Present:-

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

Apologies

Councillor Hawkins

*PR/32 Minutes

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

*PR/33 Urgent Item - Claimed Public Bridleway: Lydford, West Devon

(An item taken under Section 100B(4) of the Local Government Act 1972)

The Chairman had decided that the Committee should consider this item as a matter of urgency because it would affect the conduct of today s meeting.

The Chairman referred to an item on the agenda of today s meeting relating to a claimed public bridleway in Lydford, West Devon and said that, because of email correspondence received from one of the parties involved, it was his intention to declare a prejudicial interest and allow the Vice-Chairman to deal with that item of business. However, it has been brought to his attention, and this was confirmed by officers at the meeting, that since the report had been written further user evidence had been submitted and this needed to be taken into consideration before officers could make a considered recommendation. He therefore proposed that this item be deferred.

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

RESOLVED that the item relating to a claimed public bridleway in Lydford, West Devon be deferred to a future meeting of this Committee to allow officers to take into account further evidence submitted since the report was published.

*PR/34 Devon Countryside Access Forum (DCAF)

The Executive Director of Environment, Economy and Culture reported on the meeting held on 19 January 2011, the draft minutes of which were noted.

*PR/35 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2010 - 2011

Parish of Holbeton

The Committee considered the report of the Executive Director of Environment, Economy and Culture (EEC/11/28/HQ - text only | pdf EEC/11/28/HQ) 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.

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a restricted byway in respect of Suggestion 1 between points A and B as shown on drawing no. EEC/PROW/10/94.

(ii) Definitive Map Review 2008-11

Parish of Mortehoe

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

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

RESOLVED that no Modification Order be made in respect of Route 1, claimed footpath from Gora Lane between points A B C shown on drawing number EEC/PROW/09/124, but to investigate the possibility of dedication by the landowners continuing on an alternative route.

(iii) Definitive Map Review

Parish of Puddington

(Councillor Colthorpe declared a personal interest in this item by virtue of the fact that some of the parties involved were known to her and that she was a member of BHS)

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/11/30/HQ - text only | pdf EEC/11/30/HQ) 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.

(Mrs Symons and Councillor Lee attended and spoke to this item in accordance with the Council s public participation procedures).

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

RESOLVED

(a) a Modification Order be made to modify the Definitive Map and Statement by adding a public bridleway between points A B C D as shown on drawing number ED/PROW/10/95. (Suggestion 1);

(b) no Modification Order be made to modify the Definitive Map and Statement by adding a public bridleway between points E F G as shown on drawing number ED/PROW/10/96 (Suggestion 2).

(iv) Definitive Map Review: Sidmouth

Claimed Footpath: Chapel Street, Sidbury Footpath No. 59

The Committee considered the report the Executive Director of Environment, Economy and Culture (EEC/11/31/HQ - text only | pdf EEC/11/31/HQ) 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. A message of support for the report s recommendation from the local Member, County Councillor Giles, was read out to the Committee.

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

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

RESOLVED that a modification order be made to record public footpath between Chapel Street and Footpath No. 59 in the village of Sidbury, along the route shown on the attached drawing number EEC/PROW/11/12 between points A B.

(v) Definitive Map Review 2010-11

Parish of Sutcombe

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

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 Sutcombe and no modifications were required.

*PR/36 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

The Committee noted that the following decisions and directions have been received from the Secretary of State:

Modification Orders

(i) Hearing: Langtree Restricted Byway No. 18 confirmed

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

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

confirmed

Diversion Orders

(i) Written representations: Kingsbridge Footpath No. 1 confirmed

*PR/37 Modification Orders

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

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

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

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

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

*PR/38 Public Path Orders

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

Diversion Orders

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

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

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

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

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

(vi) Sparkwell Footpath Nos. 11, 12 13 - Diversion Order 2010

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

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

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

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

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

Creation Orders/Agreements

(i) Bishop s Nympton Footpath No. 19 - Creation Agreement 2010

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

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

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

(v) Martinhoe Footpath No. 23 Creation Agreement 2008

*PR/39 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

The Committee considered the report of the County Solicitor (CR/11/32 - text only | pdf CR/11/32) regarding an application by Mr and Mrs Kimbell to have The Field at Honiton Bottom Road registered as a Village Green.

(Mrs Kimbell 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 that The Field at Honiton Bottom Road be granted Village Green status.

*PR/40 Commons Act 2006: Section 19 - Correction to Commons Registers CL 156, CL 161 and CL 187 - Application by Mr Edmunds

(Councillor Colthorpe declared a prejudicial interest in this item by virtue of the fact that many of the parties named in the report were known to her and the business involvement her late husband, and left the room during its consideration)

The Committee considered the report of the County Solicitor (CR/11/33 - text only | pdf CR/11/33) regarding an application by Mr Edmonds to have field O.S. No. 49 included in the Commons Register. The County Solicitor also reported receipt on an email from South Brent Commoners Association requesting that a decision be deferred.

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

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

RESOLVED that field O.S. No. 49 be included in the Commons Register.

*PR/41 Commons Act 2006: Section 19 - Correction to the Commons Register CL 190 - Application by Mr and Ms Radmore

The Committee considered the report of the County Solicitor (CR/11/34 - text only | pdf CR/11/34) regarding an application by Mr and Mrs Radmore to correct a mistake in the register of CL 190 entry number 88.

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

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

RESOLVED that the register of CL 190 entry number 88 be not altered.

[Note: In accordance with Standing Order 32(4) Councillors Brook and Colthorpe requested that their abstention from voting on this item be recorded]

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 4.15pmpm

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