Monday 6 July 2009

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. Members Induction

2. Apologies for Absence

3. Minutes of the meeting held on 2 March 2009 (Previously circulated).

4. 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

5. Devon Countryside Access Forum

Executive Director of Environment, Economy and Culture to report on the meeting held on 24 April 2009; minutes attached (Page 5).

6. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-2009

Parish of Braunton (Part 6)

Report the Executive Director of Environment, Economy and Culture (EEC/09/138/HQ - text only | pdf EEC/09/138/HQ) (Page 14) and background papers sent separately. The report examines an additional claim arising out of the Definitive Map Review in the parish of Braunton.

Electoral Division: Braunton Rural

(ii) Definitive Map Review 2008-2009

Parish of South Milton

Report the Executive Director of Environment, Economy and Culture (EEC/09/139/HQ - text only | pdf EEC/09/139/HQ) (Page 24). The report examines the Definitive Map Review in the Parish of South Milton in the District of South Hams

Electoral Division: Thurlestone, Salcombe Allington

(iii) Definitive Map Review 2008-2009

Parish of Clovelly

Report the Executive Director of Environment, Economy and Culture (EEC/09/140/HQ) (Page 26). The report examines the Definitive Map Review in the parish of Clovelly.

Electoral Division: Bideford South Hartland

(b) Schedule 14 Application

Definitive Map Review: Bovey Tracey

Claimed Bridleway: Part of Former Teign Valley Railway

Report the Executive Director of Environment, Economy and Culture (EEC/09/141/HQ - text onlyEEC/09/141/HQ) (Page 28). The report details investigations into a claim that a route near the A38 in the parish of Bovey Tracey in Teignbridge District, having no official highway status, should be recorded as a public bridleway.

Electoral Division: Bovey Tracey 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) Direction: Moor lane, Braunton Heanton Punchardon: Appeal against refusal to make Orders in respect of claims in parishes of Braunton and Heanton Punchardon.

To note that the appeal was dismissed in respect of the claimed upgrade of Footpath No. 39 to Byway Open to All Traffic or Restricted Byway. It was however upheld in respect of the claimed addition of a Byway Open to All Traffic on Moor Lane with a direction to make an Order to add a Restricted Byway.

Recommendation: that a Modification Order be made to add a Restricted Byway from near Pippacott Farm, Braunton along Moor Lane to Waterlake Lane, Heanton Punchardon, between points W X on drawing number ED/PROW/06/118 (Page 34).

(ii) Inquiry: Malborough Footpath No. 31 - Modification Order 2007: Order confirmed (Page 35)

8. Modification Orders

The following Modification Orders have been confirmed:

(i) Brentor Restricted Byway No. 14 - Modification Order 2008 (Page 36)

(ii) Colebrooke Bridleway No. 24 Modification Order 2009 (Page 37)

(iii) South Huish Footpath No. 23 24 - Modification Order 2009 (Page 38)

(iv) South Huish Footpath No. 26 - Modification Order 2009 (Page 39)

9. Public Path Orders

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

(a) Diversion Orders

(i) Beaworthy Bridleway Nos. 53, 54 58 and Northlew Bridleway No. 38 - Diversion Order 2007 (Pages 40, 41, 42 and 43)

(ii) Lamerton Footpath No. 9 - Diversion Order 2008 (Page 44)

(iii) Loxbeare Bridleway No. 2 - Diversion Order 2008 (Page 45)

(iv) Salcombe Footpath No. 2 - Diversion Order 2008 (Page 46)

(v) Uffculme Footpath No. 2 - Diversion Order 2008 (Page 47)

(b) Creation Orders/Agreements

(i) Beaworthy Bridleway No. 12 - Creation Order 2007 (Pages 48 and 49)

(ii) Beaworthy Footpath No. 13 Bridleway No. 14 - Creation Order 2007 (Pages 50 and 51)

(iii) Exbourne Footpath No. 5 Restricted Byway No. 2 Creation Agreement 2007 (Page 52)

(iv) Okehampton Hamlets Bridleway No. 51 - - Creation Agreement 2007 (Page 53)

(v) Southleigh Bridleway No. 20 - Creation Agreement 2009 (Page 54)

(c) Extinguishment Order

Beaworthy Bridleway No. 3 - Extinguishment Order 2007 (Pages 55 and 56)

(d) Public Inquiry and Written Representation Decisions

The following decision has been received from the Secretary of State:

(i) Inquiry: Newton Abbot Footpath No. 39 - Diversion Order 2008 order confirmed (Page 57)

(ii) Inquiry: South Tawton Bridleway No. 57 - Diversion Order 2008 order confirmed (Page 58)

(iii) Written Representations: West Anstey Bridleway No. 1 - Diversion Order 2008 order confirmed (Page 59)

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 Sanders (Chairman), Bowden (Vice-Chairman), Brook, Colthorpe, Diviani, Eastman, Hawkins, Fowler and Taylor

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.