Present:-

Councillors Tucker (Chairman), Brock, Cann and Turner

Apologies:-

Councillors Hawkins, Hosking and Shadrick

*PR/87 Minutes

RESOLVED that the minutes of the meeting held on 10 June 2008 be signed as a correct record.

*PR/88 Urgent Items

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

The Chairman had decided that the Committee should consider the following items as matters of urgency to allow the Committee to be kept informed of developments:-

(a) Parish Path Partnership Christmas Workshops

Members were reminded that they were welcome to attend one of three Parish Path Partnership Christmas Workshops in November and December, details of which were provided at the meeting.

(b) Devon Countryside Access Forum

Devon Countryside Access Forum minutes of the meeting held on 15 October 2008 were received and noted.

(c) Thorndon Cross Bridleway Creation Phase I

The Committee noted the agreement of Landowner to the route and that Phase I of the works were under way.

*PR/89 Definitive Map Review

(a) Parish Reviews

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

(Mrs Joan Long attended and spoke to this item in accordance with the Council s public participation procedures).

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/08/269/HQ - text only | pdf EEC/08/269/HQ) on suggestions arising from the Definitive Map Review in the Parish of Heanton Punchardon, North Devon, together with the relevant background papers.

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

RESOLVED

(A) that subject to consultations with North Devon District and Heanton Punchardon Parish Councils a Modification Order be made in respect of Route 1, to record on the Definitive Map and Statement a footpath from the recorded end of Footpath No 1, Braunton along the flood bank to Bue Weir, between points A-B shown on drawing number ED/PROW/08/28; and

(B) that Modification Orders be not made in respect of:

(1) Route 3, Footpath No 6 from Eastcombe Lane to Footpath No 35 Braunton on the Knowl Water river as shown on drawing number ED/PROW/08/30 but that the landowners be approached with respect to diversions between points E-F and G-H; and

(2) Route 4, from Eastacombe Lane to St Augustine s churchyard, between points J-K shown on drawing number ED/PROW/08/31;

(C) that a decision regarding Modification Order for Route 2, Mill Lane from Heanton Hill to Footpath No 3 near Heanton Mill between points C-D shown on drawing number ED/PROW/08/29, be deferred to the next meeting of this Committee to allow additional time to gather evidence of use.

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

The Committee considered the 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, together with the relevant background papers.

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

RESOLVED

(A) that a Modification Order be made to modify the Definitive Map and Statement by adding a public bridleway from Penstone via Lower Combe Lane to Lower Combe and then to the county road between Coleford and Crediton (suggestion 6, Lower Coombe Lane) between points A-B-C-D, as shown on drawing number ED/PROW/07/43;

(B) that, subject to confirmation of the above Order and at the landowners request, the section of the bridleway between points C-D be diverted by means of a Public Path Diversion Order on to the new headland access track at no cost to the landowner.

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

The Committee considered the 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, together with the relevant background papers.

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

RESOLVED

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

(1) adding a public footpath (Route 1) between points A-B as shown on drawing number ED/PROW/08/18;

(2) adding a public footpath (Route 5) between points L-M-N as shown on drawing number ED/PROW/08/21;

(B) that Modification Orders be not made in respect of Routes 4 and 6 as shown on drawing numbers ED/PROW/08/20a and ED/PROW/08/21.

(b) Schedule 14 Applications

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

(Mrs Simmons attended and spoke to this item in accordance with the Council s public participation procedures).

The Committee considered the 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, together with the relevant background papers.

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

RESOLVED that a Modification Order be made to add a public bridleway over a route between the county road (C47) and the minor county road (UCR 1378) in the village of Combeinteighead and the parish of Haccombe with Combe between points A-B shown on drawing number ED/PROW/08/89.

(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

The Committee considered the 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, together with the relevant background papers.

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

RESOLVED

(A) that a Modification Order be not made in respect of a footpath along the route A-B as shown on drawing number ED/PROW/08/81;

(B) that the Chairman meet with the Public Rights of Way Manager to review arrangements for involving local Members and report back to the next meeting of this Committee.

*PR/90 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

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

(i) Inquiry: Bishops Tawton Footpath Nos. 17 19 Modification Order 2006 confirmed;

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

(iii) Informal Hearing: Northleigh Footpath No. 7 Modification Order 2005 confirmed;

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

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

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

(vii) Informal Hearing: Upottery Footpath No. 20 Modification Order 2005 confirmed;

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

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

*PR/91 Modification Orders

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

(i) Braunton Footpath Nos. 83 84; and

(ii) Uffculme Footpath No. 2.

*PR/92 Public Path Orders

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee also noted that the Shaldon Footpath No. 7 Creation Agreement 2008 had now been made and the Secretary of State had confirmed the Otterton Bridleway Nos. 23 24 and Sidmouth Footpath Nos. 27, 28 168 - Diversion Order 2006

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.30pm

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