Present:-

Councillors Sanders (Chairman), Bowden, Brook, Colthorpe and Hawkins

Apologies

Councillors Diviani, Eastman, Fowler and Taylor

In Attendance

Councillor S Hughes

*PR/1 Members Induction

Members received an induction presentation on the work of the Committee which included a brief introduction to Devon s natural landscape and the length and type of public rights of way in Devon, the County Council s duties and powers in relation to those rights of way, the Devon Local Access Forum and the Parish Paths Partnership (or P3), and publicity and promotion via leaflets and internet access to information. The presentation concluded with a brief outline of the terms of reference of the Committee itself, the Definitive Map and how the Committee deals with public path orders.

Members asked questions and made comments in relation to the definition of ease of use , reinstatement of old railway lines, electronic monitoring of use, access to beaches, parish co-ordinators and the P3, and the mechanism for establishing a public right of way on the Definitive Map.

*PR/2 Minutes

RESOLVED that the minutes of the meeting held on 2 March 2009 be signed as a correct record.

*PR/3 Devon Countryside Access Forum

Executive Director of Environment, Economy and Culture reported on the meeting held on 24 April 2009 and agreed to bring a report to a future meeting on contractors used by the County Council for the erection of stiles.

*PR/4 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-2009

Parish of Braunton (Part 6)

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/09/138/HQ - text only | pdf EEC/09/138/HQ) and background papers examining an additional claim arising out of the Definitive Map Review in the Parish of Braunton.

It was MOVED by Councillor Sanders, SECONDED by Councillor Hawkins and

RESOLVED that no Modification Order be made in respect of the claim for Route 16, to record a footpath from Rock Hill to Footpath No. 25, between points A B shown on drawing number ED/PROW/08/99, but the continuation of North Street between points A C be added to the records of maintainable highways as a public road.

(ii) Definitive Map Review 2008-2009

Parish of South Milton

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

The Committee noted that the Definitive Map Review had been completed in the parish of South Milton and no modifications were required.

(iii) Definitive Map Review 2008-2009

Parish of Clovelly

The Committee received the report the Executive Director of Environment, Economy and Culture (EEC/09/140/HQ) examining the Definitive Map Review in the Parish of Clovelly.

The Committee noted that the Definitive Map Review had been completed in the parish of Clovelly and no modifications were required.

(b) Schedule 14 Application

Definitive Map Review: Bovey Tracey

Claimed Bridleway: Part of Former Teign Valley Railway

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/09/141/HQ - text onlyEEC/09/141/HQ) detailing 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.

It was MOVED by Councillor Sanders, SECONDED by Councillor Brook and

RESOLVED that Members hold a site inspection, to assist in determining whether a modification order be made to add a public right of way between the minor county road (former UCR 1139) at Heathfield and county road (C90) on Knighton Heath in the parish of Bovey Tracey, as shown on the attached drawing number EEC/PROW/09/64 between points A B.

*PR/5 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:

(a) Direction: Moor lane, Braunton Heanton Punchardon: Appeal against refusal to make Orders in respect of claims in parishes of Braunton and Heanton Punchardon.

Members noted 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.

It was MOVED by Councillor Sanders, SECONDED by Councillor Bowden and

RESOLVED 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

(b) Inquiry: Malborough Footpath No. 31 - Modification Order 2007: Order confirmed

*PR/6 Modification Orders

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

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

(ii) Colebrooke Bridleway No. 24 Modification Order 2009;

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

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

*PR/7 Public Path Orders

(Councillor Colthorpe declared a personal interest in the Diversion of Loxbeare Bridleway No. 2 (Item (a)(iii)) as a resident in vicinity of the Bridleway was know to her)

The Committee noted the following Public Path Orders which had 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;

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

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

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

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

(b) Creation Orders/Agreements

(i) Beaworthy Bridleway No. 12 - Creation Order 2007;

(ii) Beaworthy Footpath No. 13 Bridleway No. 14 - Creation Order 2007;

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

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

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

(c) Extinguishment Order

Beaworthy Bridleway No. 3 - Extinguishment Order 2007.

(d) Public Inquiry and Written Representation Decisions

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

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

(ii) Inquiry: South Tawton Bridleway No. 57 - Diversion Order 2008 Order

confirmed;

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

Order confirmed.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 4pm

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