A LONG running dispute over rights of way for horse riders on an ancient footpath near Lydford came before a public inquiry in the village last Wednesday.

The inquiry, in front of planning inspector Martin Elliot, took place in Lydford's Nicholls Hall and was scheduled for two days; however, because the inspector wished to hear all the evidence, a third day was postponed because of the adverse weather.

While equestrian users argue a long established use of the route, those with properties along or adjacent, say such use would be a risk to users of the way.

Devon County Council intends to modify the definitive map and statement for the area by upgrading Lydford footpath numbers 41, 49 and part of 10, between Lake Cottage and Prescombe Lane via Mill Cottage and the River Lyd, and adding a connecting bridleway through the River Lyd parallel to the footbridge.

Part of the footpath is part of the Lych Way, or 'Way of the Dead' — in medieval times a route people used to attend church services and burials.

In May 2010 the South West Riders' Group applied to modify the definitive map and the county council's public rights of way committee of June 2011 recommended an order be made upgrading the footpath to a bridleway and adding a connecting bridleway across the River Lyd upstream of the footbridge on the definitive map.

Barbara Weeks told the inquiry she rode the route on many occasions from 1974 to 2001 when she lived at Lydford for 30 years before moving to Mary Tavy. Her daughters had ridden the path.

Asked by Bevis Hughes, the co-owner of Mill Cottage, who opposes the order, if Mrs Weeks was ever challenged she said: 'No I was not challenged for riding there. In 1974 when I first rode there there were no signs or notices.'

Mrs Weeks added: 'I believe, what I learnt in the Cotswolds, if there's a stile there then it's a footpath and if there's a gate it's a bridleway.'

Caroline Gatrell, the rights of way officer for the county council, told the inquiry that three issues must be satisfied: the date on which the right of the public to use the claimed footpath was brought in question; whether the claimed footpath was used by the public as of right and without interruption for a period of 20 years ending on the date their use was called into question; whether there is sufficient evidence of an intention to dedicate by the landowners during the 20-year period.

She told the inquiry: 'Devon County Council considers that the date of calling into question may be taken as 2008, when users reported their use being challenged by the new owners of Mill Cottage, Bevis Hughes and Catherine Law, and that there is sufficient evidence of use by members of the public, as of right and without interruption for the 20 years before that date to satisfy the requirements of the Act. (Highways Act 1980).'

She concluded by asking the inspector to confirm the modification order for bridleway number 52 and footpath number 10.

Following the inquiry, Mr Hughes and Ms Law said: 'We bought our home in good faith with a public footpath, being confirmed by the Devon County Council Public Rights of Way Map and property conveyance.

'We, along with the parish council, and many other local residents, including three generations of the local farming community, are speaking out against this footpath being changed, as it has only ever been accepted by the community as a footpath only.

'The simple truth is not every footpath is suitable to be a bridleway or byway as some people might suggest. Anyone who says they have ridden a horse along this route has put their horses in danger and nobody should be encouraged to do that.'

Mill Cottage was owned by the Duchy of Cornwall until sold to its tenant in 1982 and brought by Mr Hughes and Ms Law in 2008. They believe that when they bought their cottage the path outside their home was only a footpath.

Speaking in support of Mr Hughes and Ms Law in opposing the modification and allowing a bridleway, Marlene Masters said there was no real documentative evidence presented to the inspector for a right of way.

Mrs Masters from Somerset, who, since fighting a similar case 20 years ago, has been given her services free in many cases all over the country, said after the meeting: 'The Duchy admitted it was a footpath and nothing else. On the definitive map it states there is a right of way for this path but it cannot be private and public — as this council has said it is an accommodation road, which has acquired a footpath.'

An accommodation road is one that is lawfully necessary for someone to access land or other property they have the right to use.

The inquiry was adjourned until March 6. The inspector said that a decision would be made within the next ten weeks.