Monday 8 November 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 7 June 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

(a) Minutes.

Draft minutes of the meeting held on 7 October 2010 (Page 6).

(b) Membership

Report of the action of the Chairman, in accordance with paragraph 12 of the Scheme of Delegation as set out in Part 3 of the Council's Constitution, in recommending the Cabinet not to approve an increase in the size of the Forum to accommodate an additional landowner representative.

[NB: This recommendation was subsequently approved by the Cabinet on 13 October 2010, Minute 252(c)]

5. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 1995 2006: Parish of Tawstock

Joint report of the County Solicitor and Executive Director of Environment, Economy and Culture (EEC/10/196/HQ - text only | pdf | supplementary information EEC/10/196/HQ) on a dispute relating to the status of a road at Hollick in the parish of Tawstock (Page 14) (Relevant background papers made available separately).

Electoral Division: Chulmleigh Swimbridge

(ii) Definitive Map Review: Honiton - Claimed footpaths: Loop Road at Stout Farm and Extensions to Fish Lane

Report of the Executive Director of Environment, Economy and Culture (EEC/10/197/HQ - text only | pdf EEC/10/197/HQ) on a claim that certain interlinked lanes and cross-field routes in countryside to the south of the town of Honiton in East Devon District, and having no official status as county roads or public rights of way, should be recorded as public footpaths (Page 27) (Relevant background papers made available separately).

Electoral Division: Honiton St Michael s

(iii) Definitive Map Review 2010 - Parish of Kingston

Report of the Executive Director of Environment, Economy and Culture (EEC/10/198/HQ - text only | pdf EEC/10/198/HQ) on the Definitive Map review in the Parish of Kingston in the District of South Hams (Page 32).

Electoral Division: Yealmpton

(iv) Definitive Map Review 2010 - Parish of Ringmore

Report of the Executive Director of Environment, Economy and Culture (EEC/10/199/HQ - text only | pdf EEC/10/199/HQ) on the Definitive Map review in the Parish of Ringmore in the District of South Hams (Page 35) (Relevant background papers made available separately).

Electoral Division: Yealmpton

(v) Definitive Map Review - Parish of Washford Pyne

Report of the Executive Director of Environment, Economy and Culture (EEC/10/200/HQ - text only | pdf EEC/10/200/HQ) on a proposed route (Suggestion 1) arising from the Definitive Map Review in the Parish of Washford Pyne (Page 38) (Relevant background papers made available separately).

Electoral Division: Newton St Cyres Sandford

(vi) Definitive Map Review 2009-2010 - Parish of Culmstock (Part 2)

Report of the Executive Director of Environment, Economy and Culture (EEC/10/201/HQ - text only | pdf EEC/10/201/HQ) on the second of seven suggestions arising from the Definitive Map Review in the Parish of Culmstock in the District of Mid Devon (Page 55) (Relevant background papers made available separately).

Electoral Division: Willand Uffculme

(b) Schedule 14 Applications: Definitive Map Review - Parish of Northam; Claimed Footpaths at Heywood Road to Fox Hill and at Footpath No. 11 to Footpath No. 6a

Report of the Executive Director of Environment, Economy and Culture (EEC/10/202/HQ - text only | pdf | supplementary information EEC/10/202/HQ) on two Schedule 14 Applications made in 2010 for separate footpaths in Northam (Page 63) (Relevant background papers made available separately).

Electoral Division: Northam

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: Braunton Footpath No. 85 Modification Order 2009 not confirmed

(Page 79)

(ii) Inquiry: Braunton Restricted Byway No. 86 Modification Order 2009 not

confirmed (Page 80)

(iii) Hearing: Braunton Restricted Byway No. 87 Heanton Punchardon Restricted

Byway No. 26 Modification Order 2009 not confirmed (Page 81)

(iv) Inquiry: Haccombe with Combe Modification Order 2009 modified to Restricted

Byway (Page 82)

(v) Representations: Heanton Punchardon Footpath No. 25 Modification Order 2009

confirmed (Page 83)

(vi) Inquiries etc: Northlew Footpath Nos. 30, 31 32 - Modification Order 2000.

[NB: In 1995 the Devon Green Lanes Group made a number of Schedule 14 Applications for additions to the Definitive Map in Northlew. On 19 January 1996 the Public Rights of Way Committee resolved to make no orders in respect of the claims, but the County Council was subsequently directed to publish an order in respect of Footpath Nos. 30, 31 32 following an appeal by the Group. The Order attracted objections and an inquiry was held in 2002. The Inspector proposed modifications to the Order which were objected to and therefore a second inquiry was held in 2003, adjourned to 2004. Also during 2004 the Secretary of State recovered jurisdiction of the Order because a member of the Planning Inspectorate had declared an interest in the case. Further modifications were proposed which again attracted objections and these were dealt with by written representations in 2005. The Secretary of State agreed with the Inspector s conclusions and has now confirmed the modified order as follows:

Footpath No. 30: not confirmed A B C;

Footpath No. 31: modified - confirmed H E F, not confirmed: D H;

Footpath No. 32: confirmed: G H (Page 84)]

(b) Public Path Orders

(i) Inquiry: Ottery St. Mary Footpath No. 46 Diversion Order 2008 not confirmed,

(Page 85)

(ii) Representations: Coldridge Bridleway Nos. 10 11 Diversion Order 2008

confirmed, (Page 86)

(iii) Representations: Thelbridge Footpath No. 8 Diversion Order 2008 confirmed,

(Page 87)

7. Modification Orders

The following Modification Orders have been confirmed as unopposed:

(i) Barnstaple Footpath No. 35 - Modification Order 2010 (Page 88)

(ii) Farway Byway Open To All Traffic No. 19 - Modification Order 2009 (Page 89)

(iii) Honiton Footpath No. 24 - Modification Order 2010 (Page 90)

(iv) Sidmouth Footpath No. 169 - Modification Order 2010 (Page 91)

(v) Thurlestone Footpath No. 13 - Modification Order 2010 (Page 92)

(vi) Thurlestone Footpath No. 20 4 - Modification Order 2010 (Page 93)

8. Public Path Orders

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

Diversion Orders

(i) Chardstock Footpath Nos. 46 46a - Diversion Order 2009 (Page 94)

(ii) Chawleigh Bridleway No. 7 - Diversion Order 2009 (Page 95)

(iii) Cotleigh Footpath No. 2 - Diversion Order 2009 (Page 96)

(iv) Down St. Mary Footpath No. 23 - Diversion Order 2010 (Page 97)

(v) East Down Footpath No. 17 - Diversion Order 2010 (Page 98)

(vi) Fremington Bridleway No. 9 - Diversion Order 2009 (Page 99)

(vii) Hemyock Footpath No. 8a - Diversion Order 2010 (Page 100)

(viii) Holbeton Bridleway No. 1 - Diversion Order 2010 (Pages 101 and 102)

(ix) Loddiswell Footpath No. 18 - Diversion Order 2010 (Page 103)

(x) Malborough Footpath Nos. 7, 16 18 - Diversion Order 2008 (Pages 104 -106)

(xi) Northlew Footpath No. 5 - Diversion Order 2010 (Page 107)

(xii) Ottery St. Mary Footpath No. 2 Feniton Footpath No. 11 - Diversion Order 2009

(Page 108)

(xiii) Staverton Footpath No. 7a - Diversion Order 2008 (Page 109)

(xiv) Sydenham Damerel Footpath No. 6 - Diversion Order 2010 (Page 110)

(xv) Tetcott Footpath No. 7 - Diversion Order 2010 (Page 111)

Creation Orders/Agreements

(i) Braunton Footpath No. 31 Creation/Extinguishment Order 2009 (Page 112)

(ii) Colebrooke Footpath No. 23 Bridleway No. 25 Creation Agreement 2010

(Page 113)

(iii) Halwell Moreleigh Footpath No. 8 Creation Agreement 2010 (Page 114)

Extinguishment Orders

Malborough Footpath No. 7 Extinguishment Order 2008 (Page 115)

Magistrates Court

Colebrooke Footpath No. 7 (Part) Stopping Up confirmed (Pages 116 and 117)

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

Emergencies

In the event of the fire alarm sounding, leave the building immediately by the nearest available exit, following the fire exit signs. If doors fail to unlock press the Green breakglass next to the door. Do not stop to collect personal belongings, do not use the lifts, do not re-enter the building until told to do so.

Mobile Phones

Please switch off all mobile phones before entering the Committee Room or Council Chamber