Monday 10 November 2008

A 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 10 June 2008, attached (Page 5).

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. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2007/08: Parish of Heanton Punchardon

Report of the Executive Director of Environment, Economy and Culture (EEC/08/269/HQ - text only | pdf EEC/08/269/HQ) on suggestion arising from the Definitive Map Review in the Parish of Heanton Punchardon, North Devon, attached (Page 9). Background papers enclosed separately.

Electoral Division: Braunton Rural

(ii) Definitive Map Review 1996-2008: Parish of Colebrooke (Part 4)

Report of the Executive Director of Environment, Economy and Culture (EEC/08/270/HQ - text only | pdf EEC/08/270/HQ) on the final suggestion arising from the Definitive Map Review in the Parish of Colebrooke, attached (Page 35). Background papers enclosed separately.

Electoral Division: Crediton Rural

(iii) Definitive Map Review 2007-08: Parish of South Huish

Report of the Executive Director of Environment, Economy and Culture (EEC/08/271/HQ - text only | pdf EEC/08/271/HQ) on suggestions arising from the Definitive Map Review in the Parish of South Huish, South Hams, attached (Page 52). Background papers enclosed separately.

Electoral Division: Thurlestone, Salcombe Allington

(b) Schedule 14 Applications

(i) Definitive Map Review: Haccombe with Combe - Claimed Bridleway: Track at Upper Gulmswell, Combeinteignhead

Report of the Executive Director of Environment, Economy and Culture (EEC/08/272/HQ - text only | pdf EEC/08/272/HQ) on the outcome of an investigation into a claim that a route in the parish of Haccombe with Combe, Teignbridge and having no current official highway status, should be recorded as a public highway, attached (Page 71). Background papers enclosed separately.

Electoral Division: Teign Estuary

(ii) Parish of Uffculme: Schedule 14 Application Addition of Public Footpath from the county road east of Five Fords Farm, north to the county road Penslade Cross Road, Uffculme

Report of the Executive Director of Environment, Economy and Culture (EEC/08/273/HQ - text only | pdf EEC/08/273/HQ) on a Schedule 14 Application made by the Devon Green Lanes Group to add a public footpath from the county road east of Five Fords Farm, Uffculme, north to Penslade Cross Road, attached (Page 77). Background papers enclosed separately.

Electoral Division: Willand Uffculme

5. 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) Inquiry: Bishops Tawton Footpath Nos. 17 19 confirmed (Page 86);

(ii) Inquiry: Morchard Bishop Footpath No. 65 Modification Order 2008 confirmed;

(iii) Inquiry: Northleigh Footpath No. 7 Modification Order 2005 confirmed (Page 87);

(iv) Inquiry: Northleigh Footpath No.8, Farway Footpath No. 3, Colyton Footpath No. 6 Southleigh Footpath No. 10 directed Modification Order 2006 confirmed (Page 88);

(v) Inquiry: Offwell Footpath Nos. 1-7, 9 10 and Widworthy Footpath No. 10 directed Modification Order 2007: not confirmed (Page 89);

(vi) Inquiry: Uffculme Restricted Byway No.1 Modification Order 2006: confirmed (Page 90);

(vii) Inquiry: Upottery Footpath No. 20 Modification Order 2005 confirmed (Page 91);

(viii) Inquiry: Widworthy Footpath No. 7 Shute Footpath No. 8 directed Modification Order 2007 not confirmed (Page 92);

(ix) Judicial Review: Willesley, Milton Abbot status of unclassified road investigation - quashed (Page 93)

6. Modification Orders

The following Modification Orders have been confirmed:

(i) Braunton Footpath Nos. 83 84, attached (Page 94)

(ii) Uffculme Footpath No. 2, attached (Page 96)

7. Public Path Orders

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

Diversion Orders

(i) Axminster Footpath No. 42 - Diversion Order 2008 (Page 97);

(ii) Bere Ferrers Footpath No. 83 - Diversion Order 2008 (Page 98);

(iii) Bere Ferrers Footpath No. 85 - Diversion Order 2008 (Page 98);

(iv) Broadhempston Footpath No. 2 - Diversion Order 2007 (Page 99);

(v) Brushford Footpath Nos. 1, 2 3- Diversion Order 2008 (Page 100);

(vi) Churchstow Footpath No. 4 - Diversion Order 2008 (Page 101);

(vii) Huntshaw Footpath No. 1 - Diversion Order 2007 (Page 102);

(viii) Littleham Footpath No. 7 8 - Diversion Order 2006 (Page 103);

(ix) Lynton Footpath No. 42 - Diversion Order 2007 (Page 105);

(x) Milton Damerel Footpath No. 24 - Diversion Order 2007 (Page 106);

(xi) Sidmouth Footpath No. 18 - Diversion Order 2008 (Page 107);

(xii) Stokenham Footpath No. 14 - Diversion Order 2008 (Page 108);

(xiii) Uffculme Footpath No. 2 Diversion Order 2008 (Page 109).

(b) Creation Orders/Agreements

Shaldon Footpath No. 7 - Creation Agreement 2008 (Page 110).

(c) Secretary of State Determination

Otterton Bridleway Nos. 23 24 and Sidmouth Footpath Nos. 27, 28 168 - Diversion Order 2006 (Page ?) - Diversion Order 2006 - confirmed (Page 111).

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 (Vice-Chairman), 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.