Monday 1 March 2010

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. Apologies for Absence

2. Minutes of the meeting held on 9 November 2009 (Previously circulated).

3. 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

4. Devon Countryside Access Forum

Draft minutes of the meeting held on 9 February 2010 (TO FOLLOW)

5. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2009-2010

Parish of Bigbury

Report the Executive Director of Environment, Economy and Culture (EEC/10/28/HQ - text onlyEEC/10/28/HQ) (Page 7) and background papers sent separately. The report examines three suggestions arising from the Definitive Map Review in the Parish of Bigbury in the District of South Hams.

Electoral Division: Yealmpton

(ii) Definitive Map Review 2009-2010

Parish of Thurlestone

Report the Executive Director of Environment, Economy and Culture (EEC/10/29/HQ - text only | pdf EEC/10/29/HQ) (Page 29) and background papers sent separately. The report examines a suggestion arising from the Definitive Map Review in the Parish of Thurlestone in the District of South Hams.

Electoral Division: Thurlestone, Salcombe Allington

(iii) Definitive Map Review: Honiton

Claimed Footpath: Rosemount Lane Millers Way

Report the Executive Director of Environment, Economy and Culture (EEC/10/30/HQ - text only | pdf EEC/10/30/HQ) (Page 35). The report concerns a request made by Honiton Town Council that a route in that town in East Devon District, and having no official highway status, should be recorded as a public footpath.

Electoral Division: Honiton St Michael s

(iv) Definitive Map Review 2007-2010

Parish of Barnstaple Part 2

Report the Executive Director of Environment, Economy and Culture (EEC/10/31/HQ - text only | pdf EEC/10/31/HQ) (Page 38) and background papers sent separately. The report examines further the evidence for one of 10 routes considered in the Definitive Map Review for Barnstaple in North Devon and reported to the last Committee meeting.

Electoral Division: Barnstaple South

(v) Definitive Map Review 2008-2010

Parish of Sydenham Damerel

Report the Executive Director of Environment, Economy and Culture (EEC/10/32/HQ - text only | pdf EEC/10/32/HQ) (Page 54) and background papers sent separately. The report concerns the Definitive Map Review in the Parish of Sydenham Damerel.

Electoral Division: Tavistock

(vi) Definitive Map Review 2009-2010

Parish of Newton St Petrock

Report the Executive Director of Environment, Economy and Culture (EEC/10/33/HQ - text only | pdf EEC/10/33/HQ) (Page 65). The report examines the Definitive Map Review in the Parish of Newton St Petrock.

Electoral Division: Holsworthy Rural

(vii) Definitive Map Review 1996-2010

Parish of Culmstock (Part 1)

Report the Executive Director of Environment, Economy and Culture (EEC/10/34/HQ - text only | pdf EEC/10/34/HQ) (Page 68) and background papers sent separately. The report examines the first of seven suggestions arising from the Definitive Map Review in the parish of Culmstock in the district of Mid Devon.

Electoral Division: Willand Uffculme

(viii) Definitive Map Review

Parish of Thelbridge (Part 2)

Report the Executive Director of Environment, Economy and Culture (EEC/10/35/HQ - text only | pdf EEC/10/35/HQ) (Page 76) and background papers sent separately. The report examines the route referred to as Suggestion 2 arising out of the Definitive Map Review in Parish of Thelbridge.

Electoral Divisions: Newton St Cyres Sandford and South Molton Rural

(b) Schedule 14 Applications

(i) Definitive Map Review: Sidmouth

Claimed Footpath: Holmdale Mill Street

Report the Executive Director of Environment, Economy and Culture (EEC/10/36/HQ - text only | pdf EEC/10/36/HQ) (Page 93) and background papers sent separately. This report details investigation into a claim that a route in the town of Sidmouth in East Devon District, and having no official highway status, should be recorded as a public footpath.

Electoral Division: Sidmouth Sidford

(ii) Parish of Kingsbridge

Schedule 14 Application Addition of a Public Footpath along Crabshell Quay in Kingsbridge

Report the Executive Director of Environment, Economy and Culture (EEC/10/37/HQ - text only | pdf EEC/10/37/HQ) (Page 100) and background papers sent separately. This report relates to a Schedule 14 application, made by Kingsbridge Town Council on 18 July 2008, to record a footpath along Crabshell Quay (also known as New Quay) on the Kingsbridge estuary.

Electoral Division: Kingsbridge Stokenham

6. 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:

(a) Modification Orders

(i) Inquiry: Berrynarbor Footpath Nos. 28, 29 30 Definitive Map Modification Order 2008 not confirmed County Solicitor to report (Page 116)

(ii) Inquiry: Morchard Bishop Footpath No. 60 Definitive Map Modification Order 2006 confirmed (Page 117)

(iii) Inquiry: Morchard Bishop Footpath No. 61 Definitive Map Modification Order 2006 confirmed (Page 118)

(iv) Inquiry: Morchard Bishop Footpath No. 62 Definitive Map Modification Order 2006 confirmed (Page 119)

(b) Public Path Orders

(i) Written Representations: South Milton Footpath No. 12 Diversion Order 2008 confirmed (Page 120)

(ii) Informal Hearing: Stoodleigh Bridleway No. 8 Diversion Order 2008 confirmed (Page 121)

(iii) Written Representations: West Anstey Bridleway No. 5 Footpath No. 7 Diversion Order 2008 confirmed (Page 122)

7. Public Path Orders

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

(a) Diversion Orders

(i) Cornwood Footpath Nos. 25 26 - Diversion Order 2009 (Pages 123 124)

(ii) Lamerton Footpath No. 9 - Diversion Order 2009 (Page 125)

(iii) Lamerton Footpath No. 12 - Diversion Order 2009 (Page 126)

(iv) Luppitt Footpath No. 17 - Diversion Order 2009 (Page 127)

(v) Malborough Footpath No. 5 - Diversion Order 2009 (Page 128)

(vi) Malborough Footpath No. 14 - Diversion Order 2009 (Page 129)

(vii) Shaugh Prior Footpath Nos. 31 47 - Diversion Order 2009 (Pages 130 131)

(viii) Shaugh Prior Bridleway No. 44 - Diversion Order 2009 (Page 132)

(ix) Staverton Footpath No. 11 - Diversion Order 2009 (Page 133)

(x) Tavistock Footpath No. 5 - Diversion Order 2009 (Page 134)

(xi) West Down Footpath No. 16 Diversion Order 2009 (Page 135)

(b) Creation Orders/Agreements

(i) Newton Poppleford Harpford Footpath No. 21a - Creation Agreement 2009

(Page 136)

(ii) Braunton Footpath No. 31 Creation Order 2009 (Page 137)

(iii) Cornwood Bridleway No. 34 Creation Agreement 2008 (Page 138)

(iv) Cornwood Bridleway No. 35, Sparkwell Bridleway No. 36 Shaugh Prior

Bridleway No. 71 Creation Agreement 2008 (Pages 139 140)

(c) Extinguishment Orders

(i) Braunton Footpath No. 31 Extinguishment Order 2009 (Page 137)

(i) Shaugh Prior Footpath No. 31 - Extinguishment Order 2009 (Page 131)

(ii) Shaugh Prior Bridleway No. 41 - Extinguishment Order 2009 (Page 141)

(iii) West Alvington Footpath No. 3 - Extinguishment Order 2009 (Page 142)

8. Delegations: Schedule 14 Wildlife and Countryside Act 1981

County Solicitor to report.

Recommendation: that when a Schedule 14 application is received relating to a public right of way following an earlier determination by Committee under the general review, officers be authorised to determine that application in line with the Committee's previous decision unless the application is accompanied by substantially new and material evidence.

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.

Webcasting of Meetings

The proceedings of this meeting may be recorded for broadcasting on the internet via the County Council s website Information Devon . The whole of the meeting will be broadcast apart from any confidential items which may need to be considered in the absence of the press and public. For more information go to: http://www.devon.gov.uk/index/councildemocracy/decision_making/webcasting.htm