Present:-

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

In Attendance

Councillors Heywood, Gribble, Lee and Pennington

*PR/8 Minutes

RESOLVED that the minutes of the meeting held on 6 July 2009 be signed as a correct record.

*PR/9 Village Green, Lower Park, Shaldon

The County Solicitor reported that he had received an application for a Village Green at Lower Park, Shaldon and that, unless he received an instruction from the Committee to the contrary, he would determine in accordance with past practice. He went on to briefly describe the necessary evidence of 20 years of uninterrupted use required to make a successful claim.

*PR/10 Devon Countryside Access Forum

Mr Terry Faull, Chairman of the Devon Countryside Access Forum, made a presentation on the role of the Forum to improve public access to land for the purposes of open-air recreation and enjoyment. The Forum is an independent statutory body set up by the County Council under the Countryside and Rights of Way Act 2000.

*PR/11 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2007-2009

Parish of Barnstaple

(Councillor Haywood attended and spoke to this item in accordance with Standing Order 25(2)(a))

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

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/09/240/HQ - text only | pdf EEC/09/240/HQ) and background papers sent separately examining suggestions arising out of the Definitive Map review in the Town of Barnstaple and its surrounding former Borough area considered as a parish.

Councillor Haywood presented a petition from students of The Park School, Barnstaple in support of Route 10 being made a public right of way. The Director reported receipt of completed evidence forms from 18 people in respect of Route 10 since the report was written. It was felt that the evidence was now sufficient to advise Members that the recommendation in the report should be changed to make an order to record Prospect Place as a public footpath.

RESOLVED

(A) that no Modification Orders be made in respect of:

(1) Route 1, Schedule 14 application to record a Byway Open to All Traffic between points A-B shown on drawing number EEC/PROW/09/27, but the planning authorities be requested to secure public access on foot and bicycles as part of proposed development;

(2) Route 2, claimed footpath between points C-D shown on drawing number EEC/PROW/09/28, but the route be added to the list of maintainable highways as an adjoining footway;

(3) Routes 4, 5, 6, 7, 8 and 9, but consideration be given to recording them as public footpaths by Creation Agreements, or Creation Orders where landowners cannot be identified;

(4) Route 10, claimed footpath between points R - S shown on drawing EEC/PROW/09/32;

(B) that a Modification Order be made in respect of Route 3, to record on the Definitive Map and Statement a footpath between points E-F shown on drawing number EEC/PROW/09/29.

(ii) Definitive Map Review 2009

Parish of Thurlestone

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/09/241/HQ - text only | pdf EEC/09/241/HQ) and background papers sent separately examining four suggestions arising from the Definitive Map Review in the Parish of Thurlestone in the District of South Hams.

RESOLVED

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

(1) varying the particulars of Footpath No. 13, Thurlestone (suggestion 1) to record the footpath on the Map between points A-B as shown on drawing no. EEC/PROW/09/78, and as described in the Definitive Statement;

(2) varying the particulars of Footpath No. 4, Thurlestone (suggestion 3) to record the footpath on the Map between points E-F as shown on drawing no. EEC/PROW/09/80, and as described in the Statement;

(3) adding a public footpath (suggestion 4) between points E-G-H-J as shown on drawing no. EEC/PROW/09/80;

(B) No Modification Order be made in respect of suggestion 5.

(iii) Definitive Map Review 2007-2009

Parish of Lamerton

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

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/09/242/HQ - text only | pdf EEC/09/242/HQ) and background papers sent separately examining the Definitive Map Review in the parish of Lamerton in the district of West Devon.

RESOLVED

(A) that no order be made to record Proposal 1 as a public right of way;

(B) that no order be made to upgrade Footpath No. 17, Proposal 2, as a public bridleway.

(iv) Definitive Map Review 2008-2009

Parish of Hartland

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

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/09/243/HQ - text only | pdf EEC/09/243/HQ) and background papers sent separately examining the Definitive Map Review in the parish of Hartland in the district of Torridge The County Solicitor reported that the three Schedule 14 applications by the TRF were invalid and should therefore, not be determined, but the evidence could be considered under Schedule 15 as part of the general parish review.

RESOLVED that no modification orders be made arising from the Parish Review of Hartland.

(v) Definitive Map Review

Parish of Thelbridge (Part 1)

(Councillor Colthorpe declared a prejudicial interest in this item by virtue of being know to many of the participants involved and withdrew from the meeting during its consideration)

(Councillor Lee attended and spoke to this item in accordance with Standing Order 25(2)(a))

(Mr Kidner, Mr Charlton, Mr Preece, Mr Perkins, Mr Rottenbury and Mr Halstead attended and spoke to this item in accordance with the Council s public participation procedures).

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/09/244/HQ - text only | pdf EEC/09/244/HQ) and background papers sent separately examining the route referred to as Suggestion 1 arising out of the Definitive Map Review in the parish of Thelbridge in the district of Mid Devon.

RESOLVED that no modification order be made to add Westcott Lane shown on drawing no. ED/PROW/09/73 between points A-B-C-D to the Definitive Map and Statement.

(b) Schedule 14 Applications

(i) Parish of Culmstock

Schedule 14 Application Addition of a Byway Open to all Traffic along the Route known as Pitt Lane in Culmstock and Hemyock

(Councillor Diviani declared a personal interest by virtue of his Chairmanship of the Blackdown Hills AONB Committee)

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

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/09/245/HQ - text onlyEEC/09/245/HQ) and background papers sent separately relating to a Schedule 14 Application made by the Trail Riders Fellowship (TRF) to add a Byway Open to all Traffic (BOAT) along a route known as Pitt Lane in the Parishes of Culmstock and Hemyock.

RESOLVED that no Order be made to add a public bridleway to the Definitive Map and Statement along the line A-B as shown on plan ED/PROW/09/108.

[Note: In accordance with Standing Order 32(4) Councillor Colthorpe requested that her abstention from voting on this decision be recorded]

(ii) Definitive Map Review: Bovey Tracey

Claimed Bridleway: Part of Former Teign Valley Railway

(Councillor Gribble attended and spoke to this item in accordance with Standing Order 25(2)(a))

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

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/09/246/HQ - text onlyEEC/09/246/HQ). This report is in addition to that made to Members at the last Meeting, as it was then felt that a site meeting would be a useful preliminary to any decision. The Director updated the Committee on recent developments subsequent to the site visit.

RESOLVED that the conclusion of Members who attended a site meeting be noted and that the schedule 14 application be rejected and no Order be made for 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 drawing number EEC/PROW/09/64 between points A-B.

*PR/12 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) Footpath Nos. 12, Offwell and 7 Monkton Definitive Map Modification Order 2008 Order not confirmed.

(b) Byway Open to All Traffic No. 7 Rattery (Willing Lane), Definitive Map Modification Order 2008 Order not confirmed.

(Councillor Pennington attended and spoke to the Rattery item in accordance with

Standing Order 25(2)(a))

County Solicitor reported on the Public Inquiry and the Inspector s decision not to confirm the Order. However, the route in question was still shown as a public highway on County Council records and the Committee was requested to agree a resolution to correct this anomaly.

RESOLVED

(a) that route A to C on drawing number ED/PROW/08/34 and shown as a highway on County Council records be removed as a highway with the exception of that section of the route from A to the entrance to the last property along the route;

(b) that the Chief Executive advise Councillor Pennington of the cost to the County Council of the Public Inquiry.

*PR/13 Modification Orders

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

(i) Braunton Footpath No. 1 Heanton Punchardon Footpath No. 24 Modification Order 2009

(ii) Brentor Footpath No. 4 - Modification Order 2009

(iii) Copplestone Footpath No 54 Modification Order 2009

(iv) Milton Abbot Footpath No. 13 - Modification Order 2009

(v) Milton Abbot Restricted Byway No. 14 - Modification Order 2009

*PR/14 Public Path Orders and Agreements

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

(a) Diversion Orders

(i) Bere Ferrers Footpath No. 89 - Diversion Order 2009

(ii) Bondleigh Footpath No. 4 and Winkleigh Footpath No. 27 Diversion Order 2009

(iii) Chawleigh Footpath No. 3 - Diversion Order 2009

(iv) Coldridge Bridleway No. 9 and Footpath No. 23 Diversion Order 2009

(v) Colyton Footpath Nos. 7 8 Diversion Order 2009

(vi) Highampton Footpath No. 5 - Diversion Order 2008

(vii) Highampton Footpath No. 9 - Diversion Order 2008

(viii) Lamerton Footpath No 1 Diversion Order 2009

(b) Creation Orders/Agreements

(i) Coldridge Bridleway No. 9 and Footpath No. 23 Creation Agreement

(ii) South Huish Footpath Nos. 12a 22 and South Milton Footpath No. 9 Creation Order 2009

(iii) Sourton Bridleway No. 39 Creation Agreement

(c) Extinguishment Order

South Huish Footpath No. 12a South Milton Footpath No. 9 Extinguishment Order 2009

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 5.20pm

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