Letter, BW to Clerk of Devon CC, 2 June 1958

[This letter was addressed to Devon County Council, from E. B. Wonnacott, and dated 2 June 1958. The part down to the end of item 35 'Galls Lane' exists in a handwritten version and also an apparently later typed version, with further annotations by hand. We have the remainder only in the handwritten version. Some of the items had already come up at hearings on May 8th-10th.]

[From:] Ridge Cote, South Zeal, Okehampton.

[To:] The Clerk of Devon C.C., The Castle, Exeter, 2nd June, 1958.

Sir, Survey of Public rights-of-way, South Tawton

I object to the omission of the following Public rights-of-way from the Draft Map for the parish of South Tawton and request that they be included. They were surveyed and the schedules prepared under the chairmanship of the late Major G. Underhill and followed an earlier survey with deposited maps to which no objections were registered therefore dedication may be presumed. The omitted paths are:-

No.6(a)

Pixies Garden Common via Bottoms and Sandpit to Dartmoor. It is a bridlepath and driftway to the Common and Dartmoor and branches due south from No. 6 at the entrance to Pixies Garden by the leat with bridge provided and maintained by the R.D.C. (authority delegated from P. C.)

No. 9(a)

The Quarries from Slew Hill Cross to Creadon Bridge and Quarry Farm to join County Roads. (These are highways which have never been officially closed although a private owner provided a new road, on his own land, at his own expense - vestry records, waywardens and surveyors reports, etc.)

No. 10(a)

Continues path from South Zeal (Shelly) to Spreyton. Stocklands Footpath continues from the County Road at Dishcombe through yard and fields (permission to plough path) to County Road beyond Shelly-Hams, and is continued from that County Road through Oxenham Field, across drive and farm yard (declared 'public path' in conditions of sale 1911) to join County Road (Ringhill) and through two fields to County Road near Trundlebeer). Also, through Ringhill Copse, Woodland, Lovaton, to County Road at Langaton Bridge and then on. Into East Nymph Lane, Nymph Water, Powlesland and Spreyton.

No. 14

Broadapark to Livaton (County Road) through farm yard to parish boundary and on to Martin, Hole and County Road (Whiddon Down to Spreyton).

No. 22(a)

Binneford Hill to Reservoir and Dartmoor commencing at the ford by Ford Farm (Pleasant walk by 'Ford Gorge' - Dartmoor National Park.)

No. 36(a)

Bungay Lanes - Higher and Lower, the latter from Throwleigh Road continues as a bridle and driftway from Ramsley Common over accommodation roads to Dartmoor near Moorside, Minestone. Both lanes are gated.

No. 35

Galls Lane - the branch (Cunliffe's Terror) leading due west between stone-walled enclosures is omitted. Gated driftway. Galls Lane is a short cut from County Road to County Road by way of accommodation roads and field paths cotaining the leat which supplied water for mills in Zeal Borough and Tawton Parish. The path continues to the Weir in the Blackaton Brook between Paynes Bridge and Shilly Pool. The leat and Weir are from time immemorial before the land was enclosed (see O.S. and Tithe Maps.) Another branch continues direct to the moor after crossing the leat at the end of the County Road. This branch is a gated driftway.

No. 30

Clannaborough Copse - From east of East Week hamlet through fields and copse across Blackaton Brook over Throwleigh boundary to County Road. Short cut from County Road to County Road.

No. 26

Skaigh to Belstone. Boundary.

No. 41

Northwyke to Cabbage Corner. (Short cut connecting County Roads.)

No. 42

Wickington Lane. (No objection from owner: a former Parish Councillor included in the survey committee.)

No. 45

Mill Farm to Clannaborough Farm (portion of Mariners Way - from Throwleigh entered meadow by Clannaborough Farm and continued through Mill Farm, much of it unenclosed common land from South Tawton Common). [From handwritten note of May hearing] Captain Greig of Mill - Mariners Way - admitted Mr. and Mrs. Middleton's complaint of obstruction to which he declared his intention not to remove (see Mrs. Middleton's letter),.]

No. 53

[Handwritten, no date] Mr. W. R. Reddaway - Broada Park Lane, Livaton Farm. This dedicated track is a short cut between County Roads. It is shown on the Parish O.S. Map and was included on the map of the survey made in 1946 for Okehampton R.D.C. Also on the map and schedule under the 1949 Act. Mr. Reddaway the present objector was a parish councillor at the time and was elected with the Chairman (Mr Hacking) and Mr. Wedlake to the parish council committee to complete the survey following the death of Major Underhill. All these were owners or occupiers of land covered by public rights of way and all their arrangements for survey and perambulation of the rights of way were abandoned or cancelled; no steps were taken because they regarded the paths as [?] or nonexistent. They returned the maps unmarked after several months of inaction; the instructions from the Ministry, the County Council and the Rights-of-Way pamphlet were apparently unread. The road into Livaton Farm is a County Road and Broada Park Lane leads off from it. Some years ago when a plane made a forced landing on a Coursebeer [?] field scores of people used this public right-of-way as the short cut from county road to county road and obviously used it as of right. Mr. Reddaway's objection was not made until 20th March 1968, was cancelled later and again revived. "The land is strictly private and is only used by the owner of Livaton Farm, for the benefit of getting to Broad Park Meadows on either side of the lane. No Indication in the old Parish Map of South Tawton about a footpath through the lane." - by Mr. Reddaway at the hearing in Mary 1963.

NB On the north side of the parish all paths are omitted even where they should link up with those across the boundaries from North Tawton, Spreyton and Sampford Courtnay. --- Marked on earlier survey.

The Inclosure Award for Itton (1870) map and documents (with Parish Council Clerk) were not considered nor were Tithe Maps and Apportionment Award which contained fields named "Path Close", "Great Stile Park" and similar designations which are evidence of public rights of way with the presumption of dedication.

E. B. Wonnacott
2nd June 1958