Present:-

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

Apologies:-

Councillors Fowler and Hawkins

Member attending in accordance with Standing Order 25:-

Councillor Gribble

*PR/58 Minutes

RESOLVED that the minutes of the meeting held on 21 June 2012 be signed as a correct record.

*PR/59 Devon Countryside Access Forum (DCAF)

The Committee received the minutes of the meeting of the Devon Countryside Access Forum held on 27 September 2012.

*PR/60 Definitive Map Review: Parish Reviews

(a) Definitive Map Review 2011 - 2012: Parish of Newton and Noss (Part 3)

The Committee considered the Report of the Head of Highways 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.

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

RESOLVED

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

(A) adding a public footpath (suggestion 7) between the points O - P on drawing number EEC/PROW/11/44;

(B) adding a public footpath (suggestion 10) between the points J1 - K1 on drawing number EEC/PROW/11/43;

(C) adding a public footpath (suggestion 11) between the points G - H on drawing number EEC/PROW/11/42;

(D) adding a public footpath (suggestion 12) between the points I - J on drawing number EEC/PROW/11/42;

(E) adding a public footpath (suggestion 13) between the points K - L on drawing number EEC/PROW/11/42;

(F) adding a public bridleway (suggestion 17) between the points S1 - T1 on drawing number EEC/PROW/11/49;

(ii) that Modification Orders be not made to:

(A) add a public footpath (suggestion 15) between points Q - R on drawing number EEC/PROW/11/44;

(B) add a public footpath (suggestion 16) between points Q1 - R1 on drawing number EEC/PROW/11/48;

(C) add a public footpath (suggestion 20) between points L1 - M1 on drawing number EEC/PROW/11/43;

(D) add a public footpath (suggestion 21) between points W1 - X1 - Y1 on drawing number EEC/PROW/11/51.

(b) Definitive Map Review 2012: Parish of Ermington

(The following attended under the Council s Public Participation Scheme and spoke to this item:

Mrs Thurston (applicant) - in support of the Schedule 14 application

Mr Toms (landowner) - against the Schedule 14 application).

The Committee considered the Report of the Head of Highways 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.

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

RESOLVED that a Modification Order be not made.

(c) Definitive Map Review 2005 - 2012: Parish of Honiton (Part 2)

The Committee considered the Report of the Head of Highways 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 the surrounding former Borough area considered as a Parish in the District of East Devon.

The Head of Highways Traffic Management reported that Councillor Diviani, who represented the Honiton St Paul s Electoral Division, supported the recommendations in the report.

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

RESOLVED that Modification Orders be not made in respect of:

(i) Route 3, claimed footpath between King Street and High Street, Fountain Yard/Passage, points J - K on drawing number HTM/PROW/12/34;

(ii) Route 4, claimed footpath from Footpath No. 2 near Tracey Lodge along River Otter to Clapper Lane Bridge, points L - M on drawing number HTM/PROW/12/35.

*PR/61 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

(a) The Committee noted the following decisions and directions on Modification Orders received from the Secretary of State:

(i) Public Inquiry: Northam Footpath No. 37 - confirmed;

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

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

(iv) Schedule 14 Application: Deletion of Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh - referred back to Planning Inspectorate;

(v) Public Inquiry: Farway Restricted Byway No. 19 - confirmed with modification;

(vi) Public Inquiry: Uffculme Footpath No. 10 - confirmed;

(b) Ashburton Byway No. 4

The Committee noted that the Planning Inspectorate had accepted that the direction to make the Order had been incorrect and that the Secretary of State had decided not to confirm the Order, and then considered the options now available.

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

RESOLVED that the Order be not re-made on the grounds that the direction allowing the appeal was incorrect.

*PR/62 Modification Order

The Committee noted that a Modification Order in respect of Woolfardisworthy (Mid Devon) Footpath No. 24 had been confirmed as unopposed.

*PR/63 Public Path Orders

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

(a) Diversion Orders

(i) Aylesbeare Footpath Nos. 16 17 - Diversion Modification Order 2012;

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

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

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

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

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

(b) Creation Orders/Agreements

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

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

(c) Extinguishment Order

Okehampton Hamlets Footpath No. 40 - Extinguishment Order 2011.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.15pm

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