A meeting of the Public Rights of Way Committee will be held on the above date at 2.00pm at County Hall, Exeter to consider the following matters.

PLEASE NOTE START TIME

P. NORREY

Chief Executive

A G E N D A

PART I OPEN COMMITTEE

1. Minutes of the meeting held on 21 June 2012 (previously circulated).

2. 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

3. Devon Countryside Access Forum

Draft minutes of the meeting held on 27 September 2012, attached (Page 7).

4. Definitive Map Reviews

(a) Parish Reviews

(i) Definitive Map Review 2011-2012

Parish of Newton and Noss (Part 3)

Report of the Head of Highways and Traffic Management (HTM/12/65 - text only | pdf HTM/12/65) examining ten suggestions arising from the Definitive Map Review in the Parish of Newton and Noss in the District of South Hams, attached (Page 14).

Electoral Division(s): Yealmpton

(ii) Definitive Map Review 2012

Parish of Ermington

Report of the Head of Highways and Traffic Management (HTM/12/66 - text only | pdf HTM/12/66) examining the Definitive Map Review in the Parish of Ermington in the District of South Hams, including a Schedule 14 application made for the addition of a public footpath between Langbrook and Whipples Lane, attached (Page 76).

Electoral Division(s): Yealmpton

(iii) Definitive Map Review 2005-12

Parish of Honiton - Part 2

Report of the Head of Highways and Traffic Management (HTM/12/67 - text only | pdf HTM/12/67) examining two further claims in connection with the Definitive Map Review in the town of Honiton and its surrounding former Borough area considered as a parish, attached (Page 84).

Electoral Division(s): Honiton St Paul s and Honiton St Michael s

5. 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) Public Inquiry: Northam Footpath No. 37 - confirmed (Page 102).

(ii) Public Inquiry: Northam Footpath No. 38 - confirmed (Page 103).

(iii) Informal Hearing: Culmstock Bridleway No. 35 - confirmed (Page 104).

(iv) Schedule 14 Application: Deletion of Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh: The Inspector s decision dismissing 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, reported to members at the last meeting, has been challenged by a claim for judicial review to the High Court. The grounds of the challenge were accepted by DEFRA who submitted to judgment and a consent Order was issued quashing the Inspector s decision. The appeal has been sent back to the Planning Inspectorate to be determined again. (Page 105).

(v) Ashburton Byway No. 4 - The Order resulted from a Schedule 14 application made in 2003 on behalf of the Trail Riders Fellowship to upgrade the existing recorded Bridleway No. 4 to a Byway Open to All Traffic, considered by the Committee in 2004. Members decided not to make an Order and the applicant appealed against that decision. The Secretary of State directed the County Council in 2005 to make an Order, against the report of an Inspector determining the appeal, which recommended that it should be dismissed, in accordance with the relevant legal test.

The County Council queried the decision with the Government Office for the South West on the grounds that the direction was based on the wrong legal test, for adding rather than for upgrading a route. That was not accepted and the County Council made the Order in 2009 upgrading the bridleway to a Byway Open to All Traffic, reluctantly but on the basis of the Secretary of State s direction.

The Order received more than 150 objections and was submitted to the Planning Inspectorate in 2011, highlighting that the wrong legal test had been applied in the direction to make the Order. The Planning Inspectorate, after legal advice from DEFRA, has accepted that the direction was wrong and the Order had been incorrectly drafted, although made as directed. Such a fundamental error in the Order is fatal to its validity and cannot be corrected, so the Secretary of State decided not to exercise the power of confirmation.

The options available to the County Council are to re-make the Order under the correct provision, or not to make an Order at all as the basis of the grounds for the direction allowing the appeal were incorrect.

Recommendation: It is recommended that no Order be made (Page 106).

(vi) Public Inquiry: Farway Restricted Byway No. 19 - confirmed after Inspector s modifications (Page 107).

(vii) Public Inquiry: Uffculme Footpath No. 10 - confirmed (Page 108).

6. Modification Orders

The following Modification Order has been confirmed as unopposed:

Woolfardisworthy (Mid Devon) Footpath No. 24 - Definitive Map Modification Order 2012 (Page 109).

7. Public Path Orders

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

Diversion Orders

(i) Aylesbeare Footpath No. 16 17 - Diversion Modification Order 2012 (Page 110).

(ii) Clawton Footpath No. 1 - Diversion Modification Order 2012 (Page 111).

(iii) Exbourne Footpath No. 4 - Diversion Modification Order 2012 (Page 112).

(iv) Kennerleigh Footpath No. 7 Stockleigh English Footpath No. 4 - Diversion Modification Order 2012 (Page 113).

(v) Puddington Footpath No. 12 - Diversion Modification Order 2011 (Page 114).

(vi) West Down Footpath No. 3 - Diversion Modification Order 2012 (Page 115).

(b) Creation Orders/Agreements

(i) Kingswear Bridleway No. 33 - Creation Agreement 2012 (Page 116).

(ii) Kingswear Footpath Nos. 34 35 - Creation Agreement 2012 (Page 117).

(c) Extinguishment Orders

Okehampton Hamlets Footpath No. 40 - Extinguishment Order 2011 (Page 118).

8. Date of Next Meeting

Thursday 28 February 2013 at 2.00pm.

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, Eastman, Hawkins, Fowler, Knight 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 the Reports or Background Papers relating to any item on this agenda should contact Peter Stiles on 01392 382289. Agendas, Reports and Minutes of the Committee are published on the County Council s website at: http://www.devon.gov.uk/index/councildemocracy/decision_making/cma/index_prw.htm For further information please contact Peter Stiles on 01392 382289.

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. For further information please contact Peter Stiles on 01392 382289.

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

If you need a copy of this Agenda and/or a Report in another format (e.g. large print, audio tape, Braille or other languages), please contact the Information Centre on 01392 380101 or email to: centre@devon.gov.uk or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD.

Induction loop system available