Present:-

Councillors Tucker (Chairman), Brock, Hosking and Turner

Apologies:-

Councillor Cann, Hawkins and Shadrick

*PR/73 Minutes

RESOLVED that the minutes of the meeting held on 13 November 2007 be signed as a correct record.

*PR/74 Lyme Disease

The Committee received a presentation by Stella Huyshe-Shire, Lyme Disease Action, a charity founded by a group of scientists in 2003 to strive for the prevention and treatment of Lyme disease and other tick borne diseases. The presentation covered the symptoms of the disease, tick habitat, prevention, diagnosis and treatment. Members were advised that leaflets and more information could be found on the website www.LymeDiseaseAction.org.uk and that an article on the disease would be appearing in a future edition of the Devon Talk magazine.

*PR/75 Devon Countryside Access Forum

RESOLVED that the minutes of meeting of the Forum held on 11 February 2008 be noted.

*PR/76 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-08

Parish of Braunton (Part 4)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/42/HQ - text only | pdf EEC/08/42/HQ) which examined a proposal from a claim arising out of the Definitive Map Review in the Parish of Braunton.

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

RESOLVED that consideration of this item be deferred to the next meeting of this Committee.

(ii) Definitive Map Review 1996-2008

Parish of Colebrooke (Part 2)

(Councillors Lee and Way attended and spoke to this item in accordance with Standing Order 25(2)(a))

(Ms Gliddon and Mr Hockridge attended and 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/08/43/HQ - text onlyEEC/08/43/HQ) which examined five suggestions arising out of the Definitive Map Review in the Parish of Colebrooke.

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

RESOLVED

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

(1) adding a Restricted Byway (suggestion 1 Butsford Lane) between points A-C-D as shown on drawing number ED/PROW/07/40;

(2) adding a Restricted Byway (suggestion 8 Great Wotton Lane) between points D-E-F as shown on drawing number ED/PROW/07/45;

(B) that no Modification Order be made to record a public footpath between Lower Combe to Coleford (suggestion 10) between points J-K-L as shown on drawing number ED/PROW/07/46a.

(iii) Definitive Map Review 2005-08

Parish of Milton Abbot

The Committee considered the 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) concerning a dispute regarding a section of a minor county road through Willesley in the parish of Milton Abbot.

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

RESOLVED

(A) that the depiction of the county road shown on the List of Streets as a continuous through route between points A and F on drawing no. ED/PROW/06/182 be confirmed as correct;

(B) that action be taken to remove the obstructions on the route and for it to be re-opened for public use.

*PR/77 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

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

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

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

(c) Winkleigh Footpath No. 35 Diversion Order 2005 confirmed.

(d) Woolfardisworthy Footpath No. 7 Modification Order 2007 confirmed.

*PR/78 Modification Orders

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

(a) Bigbury Footpath Nos. 21, 22, 23, 24 25 Modification Order 2007

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

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

Modification Order 2006

(d) Shirwell Restricted Byway No. 31 Modification Order 2006

*PR/79 Public Path Orders

(a) Proposed Diversions

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

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

(Mr Mewis, Mr Kaye and Mr Williams attended and 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/08/45/HQ - text only | pdf EEC/08/45/HQ) arising 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 had generated much support, but also much opposition from local residents.

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

RESOLVED that this item be deferred pending a Committee site visit to be held on the afternoon of 17 March 2008.

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

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

(Mr Overton attended and 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/08/46/HQ - text only | pdf EEC/08/46/HQ) seeking approval to make an Order to divert part of Footpath No. 46, Ottery St. Mary against the wishes of the landowners. The diversion was required as two sections of the path, which forms part of a popular circular walk between Ottery St. Mary and Tipton St. John, had been eroded by the River Otter and another section was vulnerable. Attempts to reach an agreement with the landowners on an alternative route had proved unsuccessful.

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

RESOLVED

(A) that an Order be made to divert part of Footpath No. 46, Ottery St. Mary under Section 119 of the Highways Act 1980 from the line A-C-D to the line A-B-D, as shown on drawing No ED/PROW/06/129A and that if no objections are received (or if so made, are withdrawn) it be confirmed as an unopposed Order;

(B) that the cost of the Order and accommodation works be borne by the County Council.

(b) The Committee noted the following Public Path Orders had been made and confirmed

under delegated powers:

Diversion Orders

(i) Clayhanger Footpath No. 2 Diversion Order 2007

(ii) Clayhanger Footpath No. 7 Diversion Order 2007

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

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

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

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

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

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

Order 2007

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

Creation Orders/Agreements

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

(ii) Charleton Footpath No. 12 Creation Agreement 2007

(iii) Ipplepen Footpath No. 14 Creation Agreement 2006

Extinguishment Orders

(i) Bigbury Footpath No. 25 Extinguishment Order 2007

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 4.30pm

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