DEVON County Council's public rights of way committee has unanimously supported recommendations for a footpath across Vixen Tor on Dartmoor.
The committee on Monday agreed to a Modification Order being made to the Definitive Map, with the addition of a footpath via the tor from the existing Whitchurch Footpath number 13 to Sampford Spiney footpath number 5.
The committee heard that until the current landowner bought Vixen Tor in 2002, it was believed that permissive access had been allowed to the Tor since 1976.
Prior to that time, the evidence indicated that use by the public was 'as of right' and therefore sufficient to demonstrate that a right of way was reasonably alleged to subsist — it was on this evidence that the committee based its decision.
Public consultation took place in July and August last year, with the applications for a Modification Order receiving support from the Open Spaces Society, Ramblers' Association, British Horse Society and Devon Green Lanes Group.
Cllr Joe Tucker, chairman of the county council public rights of way committee, said: 'Having seen the site with the county council solicitor last week and listened to both sides, I'm sure the members of my committee made the right decision in unanimously requesting an order be made.'
Alan Hosking, county councillor for Yelverton Rural, said: 'I'm pleased that the public rights of way committee decided to re-open the path via Vixen Tor.
'In my youth I climbed the Tor and I hope that this decision will eventually enable the iconic attraction to be available for local residents, tourists and lovers of Dartmoor to enjoy again.'
The county council will now make a Modification Order to amend the Definitive Map. There is a six-week period in which anyone can make an objection or representation.
If there are any objections which are not subsequently withdrawn, then a submission will be made to the Planning Inspectorate, who will appoint an independent inspector to hold a local public inquiry.
Until any Modification Order is confirmed, there is no legally recorded public right of way.
In a statement submitted to the council committee before it made its decision Mrs Mary Alford, Vixen Tor's owner, said: 'This is just another attempt to gain access to private property by the back door.
'The Dartmoor National Park records clearly show there is no public right of way across Vixen Tor farm for the 20-year period stated.
'There never has been a right of way other than a permissive agreement between Dartmoor National Park and previous owners.'
She now has the right to call for a public inquiry into the council decision.