Present:-

Councillors Tucker (Chairman), Brock, Cann and Shadrick

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

Councillors Lee and Cook

Apologies:-

Councillors Hawkins, Hosking and Turner

*PR/58 Minutes

RESOLVED that the minutes of the meeting held on 6 March 2007 be signed as a correct record.

*PR/59 Broadhempston Footpath No. 2

In accordance with Standing Order 23, Councillor Cook had asked that the Committee consider the proposed diversion of this Footpath and attended and spoke to this item.

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

RESOLVED that the cost of the proposed diversion should fall to the Landowner.

*PR/60 Devon Local Access Forum

RESOLVED that the Minutes of the meetings of the Forum held on 14 February and 25 April 2007 be noted.

*PR/61 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 1996-2007: Parish of Uffculme

(Mr Masters attended and spoke to this item under the Council s Public Participation procedure)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/186/HQ - text only | pdf | supplementary information EEC/07/186/HQ) and associated background papers on proposals arising from the review of the Parish of Uffculme affecting Routes 8, 9, 10 and 11.

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

RESOLVED

(A) that consideration of the proposals be deferred pending a site visit of the proposed route for upgrading Footpath No. 19, Kentisbeare (part) to a public bridleway A B C D E ( Route 8) to be carried out by all Members of the Committee on 8 October 2007 at 2.30pm;

(B) that the proposals be reconsidered in light of (A) above, at the next meeting.

(ii) Definitive Map Review 2006-2007 : Parish of Malborough

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/187/HQ - text only | pdf | supplementary information EEC/07/187/HQ) and associated background papers on proposals arising from the review of the Parish of Malborough and the determination of a claim under Schedule 14 of the Wildlife and Countryside Act 1981 to record a public footpath.

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a footpath between points A-B (Proposal 1), as shown on drawing number ED/PROW/07/31.

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

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/188/HQ - text only | pdf | supplementary information EEC/07/188/HQ) on the review of the Definitive Map in the Parish of Dunterton.

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

RESOLVED that the Committee note that to date there are no proposals for modifying the Definitive Map in the Parish of Dunterton.

(iv) Definitive Map Review 2006-2007: Parish of Braunton (Part 2)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/189/HQ - text only | pdf | supplementary information EEC/07/189/HQ) and associated background papers on proposals arising from the review of the Parish of Braunton.

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

RESOLVED that Modification Orders not be made in respect of:

Route 5, to record on the Definitive Map and Statement a footpath from the B3221, Saunton Road, at the entrance to Saunton Golf Club westwards to the Saunton Sands car park, between points J-K shown on drawing number ED/PROW/06/113;

Route 7, for the claimed addition of byways from the unsurfaced public road near North Lobb along a track to Cruffen Cross and along Cruffen Lane to the minor road near Incledon, between points O-P-Q shown on drawing number ED/PROW/06/115;

Route 8, for the claimed addition of a byway from the A361, Ilfracombe Road, near Stony Bridge along a track, Stony Lane, to the minor road at Winsham Cross, between points R-S shown on drawing number ED/PROW/06/116;

Route 9, to record on the Definitive Map and Statement a bridleway from the minor road at Beara Down Cross southeastwards along Farpark Hill Lane to the minor road, Watery Lane, near Beara Farm, between points T- shown on drawing number ED/PROW/06/117, but to consider a possible creation by agreement with the landowner; and

Route 12, for the claimed upgrading of Footpath No. 33 to bridleway from Down Lane along a track on Braunton Down and Watery Lane to the minor road, Higher Park Road, near Park Farm, between points Y- shown on drawing number ED/PROW/06/119.

(b) Schedule 15 Application: Definitive Map Review: Bishopsteignton - Claimed Bridleway: Track through Melland s Copse (Minute *PR/53(b)/6 March 2007)

(Miss Comyns and Messrs Davey and Morgan attended and spoke to this item under the Council s Public Participation procedure).

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/190/HQ - text only | pdf | supplementary information EEC/07/190/HQ) and associated background papers on the determination of a claim to record a bridleway following the site inspection undertaken on 23 April 2007.

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

RESOLVED that a Modification Order be made to add a public bridleway over a route between Coombes End Road (UCR 1209) and the minor county road (UCR 1207) in the parish of Bishopsteignton, as shown on the attached drawing number ED/PROW/07/23 between points A B.

*PR/62 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

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

(i) Teignmouth Footpath No.3 public inquiry route confirmed;

(ii) Morchard Bishop Bridleway No. 52 route confirmed as Restricted Byway;

(iii) Morchard Bishop No. 53/Woolfardisworthy No. 36/Sandford No. 45 Bridleway route confirmed as Restricted Byway;

(iv) Morchard Bishop Bridleway No. 55 proposed to be confirmed as Byway Open to All Traffic

In relation to Morchard Bishop Bridleway No. 55 the County Solicitor updated members on the position regarding the Inspector s decision to modify this order to a BOAT on the basis that an exemption in the NERC Act applied. The County Solicitor reported that there was additional relevant material available which had not been submitted to the Inspector and so approval was sought to object to the proposed modification so that this material in support of Restricted Byway status could be put before the Inspector.

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

RESOLVED that authority be given to object to Morchard Bishop Bridleway No.55 being confirmed as a Byway Open to All Traffic.

*PR/63 Sourton Footpath No. 1 - Modification Order 2006

The Committee noted that the above Modification Order had been confirmed unopposed.

*PR/64 Public Path Orders

(a) Diversion Orders

(i) Proposed Diversion: Bridleway Nos. 10 11, Coldridge (Minute*PR/56(a)(i)/6 March 2007

(Councillor Lee attended and spoke to this item as the Local Member under Standing Order 25(2).

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/191/HQ - text only | pdf | supplementary information EEC/07/191/HQ) and associated background papers on the diversion of public bridleways to overcome longstanding obstructions, following the site inspection undertaken on 23 April 2007.

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

RESOLVED that an Order be made under section 119 of the Highways Act 1980 to divert: part of Bridleway No. 10, Coldridge between points V-U to a line around the south and east sides of a building; and part of Bridleway No. 11, Coldridge from the line W-A to the line W-X, as shown on drawing no. ED/PROW/07/17A, with the cost of the Order being borne by the County Council.

(ii) Southwest Coast Path: Man Sands Beach, Kingswear

In accordance with Standing Order 23, Councillor Hawkins had asked that the Committee be advised of the diversion of the Coast Path at Man Sands beach following winter storms. The Committee also considered the report of the Director of Environment, Economy and Culture (EEC/07/192/HQ - text only | pdf | supplementary information EEC/07/192/HQ).

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

RESOLVED that no further action be taken at this time with regard to the Coast Path at Man Sands Beach, but the matter be kept under review.

(b) Confirmed Path Orders

The Committee noted the following Public Path Orders made and confirmed under delegated powers:

(i) Bridford Footpath No. 32 - Diversion Order 2007,

(ii) Down St. Mary Footpath No. 18 Morchard Bishop Footpath No. 57- Diversion Order 2006 ,

(iii) Halwill Bridleway No. 11 Northlew Bridleway No. 27 - Diversion Order 2006,

(iv) Holbeton Footpath No 6 Diversion Order 2007,

(v) Loxbeare Footpath No. 8 - Diversion Order 2007,

(vi) Newton St. Petrock Footpath No. 1 - Diversion Order 2007,

(vii) North Molton Footpath No. 6 - Diversion Order 2006,

(viii)Shobrooke Footpath Nos 20 21 - Diversion Order 2006,

(ix) Washford Pyne Footpath No. 5, 6 7 - Diversion Order 2006.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.50pm

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