The Wildlife and Countryside Act 1981 requires the County Council to keep the Definitive Map of public rights of way under continuous review and to make modifications where it appears that routes should be added, regraded, amended or deleted. A review of public rights of way in the parish of Shirwell is currently being undertaken by Devon County Council.

A review of the Definitive Map was started in Shirwell with a public meeting in 1995. Evidence was submitted for suggested changes, including the upgrading of Footpath No. 15 to bridleway, a continuation of Smoky House Lane and Bridleway No. 5, Pilton West. A second public meeting was held in 2004, with further evidence submitted for the upgrading and the addition of an unrecorded section of a route to bridleway at Cott Down, near Loxhore. Claims were made in 2005 for recording the routes as Byways Open to All Traffic (BOATs), with formal Schedule 14 applications submitted in November 2005. Consultations took place in December 2005, which included the claimed additions and upgrading to BOAT.

Following a report to the Public Rights of Way Committee in June 2006, Modification Orders were made in September 2006 to record both routes as Restricted Byways, as a result of provisions in the Natural Environment and Rural Communities (NERC) Act brought into force earlier that year. Both Orders were objected to on the grounds that they should have been made as BOATs under specific exceptions in the NERC Act and they were submitted to the Planning Inspectorate for determination.

A public inquiry is being held to determine the Order, at Shirwell Village Hall on Thursday 11th September 2007, starting at 10.00 a.m. Shirwell Village Hall location map (519KB - pdf help) (41KB - pdf help)

Planning Inspectorate notice of the inquiry (42KB - pdf help) (41KB - pdf help)

Smoky House Lane Modification Order (72KB - pdf help) (34KB - pdf help)

Smoky House Lane Order plan (662KB - pdf help) (700KB - pdf help)

Cott Down Modification Order (67KB - pdf help) (34KB - pdf help)

Cott Down Order plan (739KB - pdf help) (700KB - pdf help)

Committee agenda 21/0/06 - for link to Shirwell report

A copy of the County Council’s proof of evidence to be presented at the public inquiry is available to see at the Area North Highway Management Office in the Civic Centre at Barnstaple, tel: 0845 155 1004 and also at Lucombe House, County Hall in Exeter, tel: 01392/01271 382856.

If you have any queries concerning the public inquiry and Definitive Map Review for Shirwell parish, or if you would like further information about the procedures involved please contact:

Public Rights of Way Officer, Definitive Map Research (North)
Public Rights of Way Section
Devon County Council, ABG
Lucombe House
Exeter EX2 4QW

Tel: 01392/01271 382856
e-mail: prow@devon.gov.uk