Meeting documents

Public Rights of Way

Committee Minutes

Tue Mar 06 2007

Related Documents:
agenda for these minutes

Present:-

Councillors Tucker (Chairman), Brock, Cann, Hawkins, Hosking

Attending in accordance with Standing Order 25(2):-

Councillor Lee

Apologies:-

Councillors Date, Mrs. Turner

*PR/51 Minutes

RESOLVED that the minutes of the meeting held on 14 November 2006 be signed as a correct record.

*PR/52 Devon Countryside Access Forum

The Committee received and noted the minutes of the Forum held on 24 November 2006.

*PR/53 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-2007: Parish of Braunton (Part 1)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/54/HQ - text only | pdf | supplementary information EEC/07/54/HQ) and associated background papers examining five suggestions arising out of the Definitive Map Review in the Parish of Braunton.

It was MOVED by Councillor Cann, SECONDED by Councillor Hawkins and

RESOLVED

(A) that, subject to consultations with North Devon District Council and Braunton Parish, Modification Orders be made in respect of:-

Route 1, to record on the Definitive Map and Statement a footpath from Wrafton Road along Chicken Lane to Curve Acre, between points A-B shown on drawing number ED/PROW/06/111;

Route 2, to record on the Definitive Map and Statement a footpath from Score Farm bridge along the River Caen bank to Station Close, near Gubbin s Lane, between points C-D shown on drawing number ED/PROW/06/111; and

Route 4, to record on the Definitive Map and Statement a footpath from Footpath No. 75 at Down End across Saunton Down to Footpath No. 22, between points H-I shown on drawing number ED/PROW/06/113;

(B) that no Modification Orders be made in respect of:-

Route 13, for a continuation beyond the recorded end of Footpath No. 31 across Braunton Down from point B1, as shown on drawing number ED/PROW/06/119, but to consider the possible creation of a link by agreement with the landowner in connection with a diversion; and

Route 14, for a continuation beyond the recorded end of Footpath No. 54 in the woods on West Hill from point D1, as shown no drawing number ED/PROW/06/120, but to consider the possible creation of other routes by agreement with the landowners.

(ii) Definitive Map Review 2004-2007: Parish of Lewtrenchard

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/55/HQ - text only | pdf EEC/07/55/HQ) on the Definitive Map Review in the Parish of Lewtrenchard.

It was MOVED by Councillor Tucker, SECONDED by Councillor Brock and

RESOLVED that it be noted that there are no proposals for modifying the Definitive Map in the Parish of Lewtrenchard.

(iii) Definitive Map Review 2005-2007: Parish of Frithelstock

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/56/HQ - text only | pdf | supplementary information EEC/07/56/HQ) and associated background papers on the Definitive Map Review for the Parish of Frithelstock and the determination of a claim under Schedule 14 of the Wildlife and Countryside Act 1981 to record a byway open to all traffic.

It was MOVED by Councillor Hawkins, SECONDED by Councillor Hosking and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a restricted byway between points A-B-C (Proposal 1), as shown on drawing number ED/PROW/07/21.

(iv) Definitive Map Review 2006-2007: Parish of West Alvington

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/57/HQ - text only | pdf | supplementary information EEC/07/57/HQ) and associated background papers on the Definitive Map Review for the Parish of West Alvington and the determination of a claim under Schedule 14 of the Wildlife and Countryside Act 1981 to record a footpath.


It was MOVED by Councillor Brock, SECONDED by Councillor Tucker and

RESOLVED that no Modification Order be made to modify the Definitive Map and Statement to add a public footpath as claimed between points

A-B as shown on drawing number ED/PROW/07/15.

(b) Schedule 14 Application: Definitive Map Review: Bishopsteignton: Claimed Bridleway: Track through Melland s Copse

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/58/HQ - text only | pdf | supplementary information EEC/07/58/HQ) and associated background papers on the determination of a claim under Schedule 14 of the Wildlife and Countryside Act 1981 to record a bridleway. The Director updated the Committee on additional representations which had been received.

It was MOVED by Councillor Cann, SECONDED by Councillor Hawkins and

RESOLVED that consideration of this matter be deferred in order that Councillors Tucker, Brock and Hosking may visit this site on Monday, 23 April 2007.

*PR/54 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

(a) The Committee noted the following decisions and directions which had been received from the Secretary of State:-

Ilfracombe, Footpath No. 1 Modification Order 1997 Route confirmed following Public Inquiry.

(b) High Court Appeal: Kingswear Footpath No. 52 Judicial Review

(Councillor Hawkins declared a personal interest in this item).

The County Solicitor updated the Committee on this matter and the Committee noted that a further report would be presented to a future meeting.

*PR/55 Modification Orders

The Committee noted the following Modification Orders which had been confirmed as unopposed:-

(a) Kingsbridge, Footpath No. 6 Modification Order 2006;

(b) Kingsbridge, Footpath No. 14 Modification Order 2006;

(c) Kingsbridge, Byway Nos. 16 17 Modification Order 2006;

(d) Kingsbridge, Footpath No. 18 Modification Order 2006;

(e) Moretonhampstead, Footpath No. 48 Modification Order 2006;

(f) Sourton, Footpath No. 1 Modification Order 2006;

(g) Sourton, Footpath No. 9 Modification Order 2006.


*PR/56

Public Path Orders

(a) Diversion Orders

(i) Proposed Diversion: Bridleway Nos. 10 11, Coldridge

(Councillor Lee attended and spoke to this item in accordance with Standing Order 25(2)).

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/59/HQ - text only | pdf | supplementary information EEC/07/59/HQ) on options for the diversion of Bridleway Nos. 10 11, Coldridge against the wishes of the landowner to resolve a long standing obstruction resulting from development at Southmoor Farm.

It was MOVED by Councillor Tucker, SECONDED by Councillor Brock and

RESOLVED that a site inspection be held on Monday, 23 April 2007 (Councillors Tucker, Brock and Hosking) to consider options for diverting Bridleway Nos. 10 11, Coldridge to overcome a longstanding obstruction

(ii) The Committee noted the following Public Path Orders which had been made and confirmed under delegated powers:-

(A) Bampton, Footpath No. 12 Diversion Order 2006;

(B) Bradstone, Footpath No. 3 Diversion Order 2006;

(C) Braunton, Footpath No. 43 Diversion Order 2006;

(D) Cadeleigh, Footpath No. 2 Diversion Order 2006;

(E) Charleton, Footpath No. 2- Diversion Order 2001;

(F) Cheriton Bishop, Bridleway No. 3a Diversion Order 2006;

(G) Clayhidon, Footpath No. 8 Diversion Order 2006;

(H) Halwill, Bridleway No. 7 Diversion Order 2006;

(I) Halwill, Bridleway No. 11 Bridleway No. 27, Northlew Diversion Order 2006;

(J) Hemyock, Footpath No. 19 Diversion Order 2006;

(K) Hemyock, Footpath No. 35 Diversion Order 2006;

(L) Ilfracombe, Bridleway No. 31 Diversion Order 2006;

(M) Morchard Bishop, Footpath Nos. 41 45 Diversion Order 2006;

(N) Northlew, Footpath No. 11 Diversion Order 2005;

(O) Oakford Footpath No. 5a Diversion Order 2006;

(P) Satterleigh Warkleigh, Footpath No. 1 Diversion Order 2006;

(Q) Shirwell, Bridleway No. 21 Diversion Order 2006;

(R) Sourton, Footpath No. 4 Diversion Order 2006;

(S) Stokenham, Footpath No. 32 Diversion Order 2006;

(T) Talaton, Footpath No. 7 Diversion Order 2006;

(U) Washfield, Footpath No. 8, Diversion Order 2006;

(V) Hartland, Footpath No. 45 Diversion Order 2006.

(b) Creation Orders/Agreements/Extinguishment Orders

The Committee noted the following Creation Orders/Agreements/Extinguishment Orders which had been made and confirmed under delegated powers:-

(i) Otterton, Footpath No. 5 Creation Agreement 2007;

(ii) Strete, Footpath No. 6 Creation Order 2006;

(iii) Lynton Lynmouth, Bridleway No. 54 Creation Agreement 2006;

(iv) Sourton, Footpath No. 6 Extinguishment Order 2006.

*PR/57 Date of Next Meeting

RESOLVED that the next meeting scheduled to be held on Tuesday, 12 June 2007 at 2.15 p.m. be re-arranged for Tuesday, 10 July 2007 at 2.15 p.m.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.15pm

The Minutes of the Public Rights of Way Committee are published on the County Council s Website at:-

Date Published: Tue Mar 13 2007