Public Rights of Way through Knowle: public hearing due

In June 2013, the application by the Knowle Residents' Assn to dedicate paths through Knowle parkland as Public Rights of Way was turned down by the County Council:
Vision Group for Sidmouth - Public Rights of Way through Knowle: rejected

Last November, the Planning Inspector overturned the County Council's rejection of two Public Rights of Way through Knowle:
Futures Forum: Public Rights of Way through Knowle: appeal accepted: District Council press release, responses and background 

This is from the Herald at the time:

Inspector sides with residents in Knowle footpath battle

19:30 24 November 2013

Stefan Gordon

Angry Sidmouth residents gathered at Knowle Gardens after seeing their application for public footpaths rejected. That decision was overturned this week. Picture by Alex Walton. Ref shs 5623-26-13AW

CAMPAIGNERS are claiming victory in a battle to have footpaths at Knowle formally recognised as public rights of way – after a decision to flatly refuse their bid was overturned.

Campaigners now want these conrtversial signs taken down

Residents asked for the designation to safeguard the site’s parkland and gardens from developers as East Devon District Council (EDDC) looks to relocate.

Devon County Council (DCC) rejected their pleas in June but a planning inspector this week sided with residents over a pair of the routes after they lodged an appeal.

Protesters now want ‘provocative’ signs erected at EDDC’s HQ – which state the land is its property – to be taken down. The authority has in turn said the ‘complex’ matter is not as clear cut and could itself now lodge an appeal.

Knowle Residents’ Association members wanted a host of paths to be legally recognised as public rights of way as they have been used by the community for more than 20 years.

EDDC opposed the bid but planning inspector Sue Arnott ruled that two routes - one leading along the drive to the council’s offices from near Balfour Lodge in Station Road, and a second from the upper end of Knowle Drive - should be recognised as public. She said other routes were on land that had been formally declared as public open space - and their use was ‘sufficient to raise a presumption of dedication’.

A ‘delighted’ Knowle Residents’ Association spokesperson said: “We sincerely hope that EDDC will now remove itssigns which suddenly appeared following our application and which are unnecessary, provocative and deter local residents and visitors from enjoying the public park and gardens”.

A DCC spokesman said: “The Planning Inspectorate has allowed the appeal in part. We have been directed to record footpaths on the routes leading to the open space in the grounds of the Knowle, but not on the open space itself, where there is already public access. This decision will need approval from our public rights of way committee in February.”

Inspector sides with residents in Knowle footpath battle - News - Sidmouth Herald

The District Council then appealed against the Inspector's decision: 
AND naughty DCC and Planning Inspectorate – you have upset EDDC too! | East Devon Watch

- and this is now due to be heard later this year:

Decision due this summer on Knowle public rights of way

12:08 22 April 2015

Walkers may still be able to enjoy a stroll through the ‘upper terraces’ area of Knowle, even if proposals to build a retirement community on the site go ahead as planned.

The Knowle Residents’ Association had previously applied to have two footpaths in the parkland registered as public rights of way, with the aim of safeguarding the routes ahead of East Devon District Council’s (EDDC) mooted relocation.

County council officials initially refused the application, but a government inspector subsequently overturned the decision.

EDDC then appealed against the inspector’s ruling. The authority has since given the final approval for its relocation plans - but a decision on whether to formally designate the footpaths has yet to be made.

One of the proposed rights of way runs from the road entrance to Knowle off Station Road to the ‘upper terraces’ area, which sit directly in front of the former hotel building. The second runs around the rear of the council offices and down past the Knowle Depot to Knowle Drive.

EDDC has already agreed to ‘appropriate’ the upper terraces section of the park, which will be sold along with the existing offices for redevelopment.

But a district council spokeswoman confirmed this week that, if a government inspector deems the paths to be public at a hearing later this year, any building that takes place will have to take the decision into account.

Keith Northover, chairman of the Knowle Residents’ Association, said the group was getting its evidence together in preparation for the public inquiry on September 15. He told the Herald: “We wouldn’t be going through this whole process if we didn’t think we had a good chance of winning it.

“We are fighting to have two public footpaths recognised which had previously been awarded to us by the planning inspector. We had offered to deal with through correspondence, but the planning inspector insisted that they held a proper public inquiry.”

Decision due this summer on Knowle public rights of way - News - Sidmouth Herald

The question remains as to how this will affect the District Council's decision to relocate:
Green light for £10m relocation of East Devon Council’s Sidmouth headquarters | Exeter Express and Echo

Developers are well aware of this process:
commercialsearch.savills.co.uk/content/assets/3732/Brochure - Knowle 020914.pdf
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