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http://thebmc.co.uk/News.aspx?id=4023

Second day of Vixen Tor Public Inquiry posted on 17/11/2010
 
Climbers and Ramblers were present at the first day of the Vixen Tor Inquiry in Princetown, Devon. Dave Turnbull spent 45 minutes giving evidence to the inquiry yesterday and was also cross-examined by the landowner’s counsel. Today Rob Dyer, BMC access officer, is attending and will be keeping us up to date as the day progresses.
Vixen Tor, one of the most strikingly interesting features of Dartmoor, has been visited by walkers and climbers for at least well over a century. Antiquarian guides to Devon refer to its sphinx-like appearance and association with folklore and legend; 20th Century guides show unhindered visits by the public.

“But that was all stopped in 2003” says Tom Franklin, Chief Executive of the Ramblers, “when the landownership changed, and walkers and climbers found their way barred. In our view access had already become public long before that, through use since time immemorial.”

Presented with evidence from the Ramblers and the British Mountaineering Council, Devon County Council last year ordered that a right of way be recognised over the Tor. But objections by the landowner have resulted in a public inquiry to be held on behalf of the Secretary of State.

John Skinner of Devon Ramblers said: “Devon Ramblers have pressed for the last seven years to have public access to Vixen Tor restored but neither the right of access nor negotiations by Dartmoor National Park with the landowner have yet produced the result that climbers, walkers and the wider public desire. The claim for footpaths is a further step in the direction of public access to Vixen Tor.”

BMC Chief Executive Dave Turnbull said: “The BMC believes there is an excellent case for renewed access to Vixen Tor. Given the strong body of user evidence over the past 60 years, the BMC hopes that the inquiry finds in favour of the hundreds of climbers and walkers who have enjoyed visiting this iconic corner of Dartmoor.

By Cath Flitcroft

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http://www.ukclimbing.com/forums/t.php?n=433874 by - Dave Turnbull, BMC  on - 13:11 Wed
I was at the inquiry all day yesterday and left at 5.10pm with it still running following a 30-40 min slot giving evidence and taking questions from the landowners lawyer.

It was something of a lesson in bureaucratic process. There was 40-50 members of the public present (including Frank Canning and Ian Peters)plus 4 or 5 people representing each side of the case: Devon County Council (+ the Ramblers rep) on one side - the landowners party on the other. The room (a badminton court in a council building of some form)alegedly had underfloor heating but was baltic and several people ended up sitting for the day in hats, gloves and jackets. The acoustics were also very poor; there were several adjournments in the morning during which heaters and sound system were shipped in.

The inquiry will take at least 3 days, possibly more. Yesterday was spent listening to evidence from the DCC Rights of Way officer about why the footpath modification order was being supported by the Council following by questions from both sides lawyers. 5 witnesses were then called and asked to explain how they had accessed Vixen Tor in the past; one chap had been going there since the 1950s. I was second last to be called and went on to explain the historic use of the site by climbers, the fact that no access difficulties had been reported to the BMC prior to 2002/3, and the route that climbers normally took to access the crag.

Today and tomorrow will involve hearing evidence from witnesses called by the landowners side. This will include a aerial photography expert who I understand will try to show that there was no (aerial) evidence of paths to the Tor in the 1960's & 70's.

The crux of it is that DCC have to prove that the path through the Vixen Tor enclosure was used by walkers on an unrestricted basis for the 20 yr period between 1956-76.

Frank Canning and Ian Peters will also be giving evidence today.

We will keep you posted.

Dave

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http://www.thebmc.co.uk/News.aspx?id=4023

Vixen Tor footpath Inquiry adjourned
 
After 3 days of evidence and strong cross examination, the Vixen Tor footpath Inquiry has been adjourned until 16 and 17 December 2010.
Evidence from the objectors has still to be heard as well as further evidence from the Ramblers. There will also be closing submissions or statements from the main parties and a visit to the site.  The Inspector will then make a decision but this may take several months.

Climbers and Ramblers have been present throughout the Vixen Tor Inquiry in Princetown, Devon. Dave Turnbull spent 45 minutes on the first day of the inquiry giving evidence and was also cross-examined by the landowner’s counsel.

Vixen Tor, one of the most strikingly interesting features of Dartmoor, has been visited by walkers and climbers for at least well over a century. Antiquarian guides to Devon refer to its sphinx-like appearance and association with folklore and legend; 20th Century guides show unhindered visits by the public.

“But that was all stopped in 2003” says Tom Franklin, Chief Executive of the Ramblers, “when the landownership changed, and walkers and climbers found their way barred. In our view access had already become public long before that, through use since time immemorial.”

Presented with evidence from the Ramblers and the British Mountaineering Council, Devon County Council last year ordered that a right of way be recognised over the Tor. But objections by the landowner have resulted in a public inquiry to be held on behalf of the Secretary of State.

John Skinner of Devon Ramblers said: “Devon Ramblers have pressed for the last seven years to have public access to Vixen Tor restored but neither the right of access nor negotiations by Dartmoor National Park with the landowner have yet produced the result that climbers, walkers and the wider public desire. The claim for footpaths is a further step in the direction of public access to Vixen Tor.”

BMC Chief Executive Dave Turnbull said: “The BMC believes there is an excellent case for renewed access to Vixen Tor. Given the strong body of user evidence over the past 60 years, the BMC hopes that the inquiry finds in favour of the hundreds of climbers and walkers who have enjoyed visiting this iconic corner of Dartmoor.