Decision

That Cabinet recommend to the Adjourned Annual Council meeting on 14 May 2026: 

1. that the Divisional Director for Place Strategy be requested to exercise his delegated powers to authorise the making of a Public Path Creation Order under Section 26 of the Highways Act 1980 in respect of the footpath at/off Gillard Road, Brixham shown edged red on the plan shown on Appendix 1, attached to the submitted report; and
2. that the Divisional Director for Place Strategy, in consultation with the Cabinet Member for Place Development and Economic Growth, be given delegated authority to confirm the Order if there are no objections or objections are withdrawn.  In circumstances where there are objections, the Divisional Director for Place Strategy shall seek confirmation of the Order from the Secretary of State.

Reasons for the decision

The proposal supports the delivery of Torbay’s vision for a healthy, happy, and prosperous community by safeguarding a safe, reliable, and accessible walking route for everyday use.  Protecting this link strengthens neighbourhood connectivity, promotes active travel, and contributes to improved health outcomes and community participation, in line with the Community and People theme.

Alternative options considered

Continuing to rely on voluntary landowner permission would require no immediate legal or resource commitment and may preserve access in the short term.  However, public access would remain unsecured and could be withdrawn at any time, particularly following the sale of the land, with a real risk of the route being lost.

Seeking a long-term permissive access agreement with new landowners would allow continued use without establishing a Public Right of Way (PROW) and would be less administratively complex.  However, access would remain non?permanent, could still be withdrawn in future, and would carry no statutory maintenance obligation, potentially resulting in inconsistent path quality.

Alternatively, entering into a Public Path Agreement under Section 25 of the Highways Act 1980 would secure the route as a PROW through voluntary dedication.  However, following the land sale, ownership is expected to be fragmented, making negotiations complex and potentially prolonged.