Present:-

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

Apologies

Councillor Eastman and Fowler

*PR/38 Minutes

RESOLVED that the minutes of the meeting held on 2 June 2010 be signed as a correct record.

*PR/39 Devon Countryside Access Forum (DCAF)

The Strategic Director of Place reported on the meeting held on 29 September 2011, the draft minutes of which were noted.

*PR/40 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2011 - 2012

Parish of Newton and Noss (Part 1)

The Committee considered the report of the Head of Highways and Traffic Management (HTM/11/18 - text only | pdf HTM/11/18). The report examined seven suggestions arising from Definitive Map Review in the Parish of Newton and Noss in the District of South Hams. The remaining fourteen suggestions would be referred to a subsequent Committee meeting.

(Mr Taylor 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 Modification Orders be made to modify the Definitive Map and Statement by:

(A) varying the particulars of the Definitive Map in respect of Footpath No. 28 (suggestion 1) by adding the section of footpath between points A D C and deleting the section shown between points A B C, as shown on drawing number EEC/PROW/11/39;

(B) varying the particulars of the Definitive Map in respect of Footpath No. 36 (suggestion 2) by adding the section of footpath between points E F, as shown on drawing number EEC/PROW/11/42;

(C) varying the particulars of the Definitive Map in respect of Footpath No. 21 (suggestion 3) by adding the section of footpath between the points M N, as shown on drawing number EEC/PROW/11/44;

(D) varying the particulars of the Definitive Map in respect of Footpath No. 16 (suggestion 4) by adding the footpath between the points U V and deleting the footpath between points S T, as shown on drawing number EEC/PROW/11/46;

(E) adding a public footpath (suggestion 6) between points A1 B1, as shown on drawing number EEC/PROW/11/45;

(F) adding a public footpath (suggestion 8) between the points E1 F1, as shown on drawing number EEC/PROW/11/43;

(G) adding a public footpath (suggestion 9) between the points G1 H1, as shown on drawing number EEC/PROW/11/43.

(ii) Definitive Map Review

Parish of Woolfardisworthy (Mid Devon)

The Committee considered the report of the Head of Highways and Traffic Management (HTM/11/19 - text only | pdf HTM/11/19). The report examines the route referred to as Suggestion 2 arising out of the Definitive Map Review in the Parish of Woolfardisworthy in Mid Devon, the parish also known as Woolfardisworthy East.

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement to vary the particulars of Footpath No. 24, Woolfardisworthy to confirm that the correct route of the footpath should follow the line of A B C D as shown on drawing number HTM/PROW/11/72 (Suggestion 2).

(iii) Definitive Map Review

Parish of Hemyock (part 1)

The Committee considered the report of the Head of Highways and Traffic Management (HTM/11/20 - text only | pdf HTM/11/20). The report examines the first of two proposals arising from the Definitive Map review in the Parish of Hemyock in the District of Mid Devon.

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

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

RESOLVED that no Modification Order be made in respect of Suggestion 1 shown on drawing number HTM/PROW/11/122.

(b) Schedule 14 Applications

Deletion of Public Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh

(Councillor Knight declared a personal interest in this item by virtue of being a regular user of the path)

The Committee considered the joint Report of the County Solicitor and Head of Highways and Traffic Management (HTM/11/21 - text only | pdf HTM/11/21). The report relates to a Schedule 14 application, made on behalf of the landowners, to delete footpaths recorded on the Definitive Map in the parishes of Northleigh, Farway, Colyton and Southleigh following a Public Inquiry in 2008.

(Ms Hanney and Mrs Kimble 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 no Modification Order be made in respect of the application to delete the footpaths shown between points A B C D and E F G H on drawing number ED/PROW/06/187.

*PR/41 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) Public Inquiry: Footpath Nos. 13, 14, 15 16, Farway, 18 Southleigh 12, Colyton and Byway Open To All Traffic Nos. 17 18, Farway not confirmed; Byway Open To All Traffic No. 19, Farway proposed to be modified to Restricted Byway Definitive Map Modification Order 2009.

(ii) Public Inquiry: Footpath Nos. 18 Whitchurch and 10 Sampford Spiney Definitive Map Modification Order 2009 [Vixen Tor] not confirmed.

(iii) Public Inquiry: Bridleway No. 1, Haccombe with Combe Definitive Map Modification Order 2009 confirmed as Restricted Byway.

(iv) Public Inquiry: Restricted Byway Nos. 51, Georgeham 88 Braunton Definitive Map Modification Order 2010 not confirmed.

(v) Public Inquiry: Bridleway No. 52, Uffculme Definitive Map Modification Order 2009 not confirmed.

(vi) Schedule 14 Application: Pitt Lane Culmstock/Hemyock:

The Head of Highways and Traffic Management reported that the Secretary of State had directed the County Council to make a Definitive Map Modification Order to: upgrade the footpath between points A B to a bridleway; add a bridleway between points B C; and add a restricted byway between points C D to the definitive map and statement.

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

RESOLVED that the Order be made and published.

*PR/42 Modification Orders

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

Bridleway No. 4, Cruwys Morchard No. 13, Puddington Definitive Map Modification Order 2011.

*PR/43 Public Path Orders

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

(a) Diversion Orders

(i) Bridleway Nos. 4 Beaworthy 55A Northlew and Footpath No. 5 Beaworthy Diversion and Creation Orders 2010.

(ii) Colyton Footpath No. 36 - Diversion Modification Order 2011.

(iii) Dartington Footpath No. 12 - Diversion Modification Order 2011.

(iv) Hawkchurch Bridleway No. 32 33 - Diversion Modification Order 2011.

(v) Kelly Footpath No. 10 - Diversion Order 2010.

(vi) Kingston Footpath No. 8 Ringmore Footpath No. 15 - Diversion Modification Order 2011.

(vii) Lamerton Footpath No. 25 - Diversion Modification Order 2011.

(viii) North Tawton Footpath No. 8 - Diversion Modification Order 2011.

(ix) Footpath No. 31, Northlew Public Path Diversion and Definitive Map and Statement Modification Order 2011.

(x) Sidmouth Footpath No. 108 - Diversion Modification Order 2011.

(b) Creation Orders/Agreements

Kingston Footpath No. 10 - Creation Modification Agreement 2011.

(c) Extinguishment Orders

Ringmore Footpath No. 12 - Extinguishment Modification.

*PR/44 Date of Next Meeting

The Committee noted that the next meeting would be held on Thursday 1 March 2012 at 2.15pm

*DENOTES DELEGATED MATTER WITH POWER TO ACT

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

The meeting started at 2.15pm and finished at 3.50pm