Decision – Gillard Road, Brixham

1.   
that the Divisional Director for Place Strategy be requested to
exercise his delegated powers to authorise the making of a Public
Path Creation Order under Section 26 of the Highways Act 1980 in
respect of the footpath at/off Gillard Road, Brixham shown edged
red on the plan shown on Appendix 1, attached to the submitted
report; and

2.   
that the Divisional Director for Place Strategy, in consultation
with the Cabinet Member for Place Development and Economic Growth,
be given delegated authority to confirm the Order if there are no
objections or objections are withdrawn. 
In circumstances where there are objections, the Divisional
Director for Place Strategy shall seek confirmation of the Order
from the Secretary of State.

The proposal supports
the delivery of Torbay’s vision for a healthy, happy, and
prosperous community by safeguarding a safe, reliable, and
accessible walking route for everyday use.  Protecting this link strengthens neighbourhood
connectivity, promotes active travel, and contributes to improved
health outcomes and community participation, in line with the
Community and People theme.

Continuing to rely on
voluntary landowner permission would require no immediate legal or
resource commitment and may preserve access in the short
term.  However, public access would
remain unsecured and could be withdrawn at any time, particularly
following the sale of the land, with a real risk of the route being
lost.

Seeking a long-term
permissive access agreement with new landowners would allow
continued use without establishing a Public Right of Way (PROW) and
would be less administratively complex. 
However, access would remain non?permanent, could still be
withdrawn in future, and would carry no statutory maintenance
obligation, potentially resulting in inconsistent path quality.

Alternatively,
entering into a Public Path Agreement under Section 25 of the
Highways Act 1980 would secure the route as a PROW through
voluntary dedication.  However,
following the land sale, ownership is expected to be fragmented,
making negotiations complex and potentially prolonged.

The decisions above
will be considered at the adjourned annual Council meeting on 14
May 2026.

The walking route
alongside and connecting from Gillard Road, Brixham is currently a
permissive path, meaning public access is allowed at the discretion
of the landowner and can be withdrawn at any time.  Risk to the route emerged when the land,
previously owned by Torbay Coast and Countryside Trust (TCCT),
entered liquidation and was offered for sale, creating uncertainty
over the future of public access.

While Torbay Council
manages and maintains the Public Rights of Way (PROW) network
recorded on the Definitive Map and Statement, permissive paths are
not legally protected and fall outside the Council’s
statutory responsibilities.  As a
result, continued public access to this well?used and valued route
cannot be guaranteed, particularly following changes in land
ownership.

Without formal
designation, there is a real risk that the community could lose a
safe and important walking link relied upon by residents and
visitors.  Designating the route as a
PROW would secure its long?term availability, provide legal
protection, and ensure it can be properly maintained as part of the
wider network.