Present:-

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

Apologies

Councillor Fowler

In Attendance

Councillors Haywood, S Hughes, Lee and Sellis.

*PR/15 Minutes

The County Solicitor reported that in relation to Minute *PR/11(a)(iv) (Definitive Map Review, Parish of Hartland), the final sentence of the preamble stated that the Schedule 14 applications by the TRF were invalid. He was now of the opinion that this was not factually correct and although this did not materially affect the decision, asked that this sentence be deleted.

RESOLVED

(a) that the final sentence of the preamble of Minute *PR/11(a)(iv) (Definitive Map Review, Parish of Hartland), which stated that the Schedule 14 applications by the TRF were invalid, be deleted;

(b) that, subject to (a) above, the minutes of the meeting held on 9 November 2009 be signed as a correct record.

*PR/16 Devon Countryside Access Forum

The Executive Director of Environment, Economy and Culture reported on the meeting held on 9 February 2010, the minutes of which were noted.

*PR/17 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2009-2010

Parish of Bigbury

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/28/HQ - text onlyEEC/10/28/HQ) 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.

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

RESOLVED that in accordance with the recommendations set out in the report

(a) no Modification Order be made in respect of suggestions 1 1a;

(b) a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath (suggestion 2) between points F G H I G as shown on drawing no. EEC/PROW/09/119.

(ii) Definitive Map Review 2009-2010

Parish of Thurlestone

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/29/HQ - text only | pdf EEC/10/29/HQ) 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.

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

RESOLVED that, in accordance with the recommendation set out in the report, no Modification Order be made in respect of suggestion 6.

(iii) Definitive Map Review: Honiton

Claimed Footpath: Rosemount Lane Millers Way

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/30/HQ - text only | pdf EEC/10/30/HQ). 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.

It was MOVED by Councillor Diviani, SECONDED by Councillor Eastman and

RESOLVED that in accordance with the recommendation set out in the report a modification order be made to record a public footpath between Rosemount Lane and Millers Way in the town of Honiton, along the route shown on the attached drawing number EEC/PROW/10/13 between points A B.

(iv) Definitive Map Review 2007-2010

Parish of Barnstaple Part 2

(Councillor Colthorpe declared a prejudicial interest in this item by virtue of being related by marriage to a named path user and withdrew from the meeting during its consideration)

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

(Mrs Long and Mr Sherlock 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/10/31/HQ - text only | pdf EEC/10/31/HQ) 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, following submission of a Schedule 14 application with additional evidence.

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

RESOLVED that in accordance with the recommendation set out in the report a Modification Order be made in respect of Route 10, Prospect Place, to record on the Definitive Map and Statement a footpath between points R S shown on drawing number EEC/PROW/09/32 and that appropriate action be taken to remove the fence and gate obstructing public use of the route.

(v) Definitive Map Review 2008-2010

Parish of Sydenham Damerel

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

(Mr Pinwell and Mrs Harrap 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/10/32/HQ - text only | pdf EEC/10/32/HQ) and background papers sent separately. The report concerns the Definitive Map Review in the Parish of Sydenham Damerel.

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

RESOLVED that in accordance with the recommendation set out in the report a Modification Order be made to record a restricted byway regarding Suggestion 1 as shown on drawing ECC/PROW/09/95.

(vi) Definitive Map Review 2009-2010

Parish of Newton St Petrock

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

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

RESOLVED that in accordance with the recommendation set out in the report it be noted that the Definitive Map Review had been completed in the parish Newton St Petrock and no modifications were required.

(vii) Definitive Map Review 1996-2010

Parish of Culmstock (Part 1)

(Councillor Colthorpe declared a personal interest by virtue of her being known to a path user)

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

(Mr Garrett and Mrs Rudge 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/10/34/HQ - text only | pdf EEC/10/34/HQ) 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.

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

RESOLVED that in accordance with the recommendation set out in the report a Modification Order be made to modify the Definitive Map and Statement by upgrading Footpath No.1, Culmstock (part) to a public bridleway between points A - B as shown on drawing no. EEC/PROW/10/09.

(viii) Definitive Map Review

Parish of Thelbridge (Part 2)

(Councillor Colthorpe declared a prejudicial interest by virtue of her being well known to a path user 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 Forbes and Mr Charlton 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/10/35/HQ - text only | pdf EEC/10/35/HQ) 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.

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

RESOLVED that in accordance with the recommendation set out in the report no Modification Order be made in respect of Suggestion 2 Somerwell Lane.

(b) Schedule 14 Applications

(i) Definitive Map Review: Sidmouth

Claimed Footpath: Holmdale Mill Street

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

(Dr Tobias, Mr Gunn and Mr Matthews 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/10/36/HQ - text only | pdf EEC/10/36/HQ) 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.

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

RESOLVED that in accordance with the recommendation set out in the report a modification order be made to record a public footpath between Holmdale and Mill Street in the town of Sidmouth, along the route shown on the attached drawing number EEC/PROW/10/12 between points A B.

(ii) Parish of Kingsbridge

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

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/37/HQ - text only | pdf EEC/10/37/HQ) 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. The Executive Director of Environment, Economy and Culture reported that in response to consultation Councillor Brazil had supported the application.

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

RESOLVED that in accordance with the recommendation set out in the report a Modification Order be made to add a public footpath to the Definitive Map and Statement along the line A B C D E as shown on drawing EEC/PROW/08/74a.

*PR/18 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

The Committee noted that the following decisions and directions had 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. The County Solicitor reported on the reasons why the Inspector had not confirmed the Order.

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

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

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

(b) Public Path Orders

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

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

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

*PR/19 Public Path Orders

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

(a) Diversion Orders

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

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

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

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

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

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

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

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

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

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

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

(b) Creation Orders/Agreements

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

2009

(ii) Braunton Footpath No. 31 Creation Order 2009

(iii) Cornwood Bridleway No. 34 Creation Agreement 2008

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

Bridleway No. 71 Creation Agreement 2008

(c) Extinguishment Orders

(i) Braunton Footpath No. 31 Extinguishment Order 2009

(ii) Shaugh Prior Footpath No. 31 - Extinguishment Order 2009

(iii) Shaugh Prior Bridleway No. 41 - Extinguishment Order 2009

(iv) West Alvington Footpath No. 3 - Extinguishment Order 2009

*PR/20 Delegations: Schedule 14 Wildlife and Countryside Act 1981

The County Solicitor sought the Committee s agreement to officers being given delegated power to determine Schedule 14 applications under certain circumstances.

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

RESOLVED that when a Schedule 14 application is received relating to a claim 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.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 5pm

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