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. Apologies for absence.

2. Minutes of the former Public Rights of Way Committee meeting held on 28 February 2013 (previously circulated).

3. 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

4. Devon Countryside Access Forum

Draft minutes of the meeting held on 23 April 2013 attached (Page 6).

5. Definitive Map Reviews: Parish Reviews

(a) Definitive Map Review 2012-13: Parish of Sidmouth - Part 1

Report of the Head of Highways, Capital Development and Waste (HCW/13/7 - text only | pdf HCW/13/7) (Page 14) and background papers. The Report examines two applications under Schedule 14 of the Wildlife and Countryside Act 1981 for the addition of claimed footpaths in the grounds of Knowle, the offices of East Devon District Council. The applications have been investigated ahead of a wider public consultation on the overall Definitive Map Review process for the town of Sidmouth with its surrounding former Urban District Council area considered as a parish.

Electoral Division: Sidmouth Sidford

(b) Definitive Map Review 1997-2013: Parish of Georgeham (Part 3)

Report of the Head of Highways, Capital Development and Waste (HCW/13/8 - text only | pdf HCW/13/8) (Page 33) and background papers. This Report examines seven Schedule 14 applications arising from Definitive Map Review in the Parish of Georgeham in the District of North Devon. Eight proposals were previously reported to the March 1999 Committee and a further ten proposals to the September 2002 Committee. The remaining four proposals will be considered at a subsequent Committee meeting.

Electoral Division: Braunton Rural

(c) Definitive Map Review 2012-13: Parish of Berrynarbor - Part One

Report of the Head of Highways, Capital Development and Waste (HCW/13/9 - text only | pdf HCW/13/9) (Page 54) and background papers. The Report examines the first three of six proposals arising out of the Definitive Map Review in the parish of Berrynarbor in North Devon District.

Electoral Division: Combe Martin Rural

(d) Definitive Map Review: Parish of Clayhidon

Report of the Head of Highways, Capital Development and Waste (HCW/13/10 - text only | pdf HCW/13/10) (Page 70) and background papers. The Report examines two anomalies arising from the Definitive Map Review in the Parish of Clayhidon in the District of Mid Devon. The anomalies exist between the Definitive Map and the Definitive Statement for Footpath No. 28 and Footpath No. 31 Clayhidon, where the paths are described in full in the Definitive Statement but only shown in part on the Definitive Map. Consistency must exist between the two.

Electoral Division: Willand Uffculme

(e) Definitive Map Review: Parish of Sandford

Report of the Head of Highways, Capital Development and Waste (HCW/13/11 - text only | pdf HCW/13/11) (Page 79) and background papers. The Report examines the routes referred to as Suggestions 1 and 2 arising out of the Definitive Map Review in the Parish of Sandford in Mid Devon. Suggestions 3 to 9 will be brought to a subsequent committee.

Electoral Division: Newton St Cyres Sandford

6. 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 Hearing: Cruwys Morchard restricted Byway No 5 (Page 92).

(ii) Written Representations: Honiton Footpaths 26 and 10 confirmed with Inspector s modifications (Page 93).

(iii) Written Representations: Kenn Bridleway No. 17, Definitive Map and Statement Modification Order 2011 confirmed with most of the Inspector s modifications upgrading it to a bridleway from footpath, as made originally (Page 94).

(iv) Schedule 14 Application: Deletion of Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh (Page 95).

The progress of an appeal on behalf of the landowners to the Secretary of State against this Committee s decision in November 2011 not to make an Order deleting the footpaths in the above application was reported in 2012. The appeal was determined in May 2012, when an Inspector s decision dismissed it and the County Council was not directed to make an Order deleting the footpaths. That decision was quashed following a successful challenge on behalf of the landowners to the High Court for judicial review.

The appeal was sent back to the Planning Inspectorate for re-determination and a different Inspector dismissed it again in December 2012. That decision has also been quashed following a second successful challenge to the High Court for judicial review. The appeal has been sent back again to the Planning Inspectorate for a second redetermination by another Inspector.

(b) Public Path Orders

(i) Written Representations: Footpath Nos. 3, 4 5, Ringmore 55 Kingston) Public Path Diversion Definitive Map and Statement Modification Order 2011, confirmed on 16th May with Inspector s modifications (Page 96).

(c) Magistrates Court/High Court

(i) Northlew Footpath No.3 Section 56 Highways Act Action Bristol High Court successfully defended (Page 99).

7. Public Path Orders

(a) The following Public Path Order application needs to be determined:

Proposed Diversion: Kings Nympton Footpath No. 2

Report of the Head of Highways, Capital Development and Waste (HCW/13/12 - text only | pdf HCW/13/12) (Page 100) on the outcome of the members site visit agreed at the last meeting. (Min *PR/69(a) refers).

Electoral Division: Chulmleigh Swimbridge

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

(i) Bradworthy Footpath No. 11 - Diversion Modification Order 2012 (Page 112)

(ii) South Milton Footpath No. 2 - Diversion Modification Order 2012 (Page 113)

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), Brook Colthorpe, Dempster, Eastman, Gilbert, Hook, Knight (Vice-Chairman) and Morse

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 Vicky Moffat on 01392 383691 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 Vicky Moffat on 01392 383691.

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 Vicky Moffat on 01392 383691.

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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