Present:-

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

Apologies

Councillor Fowler

*PR/32 Minutes

RESOLVED that the minutes of the meeting held on 8 November 2010 be signed as a correct record.

*PR/33 Devon Countryside Access Forum (DCAF)

The Strategic Director of Place reported on the meeting held on 7 April 2011, the draft minutes of which were noted.

*PR/34 Definitive Map Review

Schedule 14 Application

Claimed Public Bridleway: Lydford, West Devon

(Councillor Sanders declared a prejudicial interest in this item by virtue of email correspondence and lobbying he had received from some of the parties involved and withdrew from the meeting during its consideration)

(Councillor Colthorpe declared a personal interest in this item by virtue of being a Member of the British Horse Society)

COUNCILLOR BOWDEN IN THE CHAIR

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/11/90/HQ - text only | pdf EEC/11/90/HQ) 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 upgrade Footpath Nos. 41, 49 and 10 (part) in the Parish of Lydford. The Chairman confirmed that evidence received yesterday or this morning was outside the deadline and would not been taken into account.

(Ms Diana Brickl, Mrs Catherine Law, Mr C Friend, Ms Margaretta Barclay and Mr Tom Greeves attended and spoke to this item in accordance with the Council s public participation procedures).

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

RESOLVED that a Modification Order be made to upgrade Lydford footpath numbers 41, 49 and 10 (part) to a bridleway and add a bridleway across the River Lyd upstream of the footbridge regarding the Schedule 14 application, as shown on drawing EEC/PROW/10/76.

COUNCILLOR SANDERS IN THE CHAIR

*PR/35 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2008 - 2011

Parish of West Down

(Councillor Colthorpe declared a prejudicial interest in this item by virtue of being known to most users who submitted user forms and withdrew from the room during its consideration)

The Committee considered the report of the Deputy Executive Director of Environment, Economy and Culture (EEC/11/85/HQ - text only | pdf EEC/11/85/HQ) and background papers sent separately. The report examines suggestions arising out of the Definitive Map Review in the parish of West Down.

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

RESOLVED that no Modification Order be made in respect of Route 1, claimed bridleway on Aylescott Lane between points A-B-C shown on drawing number EEC/PROW/11/36.

(ii) Definitive Map Review

Parish of Cruwys Morchard

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/11/86/HQ - text only | pdf EEC/11/86/HQ) and background papers sent separately. The report examines the route referred to as Suggestion 1 arising out of the Definitive Map Review in the Parish of Cruwys Morchard.

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

RESOLVED that Modification Orders be made to modify the Definitive Map and Statement to add restricted byways between points E-D-F and A-B-C-D as shown on drawing number ED/PROW/11/14a (Suggestion 1).

(iii) Definitive Map Review: Honiton

Claimed Footpath: Church Street, Honiton

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/11/87/HQ - text only | pdf EEC/11/87/HQ) and background papers sent separately. The report concerns a claim made by Honiton Town Council that a route in the town on Honiton in East Devon District, having no current recorded highway status, should be recorded as a public footpath.

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

RESOLVED that a Modification Order be made to record a public footpath over Church Street between High Street and Silver Street in Honiton, along the route shown between points A-B on drawing number EEC/PROW/11/56.

(iv) Definitive Map Review 2009 - 2010

Parish of Culmstock (part 3)

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/11/88/HQ - text only | pdf EEC/11/88/HQ) and background papers sent separately. The report examines two of the seven suggestions arising from the Definitive Map Review in the Parish of Culmstock in the District of Mid Devon.

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

RESOLVED

(a) that no Modification Order be made to modify the Definitive Map and Statement by adding a public footpath along the route known as Splatt Lane between points A-B and C-D on drawing number EEC/PROW/11/58;

(b) that no Modification Order be made to upgrade Footpath No.12a, Culmstock to a bridleway between points F-E on drawing number EEC/PROW/11/59.

(v) Definitive Map Review 2010 - 2011

Parish of Milton Damerel

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/11/89/HQ - text only | pdf EEC/11/89/HQ). The report examined the Definitive Map Review in the parish of Milton Damerel in the District of Torridge.

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

RESOLVED that it be noted that, having completed the Definitive Map Review in the parish of Milton Damerel, no modifications were required.

(b) Schedule 14 Application

Definitive Map Review: Kenn

Claimed Public Right of Way: Part Former Driveway of Haldon House, Clapham

The Committee considered the report the Deputy Executive Director of Environment, Economy and Culture (EEC/11/91/HQ - text only | pdf EEC/11/91/HQ) and background papers sent separately. This report examines a claim that a route in the hamlet of Clapham within the parish of Kenn in Teignbridge District, having no current recorded highway status, should be recorded as a public right of way.

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

RESOLVED that a Modification Order be made to record a public footpath between Underdown Road and Brenton Road at the hamlet of Clapham in the parish of Kenn, between points A-B on drawing number EEC/PROW/11/54.

*PR/36 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

Public Inquiry: Footpath Nos. 23, 24, 25, 26, 27, 29 34, Upottery 28, Yarcombe Definitive Map Modification Order 2009 not confirmed.

(b) Public Path Orders

Written representations: Buckland Brewer Footpath No. 5 Diversion Order 2007 confirmed.

*PR/37 Public Path Orders

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

Diversion Orders

(i) Bampton Footpath No. 7 - Diversion Order 2009.

(ii) Bishop's Nympton Footpath No. 9 - Diversion Order 2011.

(iii) Kingsbridge Footpath No. 1 Diversion Order 2010.

(iv) Kingsteignton Footpath No. 5 - Diversion Order 2010.

(v) Malborough Footpath Nos. 66 South Huish 27 Diversion Order 2010.

(vi) Morebath Bridleway No. 14 Division Order 2010.

Creation Orders/Agreements

(i) Bigbury Footpath Nos. 14, 15, 26, 27 28 concurrent Creation and

Extinguishment Orders 2010.

(ii) Kingston Footpath No. 7 - Creation Agreement 2011.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.50pm

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