Monday 7 June 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 1 March 2010 (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 22April 2010 (Page 6).

5. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review: Honiton

Claimed Footpaths: Combehayes, Gardeners and Magpie Lanes

Report the Executive Director of Environment, Economy and Culture (EEC/10/96/HQ - text only | pdf EEC/10/96/HQ) (Page 13) and background papers sent separately. The report details the investigation into claims that three interlinked routes on the southern edge of the town of Honiton in East Devon District, and having no official highway status, should be recorded as public footpaths.

Electoral Division: Honiton St Michael s

(ii) Definitive Map Review

Parish of Bradworthy

Report the Executive Director of Environment, Economy and Culture (EEC/10/97/HQ - text only | pdf EEC/10/97/HQ) (Page 19) and background papers sent separately. The report deals with the Definitive Map Review in the parish of Bradworthy in Torridge and a Schedule 14 application made by the Trail Riders Fellowship (TRF) to upgrade Bridleway No. 14 to a byway open to all traffic.

Electoral Division: Bideford South Hartland

(iii) Definitive Map Review 2006-2010

Parish of Colebrooke

Report the Executive Director of Environment, Economy and Culture (EEC/10/98/HQ - text only | pdf EEC/10/98/HQ) (Page 25) and background papers sent separately. The report seeks approval for an application to the Magistrates Court for the extinguishment of part of Footpath No. 7, Colebrooke which, if successful, will result in the creation of a new bridleway and footpath.

Electoral Division: Crediton Rural

(b) Schedule 14 Applications

Claimed Footpath between Peter Street and Back Street, Bradninch

Report the Executive Director of Environment, Economy and Culture (EEC/10/99/HQ - text only | pdf EEC/10/99/HQ) (Page 29) and background papers sent separately. This report relates to a Schedule 14 Application made by Bradninch Town Council to record a public footpath from Peter Street to Back Street adjacent to the Gospel Hall in Bradninch.

Electoral Division: Cullompton Rural

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) Written Representations: Morchard Bishop Footpath No. 64 - Modification Order 2006 confirmed (Page 37).

(ii) Direction to publish Modification Order: upgrading of recorded bridleways on Hannaburrow Lane, Braunton and Hole Lane, Georgeham to Restricted Byways. (Page 38).

An appeal against the County Council s refusal to make an Order to upgrade recorded bridleways on Hannaburrow Lane, Braunton and Hole Lane, Georgeham has been upheld. The Secretary of State has directed the County Council to make an order as detailed below:

Recommendation: that a Modification Order be made to upgrade Bridleway No. 18, Braunton on Hannaburrow Lane and Bridleway No. 6, Georgeham on Hole Lane to Restricted Byway, between points L M N shown on drawing number ED/PROW/06/114, with an amendment to its recorded line on Hole Lane at point X.

(iii) Direction to publish Modification Order: Footpath east of Five Fords Farm, Uffculme. (Page 39).

An appeal against the County Council s refusal to make an Order to record a footpath running to the east of Five Fords Farm has been upheld. The Secretary of State has directed the County Council to make an order as detailed below:

Recommendation: that a Modification Order be made to add a footpath between points A and B shown on drawing number ED/PROW/08/81.

(iv) High Court: Woolfardisworthy Footpath No. 7

An application to the High Court brought by Mr and Mrs Kotarski, landowners, seeking to overturn an Inspector s decision has been dismissed. The decision to confirm an order made by Devon County Council to add a spur to Footpath No. 7, Woolfardisworthy to the Definitive Map was made following a public inquiry in 2008. The spur was described in the Definitive Statement but was omitted from the Definitive Map. The order was made to address the anomaly. The full judgement is attached (Page 40).

(b) Public Path Orders

(i) Inquiry: Bridford Bridleway No. 11 Footpath No. 12 Diversion Order 2008 and Footpath No. 7 Extinguishment Order 2008 not confirmed (Page 50).

(ii) Written Representations: Luppitt Footpath Nos. 23 24 and Upottery Footpath No. 3 - Diversion Order 2008 confirmed (Page 53).

(iii) Written Representations: West Anstey Bridleway No. 5 Footpath No. 7 - Diversion Order 2008 confirmed (Page 54).

(iv) Written Representations: Thurlestone Footpath Nos 3, 16 19 - Diversion Order 2010 (Page 55).

7. Public Path Orders

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

(a) Diversion Orders

(i) Brendon Bridleway No. 2 - Diversion Order 2010 (Page 57).

(ii) Chawleigh Bridleway No. 9 - Diversion Order 2009 (Page 58).

(iii) South Milton Footpath No. 3 - Diversion Order 2009 (Page 59).

(iv) Stokenham Footpath No. 10 - Diversion Order 2009 (Page 60).

(v) Talaton Footpath No. 2 - Diversion Order 2009 (Page 61).

(vi) Thelbridge Footpath No. 11 and Witheridge Footpath No. 16 - Diversion Order 2009 (Page 62).

(b) Creation Orders/Agreements

South Milton Footpath No. 4 - Creation Order 2009 (Page 63).

(c) Extinguishment Orders

South Milton Footpath No. 4 - Extinguishment Order 2009 (Page 64).

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 382255.

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