Walkers will be barred from a Dartmoor beauty spot that has been at the centre of an access battle, after a planning inspector ruled there was no right of way across the land.
Owner Mary Alford closed Vixen Tor to walkers and climbers eight years ago, and the land was excluded from designated open access land under the Countryside and Rights of Way Act.
The Ramblers and the British Mountaineering Council both supported Devon County Council’s order to record two rights of way across the land.
But inspector Mark Yates ruled that there was not enough evidence to show the paths had been used regularly for a period of 20 years.
The council will now remove the orders and the tor will again be closed to the public.
The area became a cause célèbre for walkers and climbers, with confrontations between Ms Alford and outdoor enthusiasts. UN commander Colonel Bob Stewart attempted at one point to mediate but was unable to resolve the dispute.
A total of 59 people supplied the inquiry with oral or written evidence of using the paths before Ms Alford bought the land but she supplied documents which suggested there had been times when the path had not been used.
Mr Yates said: “Overall I accept that people have walked to Vixen Tor and used routes through the enclosure.
“However, I am not satisfied that, on balance, the evidence of public use of the order route, either in whole or part, presented to the inquiry is sufficient to demonstrate the dedication of this route at common law.”
Rob Thornton
21 September 2011Obviously a friend of Ms Alford!! So much for the CROW act,it aint over yet madam!
steve
21 September 2011So is she going to employ security guards 24*7?
Just ignore it and go anyway.
Les
21 September 2011CROW act doesn't mean you can go anywhere you please. As this is private land I think the owner is well within her rights, as the law has shown, to exclude people. There are plenty of other places to walk!!
Robert A.J. Woolcott
21 September 2011I understand that the land was going to be covered by the CROW Act, but before it came law Mrs Alford improved the land concerned illegally and the land then became improved land not applicable to be registed under the Act! Mrs Alfod was find a mere £2000. Just peanuts to her and was then able to gain from her wrong doing. Otherwise the land would now be accessible under CROW had it not been improved. At the time of the court case the Judge should have noted that the land would still be covered by CROW because of the illegal improvement which was obviously a method of keeping the land out of the Act.
I am very disappointed, along with my many friends in Ramblers.
The Piglit
21 September 2011Until the right to stomp anywhere except your land is acheived then you and your friends will never be satisfied.
There's loads of space on the moor apart from this accept that you've lost and go elsewhere
Rupert Woods
21 September 2011Vixen Tor is a wonderful place to climb and is arguably the second finest on the Moor. The rock was formed several hundred million years ago and the tor itself has been in existence since the last ice age. We all have a very short time on this planet, what a disgrace that the current greedy owner should try to deny us access. This hasn't been about insurance or privacy, but an apparent long term attempt to try and screw some money out of the public for what is agriculturally a useless piece of rock and moor. As for those that love to defend the rights of landowners, you just don't get it - the chances are that if the tor is ever bought for public use, it'll be from taxpayers money, and you won't like that will you?
John Bainbridge
22 September 2011Just ignore the signs and go in. And in the meantime let us have access legislation after the Scottish model.
R Webb
22 September 2011Piglet
Come to Scotland, and see how most of the rest of the world can play nicely together.
Chalk one more up for selfishness and greed.
Being reasonable fails again - nothing to gain anymore from negotiation. If there is to be conflict there can only be one winner. Petty wee gomls cannot keep everyone off every time.
wongo
22 September 2011Benny Rothman would know what to do!
Have a rota of trespassers 24/7.
This land is OUR land!
James Nelson
29 September 2011I will ignore it and go anyway, what is she going to do? take me to court?
Daniel Rogers
05 October 2011Hasent anyone thought of just asking her nicely! respecting that she did pay for it at the end of the day.
PEOPLE DONT LIKE TO BE FORCED TO DO THINGS AND SO SHE RESISTES
Let her understand her love for the freedom to diced access to her land is the same as people love for the freedom of access to the tor
Steve
26 February 2012I wonder how much subsidy from DEFRA (ie Us the taxpayer) she gets on this land to which she is denying access. There should be reciprocal responsibilities from the owner to the public not a one way thing which it is at present. All landowners with "agricultural land" receive a hand out from us the taxpayer even if no farming activity takes place. Its about £100 per acre usually.
chris davey
29 April 2012this is a great shame as i have been to vixen tor many times over the years and it is a lovley place for walking or climbing. why could the landowner not be allowed to open the land and have a deal where anyone who climbs here does so at their own risk. i can only assume she is a very greedy person who wanted much more money than the national park could afford. this is a shame and i pray it does not open the way for many more cases the same.
Jeff Allen
18 August 2015The photograph above can still be taken by anyone, she has not won. Last recorded figures show 2.5M people visit Dartmoor annually and spend £ 111M in the area, the real culprit in this was the planning inspector Mr Yates clearly he did not look at the wider economic benefit of Dartmoor and in doing so he completely failed.