The Public Rights of Way Committee of Devon Council met on Monday 6 July 2026 and resolved to make Modification Orders to add a restricted byway in Tiverton and to add a restricted byway and a footpath in Petrockstowe. The committee also noted several reports concerning public path diversions, modification orders, and decisions from public inquiries.

Parish Review: Definitive Map Review 2024 - Parish of Tiverton (Part 3)

The committee resolved to make a Modification Order to modify the Definitive Map and Statement for the addition of a restricted byway between points V – W - X along Withleigh Lane in the Parish of Tiverton. This route was considered to have been a district road in the early 1900s, and despite documentary evidence not being particularly strong, it was deemed sufficient to allege that the lane holds public rights under common law. No public comments or objections from landowners were received.

Schedule 14 Application - Parish of Petrockstowe

A Modification Order was resolved to be made to modify the Definitive Map and Statement for the Parish of Petrockstowe. This order will add a restricted byway between points A – B – C – D – E – F – G – H – I along New Road, and a footpath between points F – J – K along American Lane. The application was considered out of turn due to its local contention and alignment with the Rights of Way Improvement Plan.

The decision followed extensive discussion and public speaking. Applicants asserted long-standing public use and historical evidence supporting the routes. Objectors raised concerns about privacy, property values, and the validity of evidence, presenting their own documentary evidence. Officer Caroline Gatrell clarified that issues of security and safety are not considered in modification order applications, which focus solely on evidential proof of public rights of way.

The committee heard that while statutory evidence for a 20-year period was not fully met due to challenges in 2020-2021, common law evidence, including historical maps and user testimony dating back to the 1960s, supported the existence of public rights. The highest status for New Road was determined to be a restricted byway, and for American Lane, a footpath, due to the extinguishment of mechanically propelled vehicle rights under the Natural Environment and Rural Communities Act 2006. Petrockstowe Parish Council supported the routes being recorded as restricted byways or footpaths, but not as byways open to all traffic.

Public Inquiry, Informal Hearing and Written Representation Decisions

The committee noted the report detailing decisions received from the Planning Inspectorate. Specifically, the appeal against the Bere Ferrers (Footpath No. 2) Public Path Diversion and Definitive Map and Statement Modification Order 2024 was confirmed.

Definitive Map and Statement Modification Orders

The committee noted the report listing Definitive Map Modification Orders that had been made and confirmed under delegated powers since the last meeting. These included orders for Restricted Byway No. 36 and Footpaths Nos. 37, 38, and 39 in Combe Martin, Restricted Byway No. 40 in Combe Martin, and Footpaths Nos. 1 and 4 in Ashwater.

Public Path Diversion and Definitive Map and Statement Modification Orders

The committee noted the report detailing Public Path Orders made and confirmed under delegated powers. These included orders for Footpath No. 8 in Clayhidon, Footpath No. 3 in Salcombe, Footpath No. 4 in Blackawton, Footpath No. 7 in Dittisham, Footpath No. 2 in Sampford Peverell, and Concurrent Public Path Extinguishment & Creation and Definitive Map and Statement Modification Orders for Footpaths Nos. 76 and 77 in Axminster.

Town and Country Planning Act 1990 Public Path Diversion Orders

The committee noted the report summarising Public Path Orders made, confirmed, and certified by local planning authorities under the Town and Country Planning Act 1990. This included the East Devon District Council (Footpath No. 1, Exmouth) Public Path Diversion Order 2026.

Devon Countryside Access Forum

The draft minutes of the Devon Countryside Access Forum meeting held on 20 April 2026 were noted. The minutes highlighted the recruitment of a new forum officer, Bex House, and discussed various access-related matters, including multi-use paths, landowner liaison, and the use of volunteers in public rights of way maintenance.

Dates of Future Meetings

The dates for future meetings were confirmed as 19 November 2026 and 23 March 2027.