taking dogs onto the parcels of land shaded pink on the accompanying map and applies all year round. Assistance dogs (including guide dogs and hearing dogs) are exempt from the restriction.

The restriction was reviewed in 2008, when it was resolved to maintain the current restriction. Under CROW, the Authority as the relevant authority is required to review long-term restrictions on access at least every five years.

The process to undertake the review is set out in guidance issued by Natural England.

The Nature Conservation Importance of the West Dart River Valley The West Dart River Valley between Two Bridges and is a particularly rich area for wildlife. This stretch of the river valley provides important spawning grounds for salmon and an important habitat for otters to feed and rest. There is anecdotal evidence that otters have bred in the vicinity. Both salmon and otter are qualifying features of the Dartmoor Special Area of Conservation (designated

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under the UK Habitats Regulations, 2010). Whilst neither the river here nor the surrounding access land are within the Dartmoor SAC, in reviewing this access restriction we are required to have regard to any likely significant effect on relevant Dartmoor SAC features.

Otters are strictly protected by the Wildlife and Countryside Act 1981. They are afforded further protection under CITES, the Bern Convention and the Habitats Directive.

Salmon are protected under the Salmon and Freshwater Fisheries Act (1975).

National Trends in Otter Populations Research by the Environment Agency in 2007 shows that since the 1980’s, otters have increased significantly in numbers and distribution from the lowest point in the mid- to late 1970’s. Systematic national surveys have been undertaken approximately every 10 years.

Numbers increased in the 30 years from 1970’s to 2000’s due to decreasing levels of toxic substances in the environment, with Devon and Cornwall being particularly important counties in terms of having the highest populations of otters in the region. The Environment Agency attributes the increasing population in the region to:

• Very high water quality • Low levels of disturbance • Extensive semi-natural habitat providing cover along river banks • Numerous wetlands in the headwaters of many streams • Predominantly sheep and cattle grazing, rather than arable farming • Good food supply (coarse fish, eels and salmonids)

The fifth national otter survey (EA, 2010) was completed in 2009-10. It confirms that the south-west is one of only two regions in England which have reached their carrying capacity for otters (i.e. that otter numbers are self-regulating and there are few if any unoccupied territories).

West Dart Otter Survey 2007 Surveying otters can be difficult and they are rarely spotted in the wild due largely to their nocturnal habits. Surveys are carried out by detecting their presence through looking for spraints (faeces) and footprints.

A walk-over monitoring survey in was undertaken by ecologists from the National Park Authority in October 2007. This survey revealed signs of otter activity in 28 locations along the West Dart, confirming that one or more otters are present. Otters mark their territories with spraints, which are still found regularly near Huccaby and Blackbrook bridges as well as elsewhere within the dog exclusion zone.

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Other signs of regular activity have been noted and with otters and cubs previously seen in the area, it is considered that the river valley supports a stable population of otters.

Recent otter survey There has been no systematic survey or monitoring since 2007.

The Devon Biodiversity Records Centre coordinates volunteers who monitor otter activity at locations throughout Devon. One of these ‘Operation Otter’ sites is between Two Bridges to Prince Hall, and was surveyed in 2015 & 2016, with otter presence confirmed. There are also a former Operation Otter sites just outside the restriction area, but these have not been checked since 2011.

Whilst regular recording of otter spraints can help to build up a ‘snapshot’ of otter activity, it really only confirms that national picture that otters are present at ‘carrying capacity’ and can be assumed to be present throughout the catchment at any time of year.

We therefore intended to map and record potential otter habitat, including potential otter holts and laying-up sites. This will provide more robust information to support the review. Signs of otters will be recorded incidental to this habitat survey, for example where the type or frequency of such signs might indicate breeding activity.

Otters: Susceptibility to Disturbance According to Natural England guidance, otters will tolerate some disturbance, and bypass activities rather than retreat, but they are very sensitive to disturbance by dogs. A comprehensive review undertaken by the Environment Agency found that young otters can be killed by dogs. Otters breed all year round and during breeding and raising cubs, females are far more sensitive to disturbance than male otters. Holts known to be used by females for breeding tend to be more secluded and secure.

In order to provide some context, the best estimates are that male otters hold territories of up to 18km of river, with females using about 11km. Actual territories will include side streams, ditches, ponds and wetland, and will depend on the available food resources. A female otter with dependent cubs is reliant on a relative shorter section of river and thus is more vulnerable to localised disturbance. Non-breeding animals may travel much more widely within and between catchments, and are thus less likely to be affected by localised recreational disturbance.

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Salmon habitat and susceptibility to disturbance The entire length of the West Dart, the Blackbrook and Cherry Brook tributaries are considered by EA to provide potential spawning for salmon. Prime spawning habitat has been identified by EA specialists on the Cherry Brook, on the West Dart for 1km downstream of the confluence with the Cherry Brook, and a 1.5km reach downstream of Two Bridges. This was based on EA field survey and expert judgement, and mapped by DNPA in 2002.

Records of salmon numbers from EA and other fish population monitoring may be less useful because so many factors can affect salmon numbers on the Dart and other Dartmoor rivers in any given year. We know that the status of this section of river for fish is considered good under Water Framework Directive (EA, 2016). The Westcountry Rivers Trust carry out systematic survey of salmon and trout throughout the whole Dart catchment. The latest (2017) results confirm that West Dart Stepping stones (where the Swincombe joins the West Dart) is consistently one of the best performing spawning areas on the Dart catchment, with good results also from the lower Blackbrook River and the West Dart at Prince Hall (Westcountry Rivers Trust, 2017).

In considering the implications of dog access for salmon, the potential risk would be if there are regular spots where dogs might be allowed to enter the water and, in doing so, cause damage to the bank or bed of the watercourse, or disturb fish. We have no evidence that this is happening, but we will record any evidence of human, dog, livestock and other animal access to the river as part of the otter habitat survey. The winter period (from spawning to hatching of the juveniles) is the most vulnerable time in terms of river access. The risk of harm is greatest around the tail of a pool and head of a riffle section (Westcountry Rivers Trust, pers. comm).

Rationale for the Current Restriction on Access A number of parcels of land adjoining the riverside were mapped as open country, these are shaded yellow on the accompanying map. They stop well short of linking up to provide continuous access along the valley but officers were initially concerned that their inclusion on new OS maps could potentially generate pressure for access to an attractive river valley, along previously undisturbed riverbanks. There was concern that wildlife interests could seriously be jeopardised if this stretch of the West Dart were to become heavily used.

Walkers have access up to the riverbank which is used by otters and there is generally no fencing to physically restrict access to the river and the spawning grounds. Disturbance of the river bed at any time of the year can interfere with the salmon habitat and otters are known to breed throughout the year.

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In the previous review (October 2013) The National Park Authority and Natural England were in agreement that there was a significant threat to the conservation interest along the valley. This threat is all year round and is principally from dogs.

The National Park Authority is guided to pursue the “least restrictive option” when managing access. The Authority considered whether to rely solely on access management messages to control access by dogs, (i.e. dogs on leads) or to formally restrict access by dogs for part of the year, or for a complete all year round exclusion.

It was resolved that a formal restriction to exclude dogs gives a strong, unambiguous message of the importance of the sensitive wildlife conservation interest in the river valley. It was also felt that dogs on leads or exclusion of dogs for part of the year would be difficult to manage and enforce.

Access within the West Dart Access management measures have sought to facilitate open access to parcels of access land along the West Dart, whilst avoiding trespass onto areas which were not mapped and offer a quiet haven for wildlife. Management measures have included the provision of signage providing access and conservation messages at access points throughout the valley.

Monitoring of public use of the river valley was undertaken by National Park Rangers and a Voluntary Warden over two periods in 2006 and 2007. The survey methodology used was to observe and assess the level of use and the effectiveness of the restriction. People counts were undertaken to observe people both on and off public rights of way and if dogs were on or off the lead on CROW land within the restricted area.

The survey showed a general low level of use of the river valley by the public, with the vast majority of users keeping to the public rights of way. This may be due to several factors including:

• Low level of awareness of existence of CROW access land • Fragmented nature of access land parcels • Difficult ground conditions along some parts of the valley

Three public bridleways traverse the river valley, these are located at Bachelor’s Hall, Prince Hall and the Dartmoor training Centre and Sherberton to Dunnabridge. The CROW restriction on dogs does not apply to users of the public rights of way.

An electronic people counter installed in 2009 on one of the public bridleways within the West Dart River Valley also shows a relatively low level of use of the public right of way on foot.

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3. SUBMITTING COMMENTS ON THE REVIEW

If you wish to comment on the review of this direction then you must do so before Tuesday 3rd July 2018 directly to Jennifer Manning, Assistant Access and Recreation Officer, Dartmoor National Park Authority, Parke, Bovey Tracey, Newton Abbot, Devon, TQ13 9JQ, or email [email protected].

A map accompanies this notice and is attached and can be seen on the Consultation Pages of the Government’s Website2.

Using and sharing your consultation responses

In line with Natural England’s Personal Information Charter, any comments you make, and any information you send in support of them, will help us to determine the application and / or determine if the restriction is still necessary in relation to the review or reassessment of a current direction.

We may wish to pass such comments or information to others in connection with our duties and powers under the open access legislation. This may mean for example passing information, including your name and contact details, to the Secretary of State or their appointees, the Planning Inspectorate or to the relevant access authority(s).

We do not plan to publish individual comments in full, but we may publish extracts from them when we report on our consultation(s).

There may also be circumstances in which we will be required to disclose your response to third parties, either as part of the statutory process for consideration of representations and objections about our decision, or in order to comply with our wider obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

If you do not want your response - including your name, contact details and any other personal information – to be publicly available, please explain clearly why you regard the information you have provided as confidential. However, we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on Natural England.

2 https://www.gov.uk/government/publications?publication_filter_option=consultations. To access the consultation enter “Open Access” into the free text box titled “Contains” and then filter by “Natural England” in the Department drop down. 7

Annex 1

In accordance with statutory guidance, the relevant authority has a duty to:

• review directions of a long-term character no later than their fifth anniversary; and • revoke or vary directions where necessary.

Under CROW section 27(3) the relevant authority must review, at least every five years, any direction it has given that restricts access indefinitely; for part of every year; for part of each of six or more consecutive calendar years; or for a specified period of more than five years.

During the review the relevant authority must, having regard to the interest of the public in having access to the land, consider whether the restriction is still necessary for its original purpose; and if so, whether the extent and nature of the restriction is still appropriate for the original purpose.

Before reviewing a long-term direction the relevant authority must consult:

• the local access forum; • the applicant or his successor in title, where reasonably practicable – for directions under section 24 or 25 made on application; or • the relevant advisory body – for a direction made under section 26.

The authority must also publish a notice on a website (and send a copy to statutory consultees) that must explain that the authority proposes to review the direction in question; where documents relating to the review may be inspected and copies obtained; and that representations in writing with regard to the review may be made by any person to the authority by a date specified in the notice.

Once consultation is complete the relevant authority should have regard to any representations it receives before making a decision.

If following the consultation, the Relevant Authority decides to:

• leave the original direction unchanged, the relevant authority should record the date that the decision was made and should schedule a subsequent review where necessary.

If following the consultation, the Relevant Authority decides to:

• vary the extent or nature of a direction, the relevant authority must give a new direction under the same section that was used to give the original direction. If the new direction is long-term, it must be reviewed within five years of the date it is given;

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• revoke a direction, we will record the date that the decision was made.

Before varying or revoking a direction the relevant authority must: consult the original applicant or his successor in title, where reasonably practicable – for directions given under section 24 or 25 on an application; or consult the relevant advisory body – for directions given under section 26. In either case, follow the consultation procedures set out in the Relevant Authority Guidance but only if it proposes to give a new direction that would restrict access indefinitely or for more than six months continuously.

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