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 16 November 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 9 February 2013 (Page 6).

4. Definitive Map Reviews: Parish Reviews

(a) Definitive Map Review: Parish of Cheriton Fitzpaine

Report of the Head of Highways and Traffic Management (HTM/13/11 - text only | pdf HTM/13/11) (Page 15 ) and backing papers. The report examines the routes referred to as Suggestions 1 and 2 arising out of the Definitive Map Review in the Parish of Cheriton Fitzpaine in Mid Devon.

Electoral Division: Newton St Cyres Sandford

(b) Definitive Map Review 2011-13: Parish of Tavistock

Report of the Head of Highways and Traffic Management (HTM/13/12 - text only | pdf HTM/13/12) (Page 41). The report examines the Definitive Map Review in the parish of Tavistock in the West Devon District.

Electoral Division: Tavistock

(c) Definitive Map Review: Parish of Hemyock (part 3)

Report of the Head of Highways and Traffic Management (HTM/13/13 - text only | pdf HTM/13/13) (Page 44) and backing papers. The report examines the third of three proposals arising from the Definitive Map Review in the Parish of Hemyock in the District of Mid Devon. The claim, for the addition of a public footpath running from Congiar Lane through woodland to Tedburrow Lane, is dealt with in the appendix to this report and is shown on drawing number HTM/PROW/13/3.

Electoral Division: Willand Uffculme

(d) Definitive Map Review 2011-13: Parish of Combe Martin Part 1

Report of the Head of Highways and Traffic Management (HTM/13/14 - text only | pdf HTM/13/14) (Page 56) and backing papers. The report examines the first of several proposals arising out of the Definitive Map Review in the parish of Combe Martin in North Devon District.

Electoral Division: Combe Martin Rural

(e) Definitive Map Review 1989- 94: Parish of Teignmouth

Report of the Head of Highways and Traffic Management (HTM/13/15 - text only | pdf HTM/13/15) (Page 63). This report examines six proposals arising from the Definitive Map Review in the Parish of Teignmouth in the District of Teignbridge.

Electoral Division: Teignmouth

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) Schedule 14 Application: Deletion of Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh: (Page 74)

The 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 has been re-determined. The Inspector s decision from a previous determination dismissing the appeal was quashed after a successful challenge by a claim for judicial review to the High Court, with the appeal sent back to the Planning Inspectorate for re-determination, as reported to members at the last meeting.

A different Inspector has now dismissed the appeal again. She decided that the evidence submitted with the application to delete the footpaths was insufficient, either as new evidence or to alter the weight given to evidence considered by the Inspector at the inquiry in 2008 that resulted in the footpaths being added to the Definitive Map. As a result, the County Council has not been directed to make an Order deleting the footpaths. However, notice has been received that a further application for judicial review of the decision is to be made to the High Court.

A copy of the Inspector s decision is included in the backing papers for reports available in the Members Lounge for inspection.

(ii) Written Representations: Kenn Footpath No. 17, Definitive Map Statement Modification Order 2011 confirmed subject to modification to upgrade to bridleway (Page 75)

(iii) Public Inquiry: Frithelstock Restricted Byway No. 14, Definitive Map Statement Modification Order 2010 confirmed (Page 76)

(iv) Written Representations: Honiton: Footpath Nos. 26 10, Definitive Map Statement Modification Order 2011 - confirmed subject to modifications of specified widths (Page 77)

(b) Public Path Orders

(i) Informal Hearing: Woolfardisworthy Footpath Nos. 7, 8, 9 10, Public Path Diversion Order 2010 confirmed with modifications (Page 78)

(ii) Written Representations: Wembworthy Foopath No. 12 and Bridleway No. 13 Public Path Diversion Definitive Map Statement Modification Order 2011 confirmed with modifications (Page 79)

6. Public Path Orders Diversion Orders

The following Public Path Orders are proposed to be made:

(a) Proposed Diversion: Footpath No. 2, Kings Nympton Report of the Head of Highways and Traffic Management (HTM/13/16 - text only | pdf HTM/13/16) (Page 80). The report examines an application by landowners to divert a public footpath in the parish of Kings Nympton to facilitate the breeding of horses and to safeguard the public. The current proposal is shown on plan no. HTM/PROW/11/83B.

(b) Proposed Diversion: Bridleway No. 44, Shaugh Prior Report of the Head of Highways and Traffic Management (HTM/13/17 - text only | pdf HTM/13/17) (Page 87). The report examines an application by Sibelco UK to divert a public bridleway in the parish of Shaugh Prior to enable permitted development to take place. The current proposal is shown on plan no. HTM/PROW/12/114

Electoral Division: Bickleigh Wembury

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.

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