Present:-

Councillors Tucker (Chairman), Brock, Hawkins, Shadrick and Turner

Apologies:-

Councillor Cann

*PR/66 Minutes

RESOLVED that the minutes of the meeting held on 10 July 2007 and special meeting held on 11 October 2007 be signed as correct records.

*PR/67 Monkton Claimed Footpath

(An item taken under Section 100B(4) of the Local Government Act 1972)

(Mr Mawer spoke to this item in accordance with the Council s public participation procedures)

The Chairman had decided that the Committee should consider this item as a matter of urgency to allow the Committee to determine this issue following a direction by the Secretary of State.

The Director reported on the claimed footpath in Monkton between Old Parsonage Lane (in Offwell) via Spilcombe Copse and Whitehorn to Cleverhayes Lane considered by the Committee at its meeting on 7 June 2005 (Minute 165(a)(ii) refers). The Committee agreed that there was insufficient evidence to justify recording the claimed footpath as a right of way. This decision was then referred to the Secretary of State who directed that a Modification Order be made. The County Solicitor had confirmed that the Committee had little alternative but to make the Order as directed.

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a footpath in the Parishes of Monkton, Offwell and Uffculm as shown between points A, B and C on drawing number ED/PROW/05/80 in Appendix I of report ED/05/105/HQ - pdf ED/05/105/HQ.

*PR/68 Devon Countryside Access Forum

RESOLVED that the minutes of the meeting of the Forum held on 24 September 2007 be noted.

*PR/69 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 1996-2007

Parish of Colebrooke (Part 1)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/311/HQ - text only | pdf EEC/07/311/HQ) which examines 3 suggestions arising out of the Definitive Map Review in the Parish of Colebrooke.

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

RESOLVED

(A) that a Modification Order be made to modify the Definitive Map and Statement by:

(1) adding a footpath (Suggestion 3 Church Path) between points D E as shown on drawing number ED/PROW/07/41;

(2) adding a Byway Open to All Traffic (Suggestion 4 Byway to Cemetery) between points E F as shown on drawing number ED/PROW/07/41.

(B) that no Modification Order be made to record a public footpath between Waterleat Cottages and Footpath No 19 (Suggestion 5) between points K and L as shown on drawing number ED/PROW/07/42.

(ii) Definitive Map Review 2004-2007

Parish of Lydford

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/312/HQ - text only | pdf EEC/07/312/HQ) concerning the Definitive Map Review in the Parish of Lydford.

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

RESOLVED that Modification Orders be made to modify the Definitive Map and Statement by:

(A) adding a public footpath between Points A-B (Proposal 1) as shown on drawing number ED/PROW/06/85;

(B) upgrading Footpath No. 8 to a public bridleway on the Definitive Map and Statement between Points A-B-C-D-E (Proposal 2) as shown on drawing number ED/PROW/06/86;

(C) adding a public bridleway between Points A-B (Proposal 3) as shown on drawing number ED/PROW/06/87

(iii) Definitive Map Review 2006-2007

Parish of Braunton (Part 3)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/313/HQ - text only | pdf EEC/07/313/HQ) which examines suggestions arising out of the Definitive Map Review in the Parish of Braunton.

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

RESOLVED that no Modification Orders be made in respect of:

(A) Route 10, claimed upgrade of Footpath No. 39 to bridleway and application for upgrade to byway, from the minor road near Whitehall Mill, southwestwards through Pippacott Wood to the minor road at Pippacott Farm, between points V-W shown on drawing number ED/PROW/06/118; and

(B) Route 11, application for addition of a byway from the minor road near Pippacott Farm, southeastwards along Moor Lane to the minor road, Waterlake Lane, near Lee Cottages, between points W-X shown on drawing number ED/PROW/06/118.

(iv) Definitive Map Review 1996-2007

Parish of Uffculme

(Mr Box spoke to this item in accordance with the Council s public participation procedures)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/314/HQ - text only | pdf EEC/07/314/HQ) proposing the making of three Modification Orders and one creation agreement following a site inspection by Councillors Tucker and Hoskings. The Chairman reported the contents of a letter from Mr P Masters regarding routes 6 and 8.

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

RESOLVED

(A) a Modification Order be made to modify the Definitive Map and Statement by upgrading Footpath No. 19, Kentisbeare (part) to a public bridleway A-B-C-D-E (Route 8);

(B) a Modification Order be made to modify the Definitive Map and Statement by adding a public bridleway A-H-D (Route 9);

(C) no order be made in respect of the claimed bridleway J-K (Route 10), but the landowners be approached with a view to entering into a creation agreement to record the route as a bridleway;

(D) a Modification Order be made to modify the Definitive Map and Statement by adding a public bridleway M-K-F (Route 11);

all as shown on drawing no. ED/PROW/07/76.

(b) Schedule 14 Applications

Willing Lane

Parish of Rattery

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/315/HQ - text only | pdf EEC/07/315/HQ) detailing 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 Brock, SECONDED by Councillor Shadrick and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a Byway Open to All Traffic between points A-B-C as shown on drawing number ED/PROW/07/80a.

*PR/70 Public Inquiry, Informal Hearing and Written Representation Decisions: Directions and High Court Appeals

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

(a) Hockworthy Bridleway No. 4: Appeal against the Committee s decision not to delete way refused.

(b) Pilton West Restricted Byway No.12, Shirwell Restricted Byway Nos. 29, 30 and 31 confirmed after public inquiry.

*PR/71 Modification Orders

The Committee noted that the following Modification Orders had been confirmed:

(a) Okehampton Hamlets Footpath No. 13 Modification Order 2007.

(b) Okehampton Hamlets Footpath No. 36 Modification Order 2007.

*PR/72 Public Path Orders

(a) The Committee noted that the following Public Path Orders had been made and confirmed under delegated powers:

Diversion Orders

(i) All Saints Footpath No. 58 Diversion Order 2007.

(ii) Ashwater Footpath No. 5 Diversion Order 2007.

(iii) Bishop s Nympton Footpath No. 6 Diversion Order 2007.

(iv) Bishop's Nympton Footpath No. 17 Mariansleigh Footpath No. 1 - Diversion Order 2007.

(v) Blackawton Bridleway No. 5 Diversion Order 2007.

(vi) Braunton Footpath No. 40 Marwood Footpath No. 13 - Diversion Order 2006.

(vii) Buckerell Footpath No. 18 Feniton Footpath No. 7 - Diversion Order 2007.

(viii) Lapford Footpath No. 1 Diversion Order 2006.

(ix) Shute Footpath No. 2 Diversion Order 2004.

(x) Sourton Footpath No. 3 - Diversion Order 2007.

(xi) Thornbury Footpath No. 5 - Diversion Order 2006.

(xii) Winkleigh Footpath No. 3 Diversion Order 2007.

Creation Agreements

(i) Chittlehampton Footpath No. 24 Creation Agreement 2007.

(b) Magistrates Court Order

Proposed Stopping up of Minor County Road at Lowton, Bridford

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/316/HQ - text only | pdf EEC/07/316/HQ) arising from a request for action to stop up a short section of minor county road which would be rendered unnecessary in the event of confirmation of an order that has been applied for to Dartmoor National Park Authority (DNPA) to divert an adjoining section of public bridleway and extinguish a section of adjoining public footpath.

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

RESOLVED that no objection be made to the request to stop up a section of minor county road at Lower Lowton, Bridford between points C-E-F and that application be made under S.116 Highways Act 1980 upon confirmation of the Order applied for to divert the end of the adjoining bridleway from point C to point F as shown on the attached plan 15/5/4/1.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.45pm

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