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We are delighted to have reached agreement with Clinton Devon Estates whereby the public wins an almost immediate right to walk over newly-registered common land at Woodbury, east Devon, instead of having to wait, perhaps years, for the right to be confirmed(1).
Clinton Devon Estates sought consent under section 16 of the Commons Act 2006 to deregister 1.7 hectares (4.2 acres) of common land at Blackhill Quarry, and replace it with 3.4 hectares (8.4 acres) in total, consisting of six separate parcels nearby.
The existing common was being used for industrial purposes, and the estate wished to install a battery-energy storage facility and associated infrastructure there. The land was therefore not available to the public, despite being registered as common with rights under the Countryside and Rights of Way Act 2000 (CROW). The proposed replacement land comprises long-standing, unregistered, wooded inclosures within the common.
The Open Spaces Society suggested, and Clinton Devon agreed, to provide a deed of access under section 16 of CROW to give the public the right to walk on the exchange land six months after the date of the deed. Horse riders and cyclists will also have access to the exchange land on a permissive basis (as they do now to Woodbury Common as a whole).
Says Kate Ashbrook, general secretary of the Open Spaces Society: ‘We are delighted that Clinton Devon has agreed to grant a public right of access so that the parcels of replacement land can be enjoyed as part of the common. The estate is also obliged to remove any boundary fencing on the exchange land. This will open up a larger area of common land than was available before the exchange and enable people to enjoy it as one large unit. This is a fine example to other landowners of how they can expand public access.’
John Varley, CEO of Clinton Devon Estates, says: ‘The grant of consent by the Secretary of State is fantastic news for everyone with an interest in Woodbury Common. The new common land is accessible, larger, and of far higher amenity value than the industrial land which is being deregistered. Moreover, this decision will enable development of new infrastructure which will enhance energy security in Devon and help support the energy transition. We are grateful to the Open Spaces Society for engaging with us so positively, and for supporting the application.’
- There is a right to walk on Woodbury Common under CROW, but the right to walk on the exchange land will not take effect until the CROW access maps are reviewed, which will not be until around 2031. In order to bring in the access now, Clinton Devon Estates has agreed to make a deed of access under section 16 of CROW giving the public the right to walk there six months after the date of the deed (see SI 2005/1901, article 2(2)).