Thursday 3 March 2011

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 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 19 January 2011(Page 6)

5. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2010 - 2011

Parish of Holbeton

Report of the Executive Director of Environment, Economy and Culture (EEC/11/28/HQ - text only | pdf EEC/11/28/HQ) (Page 19) and background papers sent separately. The report examines the Definitive Map Review in the Parish of Holbeton in the District of South Hams, including a Schedule 14 application made by the Trail Riders Fellowship for the addition of a byway open to all traffic from the county road near Pool Mill Farm to the county road near Henna Mill.

Electoral Division: Yealmpton

(ii) Definitive Map Review 2008-11

Parish of Mortehoe

Report the Executive Director of Environment, Economy and Culture (EEC/11/29/HQ - text only | pdf EEC/11/29/HQ) (Page 34) and background papers sent separately. The report examines suggestions arising out of the Definitive Map Review in the parish of Mortehoe.

Electoral Division: Coombe Martin Rural

(iii) Definitive Map Review

Parish of Puddington

Report the Executive Director of Environment, Economy and Culture (EEC/11/30/HQ - text only | pdf EEC/11/30/HQ) (Page 50) and background papers sent separately. The report examines the routes referred to as Suggestion 1 and Suggestion 2 arising out of the Definitive Map Review in the Parish of Puddington.

Electoral Division: Newton St Cyres Sandford

(iv) Definitive Map Review: Sidmouth

Claimed Footpath: Chapel Street, Sidbury Footpath No. 59

Report the Executive Director of Environment, Economy and Culture (EEC/11/31/HQ - text only | pdf EEC/11/31/HQ) (Page 75) and background papers sent separately. The report examines a claim made by local residents that a route in the village of Sidbury within the administrative boundary of the town of Sidmouth in East Devon District and having no current recorded highway status should be recorded as a public footpath.

Electoral Division: Ottery St Mary

(v) Definitive Map Review 2010-11

Parish of Sutcombe

Report the Executive Director of Environment, Economy and Culture (EEC/11/32/HQ - text only | pdf EEC/11/32/HQ) (Page 80). The report examines the Definitive Map Review in the parish of Sutcombe in Torridge District.

Electoral Division: Holsworthy Rural

(b) Schedule 14 Applications

Claimed Public Bridleway: Lydford, West Devon

Report the Executive Director of Environment, Economy and Culture (EEC/11/33/HQ - text only | pdf EEC/11/33/HQ) (Page 82) and background papers sent separately. This report relates to a Schedule 14 application, made by Mr P Hackett, on behalf of the South West Riders Group, to record an upgrade Footpath Nos. 41, 49 and 10 (part) in the Parish of Lydford.

Electoral Division: Yelverton 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) Hearing: Langtree Restricted Byway No. 18 confirmed (Page 95)

(ii) Written Representations: Colebrooke Restricted Byway No. 22 not confirmed

(Page 96)

(iii) Written representations: Barnstaple Footpath No. 36 (Prospect Place)

confirmed (Page 97)

(iv) Written representations: Kingsbridge Footpath No. 1 confirmed (Page 98).

7. Modification Orders

The following Modification Orders have been confirmed as unopposed:

(i) Bigbury Footpath No. 29 - Modification Order 2010 (Page 99)

(ii) Bradninch Footpath No. 18 - Modification Order 2010 (Page 100)

(iii) Brentor Footpath No. 4 - Modification Order 2009 (Page 101)

(iv) Honiton Footpath No. 6 - Modification Order 2009 (Page 102)

8. Public Path Orders

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

Diversion Orders

(i) Bere Ferrers Footpath No. 55 - Diversion Order 2010 (Page 103)

(ii) Cotleigh Footpath No. 14a Diversion Order 2009 (Page 104)

(iii) Feniton Footpath No. 4 - Diversion Order 2009 (Page 105)

(iv) Parkham Footpath No. 14 Alwington Footpath No. 8 - Diversion Order 2010

(Page 106)

(v) South Huish Footpath No. 15 Diversion Order 2010 (Page 107)

(vi) Sparkwell Footpath Nos. 11, 12 13 - Diversion Order 2010 (Pages 108/109)

(vii) Thelbridge Footpath No. 6 Washford Pyne Footpath No. 13 - Diversion Order

2010 (Page 110)

(viii) Thelbridge Footpath No. 14 - Diversion Order 2010 (Page 111)

(ix) Uffculme Footpath No. 33 - Diversion Order 2009 (Page 112)

(x) Washford Pyne Footpath No. 3 - Diversion Order 2010 (Page 113)

(xi) Woolfardisworthy (Mid Devon) Footpath Nos. 20 35 - Diversion Order 2010

(Page 114)

(b) Creation Orders/Agreements

(i) Bishop s Nympton Footpath No. 19 - Creation Agreement 2010 (Pages 115/116)

(ii) Dawlish Bridleway No. 42 - Creation Agreement 2010 (Page 117)

(iii) Halwill Bridleway No. 15 - Creation Agreement 2010 (Page 118)

(iv) Halwill Bridleway No. 16 - Creation Agreement 2010 (Page 119)

(v) Martinhoe Footpath No. 23 Creation Agreement 2008 (Page 120)

9. Commons Act 2006: Section 15 - Application to Register Land as a Village Green

"The Field" at Honiton Bottom Road near The Gissage - Application by Mr Allen and Mrs Kimbell

Report of the County Solicitor (CR/11/32 - text only | pdf CR/11/32) (Page 123).

10. Commons Act 2006: Section 19 - Correction to Commons Registers CL 156, CL 161 and CL 187 - Application by Mr Edmunds

Report of the County Solicitor (CR/11/33 - text only | pdf CR/11/33) (Page 127).

11. Commons Act 2006: Section 19 - Correction to the Commons Register CL 190 - Application by Mr Ms Radmore

Report of the County Solicitor (CR/11/34 - text only | pdf CR/11/34) (Page 130).

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