Present:-

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

and Taylor

Apologies

Councillor Hawkins

*PR/21 Minutes

RESOLVED that the minutes of the meeting held on 1 March 2010 be signed as a correct record.

*PR/22 Devon Countryside Access Forum (DCAF)

The Executive Director of Environment, Economy and Culture reported on the meeting held on 22 April 2010, the draft minutes of which were noted. It was reported that a letter from Mr Robbins, Chairman of the DCAF, regarding representation on the Forum, would be sent to Members of the Committee for comment before any action taken.

*PR/23 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review: Honiton

Claimed Footpaths: Combehayes, Gardeners and Magpie Lanes

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/10/96/HQ - text only | pdf EEC/10/96/HQ) and background papers sent separately. The report detailed 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. Since publication of the report letters had been received from the Ramblers Association and Honiton Town Council.

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

RESOLVED that a modification order be made to record a public footpath along part of Gardeners Lane and the whole of Magpie Lane near the town of Honiton, as shown on drawing number EEC/PROW/10/44 between points C E F.

(ii) Definitive Map Review

Parish of Bradworthy

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/10/97/HQ - text only | pdf EEC/10/97/HQ) and background papers sent separately. The report dealt 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.

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

RESOLVED that no Modification Order be made in respect of the Schedule 14 Application submitted by the Trail Riders Fellowship to upgrade Bridleway No. 14, Bradworthy to a byway open to all traffic.

(iii) Definitive Map Review 2006-2010

Parish of Colebrooke

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

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

RESOLVED that an application be made under Section 116 of the Highways Act 1980 to the Magistrates Court for the extinguishment of the section of Footpath No. 7, Colebrooke between points H and D as shown on drawing number ED/PROW/10/03a.

(b) Schedule 14 Application

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) and background papers sent separately. The 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.

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

RESOLVED that a modification order be made to add a public footpath to the Definitive Map and Statement along the line A - B as shown on plan ED/PROW/10/43.

*PR/24 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) Written Representations: Morchard Bishop Footpath No. 64 - Modification Order 2006 confirmed.

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

The Committee noted that an appeal against the County Council s refusal to make an Order to upgrade recorded bridleways on Hannaburrow Lane, Braunton and Hole Lane, Georgeham had been upheld. The Secretary of State had directed the County Council to make an Order accordingly.

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

RESOLVED 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

The Committee noted that an appeal against the County Council s refusal to make an Order to record a footpath running to the east of Five Fords Farm had been upheld. The Secretary of State directed the County Council to make an Order accordingly.

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

RESOLVED 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

The Committee noted that an application to the High Court brought by Mr and Mrs Kotarski, landowners, seeking to overturn an Inspector s decision had 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 was attached to the agenda.

(b) Public Path Orders

The Committee noted the following decisions:

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

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

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

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

*PR/25 Public Path Orders

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

(a) Diversion Orders

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

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

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

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

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

(vi) Thelbridge Footpath No. 11 and Witheridge Footpath No. 16 Diversion

Order 2009.

(b) Creation Orders/Agreements

South Milton Footpath No. 4 - Creation Order 2009.

(c) Extinguishment Orders

South Milton Footpath No. 4 - Extinguishment Order 2009.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 2.43pm

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