Present:-

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

Apologies:-

Councillors Bowden and Fowler

*PR/52 Minutes

RESOLVED that the minutes of the meeting held on 1 March 2012 be signed as a correct record.

*PR/53 Devon Countryside Access Forum (DCAF)

The Committee received and noted the draft minutes of the meeting of the Devon Countryside Access Forum held on 25 April 2012.

*PR/54 Definitive Map Review

Parish Reviews

(a) Definitive Map Review 2005 - 2012

Parish of Honiton - Part 1

The Committee considered the report of the Head of Highways Traffic Management (HTM/12/36 - text only | pdf HTM/12/36) examining three claims from formal applications in connection with the Definitive Map Review in the town of Honiton and its surrounding former Borough area considered as a parish.

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

RESOLVED that no Modification Orders be made in respect of:

(i) Route 1, claimed byway, Targets/Claylands Lane - Schedule 14 application to add a Byway Open to All Traffic from Littletown Road to near Upland Chase between points A - B shown on drawing number HTM/PROW/12/32;

(ii) Route 2, claimed footpaths from Middlehills Farm to Farway Hill - Schedule 14 application to add footpaths from near Middlehills Farm to Higher Blannicombe, Old Ottery Road and Fish Lane on Farway Hill, points C/D - E - F - G/H shown on drawing number HTM/PROW/12/33;

(iii) Route 5, claimed byway, Cottishayne Lane - Schedule 14 application to add a Byway Open to All Traffic from Turk's Head Lane towards River Otter and picnic area on A30, points N - O - P, O - Q shown on drawing number HTM/PROW/12/35.

(b) Definitive Map Review 2011 - 2012

Parish of Newton and Noss (Part 2)

The Committee considered the report of the Head of Highways Traffic Management (HTM/12/37 - text only | pdf HTM/12/37) examining four suggestions arising from the Definitive Map Review in the Parish of Newton and Noss in the District of South Hams.

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

RESOLVED

(i) that Modification Orders be made to modify the Definitive Map and Statement by:

(A) adding a public footpath (Suggestion 14) between the points N1 - O1 - x, as shown on drawing number EEC/PROW/11/47a;

(B) adding a public footpath (Suggestion 18) between the points U1 - V1 as shown on drawing number EEC/PROW/11/50;

(C) adding a public footpath (Suggestion 19) between the points C1 - D1 as shown on drawing number EEC/PROW/11/45;

(ii) that it be noted that a Legal Event Modification Order will be made under delegated powers in respect of Suggestion 5.

(c) Definitive Map Review 2011 - 2012

Parish of Poughill

(Councillor Colthorpe declared a personal interest in this item by virtue of her long-standing connections with Poughill)

The Committee considered the report of the Head of Highways Traffic Management (HTM/12/38 - text only | pdf HTM/12/38) examining the routes referred to as Suggestions 2 and 3 arising out of the Definitive Map Review in the Parish of Poughill in Mid Devon.

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

RESOLVED

(i) that an Order be made to modify the Definitive Map and Statement to vary the particulars of Footpath No. 2, Poughill to confirm that the route of the footpath continues along Bulland Lane to the county road as described in the Statement, A - B as shown on drawing number HTM/PROW/12/12 (Suggestion 2);

(ii) that no Order be made to modify the Definitive Map and Statement to delete Footpath No. 4, Poughill A - B - C - D - E as shown on drawing number HTM/PROW/12/13 (Suggestion 3) but that consideration be given to diverting the section C - D - E so that it does not pass through Cleaves farmyard and connects with a county road.

*PR/55 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

(Councillor Knight declared a personal interest in this item in relation to (b) Public Path Orders - Sidmouth Footpath No.169 by virtue of being a member of East Devon District Council and his personal use of the footpath)

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

(a) Modification Orders

(i) Public Inquiry: Kingsbridge Footpath No. 15 (Crabshell Quay) Definitive Map Modification Order 2010 - confirmed subject to advertising of amendments;

(ii) Informal Hearing: Sydenham Damerel Restricted Byway No. 14 - not confirmed;

(iii) Schedule 14 Application: Deletion of Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh - an appeal to the Secretary of State against this Committee s decision in November 2011 not to make an Order in respect of the above application had been dismissed and the County Council had not been directed to make an Order. An Inspector had decided that the evidence submitted with the application to delete the footpaths, added following a public inquiry in 2008, was not new or of sufficient substance and cogent to meet the test for deleting them under the legislation, in line with case law and guidance.

(b) Public Path Orders

Public Inquiry: Sidmouth Footpath No. 169 Public Path Diversion Order 2011 - not confirmed.

*PR/56 Public Path Orders

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

(a) Diversion Orders

(i) Abbotskerswell Footpath No. 3 Bridleway No. 11 - Diversion Modification Order 2011;

(ii) Aveton Gifford Footpath No. 4 - Diversion Modification Order 2011;

(iii) Bere Ferrers Footpath No. 37 - Diversion Modification Order 2011;

(iv) Bigbury Footpath No. 27 - Diversion Modification Order 2012;

(v) Black Torrington Footpath No. 1;

(vi) Bradworthy Footpath No. 13 - Diversion Order 2010;

(vii) Kingswear Footpath Nos. 15 1 - Diversion Modification Order 2011;

(viii) Okehampton Hamlets Bridleway No. 2 - Diversion Order 2011;

(ix) Parracombe Footpath No. 10 - Diversion Order 2011;

(x) West Down Footpath No. 3 - Diversion Modification Order 2012;

(b) Creation Orders/Agreements

(i) Newton Poppleford and Harpford Bridleway No. 37 - Creation Agreement 2012;

(ii) Sourton Bridleway No. 40 - Creation Agreement 2012;

(c) Extinguishment Orders

Barnstaple Footpath No. 1 - Extinguishment Order 2012.

*PR/57 Date of Next Meeting

Noted as Friday 16 November 2012 (2.00pm).

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.10pm

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