Tuesday 4 March 2008

A special meeting of the Public Rights of Way Committee will be held on the above date at 2.15pm at County Hall, Exeter to consider the following matters.

P. NORREY

Chief Executive

A G E N D A

PART I OPEN COMMITTEE

1. Apologies for Absence

2. Minutes of the meeting held on 13 November 2007 (Page 6).

3. Items Requiring Urgent Attention

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

MATTERS FOR DECISION

4. Lyme Disease

Presentation by Stella Huyshe, The Lyme Disease Action Group.

5. Devon Countryside Access Forum

Minutes of meeting held on 11 February 2008 (Page 10).

6. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-08

Parish of Braunton (Part 4)

Report of the Director of Environment, Economy and Culture

(EEC/08/42/HQ - text only | pdf EEC/08/42/HQ) (Page 19) and background papers enclosed. The report examines a proposal from a claim arising out of the Definitive Map Review in the Parish of Braunton.

Electoral Division: Braunton Rural

(ii) Definitive Map Review 1996-2008

Parish of Colebrooke (Part 2)

Report of the Director of Environment, Economy and Culture

(EEC/08/43/HQ - text onlyEEC/08/43/HQ) (Page 35) and background papers enclosed. The report examines five suggestions arising out of the Definitive Map Review in the Parish of Colebrooke.

Electoral Division: Crediton Rural

(iii) Definitive Map Review 2005-08

Parish of Milton Abbot

Joint report of the County Solicitor and the Director of Environment, Economy and Culture (EEC/08/44/HQ - text only | pdf EEC/08/44/HQ) (Page 95) and background papers enclosed. The report concerns a dispute regarding a section of a minor county road through Willesley in the parish of Milton Abbot.

Electoral Division: Okehampton Rural

7. Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

The following decisions and directions have been received from the Secretary of State:

(i) Morchard Bishop Restricted Byway No. 55 Modification Order 2004 Order

confirmed (Page 105)

(ii) Morchard Bishop Footpath No. 27 Diversion Order Order confirmed

(Page 106)

(iii) Winkleigh Footpath No. 35 Diversion Order 2005 Order confirmed (Page 107)

(iv) Woolfardisworthy Footpath No. 7 Modification Order 2007 - Order confirmed

(Page 108)

8. Modification Orders

The following Modification Orders have been confirmed:

(i) Bigbury Footpath Nos. 21, 22, 23, 24 25 Modification Order 2007 (Page 109)

(ii) Horwood, Lovacott and Newton Tracey Footpath No. 65 - Modification Order 2007

(Page 110)

(iii) Shirwell Restricted Byway Nos. 29 30/Pilton West Restricted Byway No. 12

Modification Order 2006 (Page 111)

(iv) Shirwell Restricted Byway o. 31 Modification Order 2006 (Page 112)

9. Public Path Orders

(a) Proposed Diversions

(i) Footpath No. 39, Newton Abbot: Application for Diversion

Report of the Director of Environment, Economy and Culture (EEC/08/45/HQ - text only | pdf EEC/08/45/HQ) (Page 113) and background papers enclosed. Report stems from an application by a landowner to divert a footpath on the outskirts of Newton Abbot, as shown on drawing ED/PROW/07/100. The proposal has generated much support, but also much opposition from local residents.

Electoral Division: Newton Abbot South

(ii) Proposed Diversion: Ottery St. Mary Footpath No. 46

Report of the Director of Environment, Economy and Culture (EEC/08/46/HQ - text only | pdf EEC/08/46/HQ) (Page 117). The report seeks approval to make an order to divert part of Footpath No. 46, Ottery St. Mary against the wishes of the landowners. The diversion is required as two sections of the path, which forms part of a popular circular walk between Ottery St. Mary and Tipton St. John, have been lost due to erosion of the River Otter. Attempts to reach an agreement with the landowners on an alternative route have proved unsuccessful.

Electoral Division: Ottery St Mary Rural

(b) The following Public Path Orders have been made and confirmed under delegated powers:

Diversion Orders

(i) Clayhanger Footpath No. 2 Diversion Order 2007 (Page 124)

(ii) Clayhanger Footpath No. 7 Diversion Order 2007 (Page 125)

(iii) Clayhidon Footpath No. 20 - Diversion Order 2007 (Page 126)

(iv) Clayhidon Footpath No. 33 - Diversion Order 2007 (Page 127)

(v) Colebrooke Footpath Nos. 5 6 Diversion Order 2007 (Page 128)

(vi) Loddiswell Footpath No. 17 - Diversion Order 2006 (Page 129)

(vii) Ottery St. Mary Footpath No. 47 - Diversion Order 2007 (Page 130)

(viii) Templeton Footpath No. 2/Cruwys Morchard Footpath No. 2 - Diversion Order

2007 (Pages 131 and 132)

(ix) Uplowman Footpath No. 7 9 - Diversion Order 2007 (Page 133)

(c) Creation Orders/Agreements

(i) Barnstaple Footpath No. 34 - Creation Order 2007 (Page 134)

(ii) Charleton Footpath No. 12 Creation Agreement 2007 (Page 135)

(iii) Ipplepen Footpath No. 14 Creation Agreement 2006 (Page 136)

(d) Extinguishment Orders

(i) Bigbury Footpath No. 25 Extinguishment Order 2007

PART II ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PRESS AND PUBLIC

Nil.

Members are reminded that Part II Reports contain exempt information and should therefore be treated accordingly. They should not be disclosed or passed on to any other person(s). Members are also reminded of the need to dispose of such reports carefully and are therefore invited to return them to the Committee Secretary at the conclusion of the meeting for disposal.

MEMBERS ARE REQUESTED TO SIGN THE ATTENDANCE REGISTER

Membership

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

Declaration of Interests

Members are reminded that they must declare any interest they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

Access to Information

Any person wishing to inspect any minutes, reports or list of background papers relating to any item on this agenda should contact Exeter 01392 382264.

Internet

The agendas and minutes of the Public Rights of Way Committee together with officers reports considered by the Committee are now published on the Information Devon Website at:

Access to County Hall

Access to County Hall is restricted and all visitors are requested to report to the Main Reception. Car parking facilities on site are limited. Provision for disabled parking is available. It is advisable to contact County Hall Main Reception in advance on 01392 382504. See attached sheet for Public Transport Links.

Public Participation

Any member of the public resident in the administrative area of the County of Devon may make a presentation on any proposed public footpath order being considered by the Committee. Any request to make a presentation must be made to the Chief Executive s Directorate, County Hall, Exeter by 12 noon on the third working day before the relevant meeting. Please ring Exeter 01392 382264.

Copies of this Agenda and/or Reports may be made available in other formats (e.g. large print, audio tape, Braille or other languages). Please contact the Information Centre on 01392 380101 for more information.

GUIDANCE NOTES FOR VISITORS

Car Parking and Security All visitors to the Committee Suite are requested to report to Main Reception. If arriving by car please enter the campus via the Topsham Road entrance. Access to the parking area is by video/audio intercom. If you are hearing impaired please indicate by pointing to your ears. If you are unable to use the intercom please show your Blue Badge to the windscreen. Car parking for visitors is limited (Car park A). There is limited on-street pay display car parking around the County Hall campus. Public car parking can be found at the Cathedral Quay or Magdalen Road Car Parks (approx 20 minutes walk). Access to County Hall and Public Transport Links Bus Services K, S and T operate from the High Street to County Hall (Topsham Road). To return to the High Street use Services K, R or T. Local Services to and from Dawlish, Teignmouth, Newton Abbot, Exmouth, Plymouth and Torbay all stop in Barrack Road, approximately 5 minutes walk from County Hall. Park and Ride Services also operate from Sowton and Marsh Barton Industrial Estates with bus services direct to the High Street. The nearest mainline railway stations are Exeter Central (5 minutes from the High Street) and St David s and St Thomas, all of which have regular bus services to the High Street. Bus Service H (which runs from St David s Station to the High Street) continues and stops in Wonford Road (at the top of Matford Lane shown on the map) a 2 3 minute walk from County Hall, en route to the RDE Hospital (itself only approximately 10 minutes walk from County Hall, through the Gras Lawn estate on Barrack Road). Car Sharing Car sharing allows people to benefit from the convenience of the car, whilst alleviating the associated problems of congestion and pollution. For more information please look at the Council's website: http://www.carsharedevon.com Cycle Facilities Cycle stands are available outside County Hall Main Reception and the Lucombe House building. A map of Exeter cycle routes can be found at: http://www.devon.gov.uk/excguide.pdf Fire/Emergency Instructions In the event of a fire or other emergency please note the following instructions. If you discover a fire, immediately inform the nearest member of staff and/or operate the nearest fire alarm. On hearing a fire alarm leave the building by the nearest available exit. The County Hall Stewardesses will help direct you. Do not stop to collect personal belongings. Do not use the lifts. Assemble either on the cobbled car parking area adjacent to the administrative buildings or in the car park behind Bellair House, as shown on the site map above. You should remain at the assembly point until you receive further instructions. Do not re-enter the building without being told to do so. First Aid Contact Main Reception (extension 2504) for a trained first aider. A list of First Aiders is displayed in each Committee Room.