Present:-

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

Apologies

Councillor Fowler

*PR/26 Minutes

RESOLVED that the minutes of the meeting held on 7 June 2010 be signed as a correct record.

*PR/27 Devon Countryside Access Forum (DCAF)

(a) Minutes.

The Executive Director of Environment, Economy and Culture reported on the meeting held on 7 October 2010, the draft minutes of which were noted.

(b) Membership

The Committee noted 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. The Committee also noted that this recommendation was subsequently approved by the Cabinet on 13 October 2010, Minute 252(c) refers.

*PR/28 Definitive Map Review

(a) Parish Reviews

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

The Committee considered the 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) and background papers sent separately. The report set out details of a dispute relating to the status of a road at Hollick in the Parish of Tawstock.

(Mr Miller attended and spoke to this item in accordance with the Council s public participation procedures).

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

RESOLVED that the section of road at Hollick, between points G - H on drawing number EEC /PROW/08/101, be shown on the County Council's official legal record of highways maintainable at public expense, to confirm its public status as an unclassified county road.

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

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

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

RESOLVED

(A) that a section of the claimed route between points A - C and B - C - D - E - F be accepted to hold the status of a highway not maintainable at public expense and no modification order be made in its respect;

(B) that no determination be made in respect of the rest of the route which currently lacks a valid point of termination. Both routes are shown on drawing number EEC/PROW/10/99.

(iii) Definitive Map Review 2010 - Parish of Kingston

The Committee considered the 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.

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

RESOLVED that it be noted that the Definitive Map Review had been completed in the Parish of Kingston and no modifications were required.

(iv) Definitive Map Review 2010 - Parish of Ringmore

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/199/HQ - text only | pdf EEC/10/199/HQ) and background papers sent separately. The report detailed the Definitive Map review in the Parish of Ringmore in the District of South Hams.

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

RESOLVED that it be noted that the Definitive Map Review had been completed in the Parish of Ringmore and no modifications were required.

(v) Definitive Map Review - Parish of Washford Pyne

(Councillor Colthorpe declared a prejudicial interest in this item by virtue of being a previous resident in the area and being known to all interested parties, and left the room during its consideration)

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/200/HQ - text only | pdf EEC/10/200/HQ) and background papers sent separately. The report looked at a proposed route (Suggestion 1) arising from the Definitive Map Review in the Parish of Washford Pyne.

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

RESOLVED that no Modification Order be made to modify the Definitive Map and Statement by adding a public footpath or public bridleway between points A - B - C - D - E or between A - B - F - D - E or between A - G - F - D - E as shown on drawing number EEC/PROW/10/88.

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

(Part 2)

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/201/HQ - text only | pdf EEC/10/201/HQ) and background papers sent separately. The report dealt with the second of seven suggestions arising from the Definitive Map Review in the Parish of Culmstock in the District of Mid Devon. The Public Rights of Way Manager updated the Committee on the objection received from Natural England following despatch of the agenda papers.

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement to upgrade Footpath No. 35, Culmstock to a public bridleway between points A - B as shown on drawing no. EEC/PROW/10/90.

(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

(Councillor Eastman declared a prejudicial interest in this item by virtue his close involvement with the parties involved and left the room during its consideration)

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/10/202/HQ - text only | pdf | supplementary information EEC/10/202/HQ) and background papers sent separately. The report dealt with two Schedule 14 Applications made in 2010 for separate footpaths in Northam.

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

(Mr Seaton, Mrs Long, Councillor Robinson, Mr Measures, Mrs Vine and Mrs Lo-Vel attended and spoke to this item in accordance with the Council s public participation procedures).

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

RESOLVED

(i) that a Modification Order be made to modify the Definitive Map and Statement in respect of the Schedule 14 Application to add a footpath between Heywood Road and Fox Hill, Northam shown running between points A B - C on plan no. EEC/PROW/10/91;

(ii) that a Modification Order be made to modify the Definitive Map and Statement in respect of the Schedule 14 Application to add a footpath running between Footpath No. 11 and Footpath 6a, Northam shown between points D E - F on plan no. EEC/PROW/10/92.

*PR/29 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: Braunton Footpath No. 85 Modification Order 2009 not confirmed.

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

(iii) Hearing: Braunton Restricted Byway No. 87 Heanton Punchardon Restricted Byway No. 26 Modification Order 2009 not confirmed.

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

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

(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]

(b) Public Path Orders

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

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

The Public Rights of Way Manager updated the Committee on actions taken subsequent to the decision of the Inspector not to confirm the Diversion Order and the implications of that decision for this popular path. He agreed to investigate Councillor Giles suggested solution raised at the meeting.

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

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

*PR/30 Modification Orders

The Committee noted that the following Modification Orders have been confirmed as unopposed:

(a) Barnstaple Footpath No. 35 - Modification Order 2010.

(b) Farway Byway Open To All Traffic No. 19 - Modification Order 2009.

(c) Honiton Footpath No. 24 - Modification Order 2010.

(d) Sidmouth Footpath No. 169 - Modification Order 2010.

(e) Thurlestone Footpath No. 13 - Modification Order 2010.

(f) Thurlestone Footpath No. 20 4 - Modification Order 2010.

*PR/31 Public Path Orders

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

(a) Diversion Orders

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

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

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

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

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

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

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

(viii) Holbeton Bridleway No. 1 - Diversion Order 2010.

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

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

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

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

Order 2009.

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

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

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

(b) Creation Orders/Agreements

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

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

2010.

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

(c) Extinguishment Orders

Malborough Footpath No. 7 Extinguishment Order 2008.

(d) Magistrates Court

Colebrooke Footpath No. 7 (Part) Stopping Up confirmed.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 4.15pm

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