Flaws in the Countryside and Rights of Way (CRoW) Act have been exposed by a Planning Inspectorate decision on access to Vixen Tor on Dartmoor.

BMC staff and volunteers worked hard to make the case that this land should become open access land under the CRoW Act, but were left disappointed and frustrated when the Inspector’s verdict went against climbers and walkers. An appeal by the landowner against the mapping of her land as ‘open access’ has been upheld, despite her illegal improvement of the land. This means that when the CRoW Act is applied to the South West, Vixen Tor will not be included on maps as open to the public, and the owner will be within her legal right to exclude people from one of the region’s best crags.

Climbers and walkers enjoyed unlimited access to Vixen Tor for more than 30 years with the agreement of the previous owner. But this arrangement ground to a halt in 2003 when a new landowner, Ms Mary Alford of Tavistock, installed a barbed-wire fence around the crag. She removed existing stiles and spray-painted ‘Private Property – Keep Out!’ at a traditional access point. Controversially, she also ‘improved’ the land by scrub and bush clearance and by spreading fertiliser over it, changing a significant proportion of the field from open moorland habitat to semi-improved pasture. Ms Alford was successfully prosecuted by DEFRA for this action, and widely condemned by local access and conservation campaigners. But the Planning Inspectorate’s decision to ignore Vixen Tor’s illegal improvement in hearing Ms Alford’s appeal now opens the door for other landowners to use similar tactics – flouting the law to help get their land removed from open access designation.

The BMC’s Regional Access and Conservation Officer Guy Keating said: ‘This decision represents a considerable blow to the intended spirit of the CRoW Act, and is a setback for anyone who enjoys recreation in the nation’s wild spaces’. The BMC will continue to pursue the issue of access to Vixen Tor, and together with the Ramblers’ Association, will campaign for the Dartmoor National Park Authority to impose a statutory access order on the site. Given the NPA’s previous statements, this seems a strong possibility. In the meantime, it remains up to individuals to make their own decision about climbing on Vixen Tor. For further information or comment, please contact The BMC Access & Conservation Officers Graham Lynch (0161 438 3333) or Guy Keating (0161 438 3309).

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