Present:-

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

*PR/93 Minutes

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

*PR/94 Devon Countryside Access Forum

Executive Director of Environment, Economy and Culture reported on the meeting held on 13 February 2009.

*PR/95 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-09

Parish of Braunton (Part 5)

(Mrs O Hanlon, Mrs Farrelly, Mrs Meek and Mr Howes attended and spoke to this item in accordance with the Council s public participation procedures)

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/09/35/HQ - text only | pdf EEC/09/35/HQ) examining claims from applications arising out of the Definitive Map Review in the parish of Braunton and Georgeham, together with the relevant background papers and a copy of an email from Councillor Jenkins, the local Member.

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

RESOLVED

(A) that no Modification Order be made in respect of Route 6 to upgrade Bridleway No. 18, Braunton on Hannaburrow Lane and Bridleway No. 6, Georgeham on Hole Lane to Restricted Byway, between points L M N shown on drawing number ED/PROW/06/114;

(B) that an amendment be made to Bridleway No. 6 to correct its recorded line on Hole Lane at point X.

(ii) Definitive Map Review 2005/09

Parish of Milton Abbot

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/09/36/HQ - text only | pdf EEC/09/36/HQ) on the Definitive Map Review in the Parish of Milton Abbot, together with the relevant background papers.

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

RESOLVED

(A) that a Modification Order be made to record a footpath in Milton Abbot village (Proposal 1) as shown on drawing ED/PROW/06/181;

(B) that a Modification Order be made to record a restricted byway along Gypsy Lane (Proposal 3) as shown on drawing ED/PROW/06/183;

(C) that no Modification Order be made in respect of Proposal 4.

(iii) Definitive Map Review 2007-2009

Parish of Heanton Punchard Route 2

(Councillor Cann declared a prejudicial interest in this item by virtue of being known to the landowner, and left the room during its consideration)

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

The Committee considered the report by the Executive Director of Environment, Economy and Culture (EEC/09/37/HQ - text only | pdf EEC/09/37/HQ) on further evidence for one of four proposals for suggested changes arising out of the Definitive Map Review in the Parish of Heanton Punchardon in North Devon, considered at the last Committee meeting. The Committee also considered the relevant background papers.

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

RESOLVED that a Modification Order be made in respect of Route 2, to add a footpath between points C D shown on drawing number ED/PROW/08/29, Mill Lane, from Heanton Hill to Footpath No. 3 near Heanton Mill, deferred from the previous committee meeting and following the submission of further user evidence.

(iv) Definitive Map Review 2008/09

Parish of Welcombe

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/09/38/HQ - text only | pdf | supplementary information EEC/09/38/HQ) on the Definitive Map Review in the parish of Welcombe.

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

RESOLVED that it be noted that the Definitive Map Review had been completed in the parish of Welcombe and no modifications were required.

(v) Definitive Map Review 1996-2009

Parish of Colebrooke

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

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/09/39/HQ - text only | pdf EEC/09/39/HQ) on the Definitive Map Review in the Parish of Colebrooke.

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

RESOLVED that following the Committee's resolution at the meeting of the 4 March 2008 for a Modification order to be made adding a restricted byway along Butsford Lane, Colebrooke along the line H B F, the Committee noted the landowner s confirmation that he would dedicate a restricted byway along Butsford Lane along the line A B F by means of a Creation Agreement under section 25 of the Highways Act 1980, as indicated on drawing number ED/PROW/09/07a.

(b) Schedule 14 Application

Definitive Map Review: Vixen Tor, Whitchurch

(Councillor Hosking declared a prejudicial interest in this item by virtue of submitting a user evidence form in support of the applications for access to Vixen Tor and withdrew from the meeting during its consideration)

(Mr Skinner and Mr James 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/09/40/HQ - text only | pdf EEC/09/40/HQ) on the Schedule 14 applications for four footpaths across the Vixen Tor enclosure in the parish of Whitchurch, together with the relevant background papers.

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

RESOLVED

(i) that a Modification Order be made to modify the Definitive Map and Statement by the addition of a footpath from Whitchurch Footpath No. 13 to Sampford Spiney Footpath No. 5a via Vixen Tor between points V W X Y Z, as shown in drawing number ED/PROW/08/42A (re-alignment of Route A linked to Route B), and if there are no objections to the Order, or if such objections are subsequently withdrawn, it be confirmed;

(ii) that no Order be made in respect of Routes C or D.

(c) Unclassified County Road (UCR) 175, Bere Ferrers

The Committee considered the joint report of the County Solicitor and the Executive Director of Environment, Economy and Culture (EEC/09/41/HQ - text only | pdf EEC/09/41/HQ) on an anomaly regarding two sections of highway in the parish of Bere Ferrers, together with background papers.

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

RESOLVED that this item be deferred to allow further discussion with the landowner.

*PR/96 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

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

(a) Direction: Appeals against refusal to make orders in respect of claims in parishes of Upottery, Cotleigh and Yarccombe, Farway and Southleigh. 17 appeals had been dismissed, but 12 appeals have been upheld and orders are required to be made;

(b) Inquiry: Bishopsteignton Bridleway No. 16 Definitive Map Modification Order 2008 not confirmed;

(c) Written Representations: Okehampton Hamlets Bridleway No. 2 Definitive Map Modification Order 2006 not confirmed.

*PR/97 Modification Orders

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

(a) Colebrooke Footpath No. 20 Definitive Map Modification Order 2008;

(b) Colebrooke Byway Open To All Traffic No. 21 Definitive Map Modification Order

2008;

(c) Lifton Restricted Byway No. 14 Definitive Map Modification Order 2008;

(d) Okehampton Bridleway No. 48 Definitive Map Modification Order 2008.

*PR/98 Public Path Orders

(a) Diversion Orders

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

(i) Bere Ferrers Footpath No. 20 - Diversion Order 2008;

(ii) Exeter Footpath No. 15 - Diversion Order 2008;

(iii) Exmouth Footpath No. 5 - Diversion Order 2008;

(iv) Hartland Footpath Nos. 13, 50 65 Diversion Order 2008;

(v) Kentisbeare Footpath No. 2 Diversion Order 2007;

(vi) Morchard Bishop Footpath No. 27 Diversion Order;

(vii) Mortehoe Footpath No. 3 - Diversion Order 2008;

(viii) Rose Ash Bridleway No. 2 Diversion Order 2007.

(b) Public Inquiry, Decision

The Committee noted that the following decision had been received from the Secretary of State:

Exbourne Footpath No. 1 Diversion Order 2007 (Page 94) not confirmed (apart from minor section).

*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:-