Present:-

Councillor Sanders (Chairman), Dempster, Eastman, Gilbert, Knight and Morse

Apologies:-

Councillors Brook, Colthorpe and Hook

Member attending in accordance with Standing Order 25:-

Councillor Edgell

*PR/1 Minutes

RESOLVED that the minutes of the former Committee held on 28 February 2013 be signed as a correct record.

*PR/2 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 23 April 2013.

*PR/3 Definitive Map Reviews: Parish Reviews

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

(Councillor Knight declared a disclosable pecuniary interest in this matter by virtue of being a member of East Devon District Council and withdrew from the meeting during its consideration).

(Mr Cohen, on behalf of the landowners East Devon District Council, also attended the meeting under the Council s Public Participation Scheme and spoke on this item against the Modification Order.)

(Mrs Harbour attended the meeting under the Council s Public Participation Scheme and spoke to this item in support of the Modification Order and Mr Raby also attended and spoke in support of the Modification Order).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/7 - text only | pdf HCW/13/7) and background papers on two applications under Schedule 14 of the Wildlife and Countryside Act 1981, for the addition of claimed footpaths in the grounds of Knowle, Sidmouth in East Devon.

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

RESOLVED that no Modification Order be made in respect of Proposal 3, Schedule 14 applications for claimed additional footpaths in the grounds of Knowle, Sidmouth.

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

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/8 - text only | pdf HCW/13/8) and background papers on six Schedule 14 applications arising from a Definitive Map Review in the Parish of Georgeham in North Devon, noting that proposal 25 plan no. was HTM/PROW/13/51 and report should refer to N.O.P.

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

RESOLVED that it be noted that the Definitive Map Review had been completed in the parish of Georgeham and no modifications were required.

(c) Definitive Map Review 2012-13: Parish of Berrynarbour (Part 1)

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/9 - text only | pdf HCW/13/9) and background papers on two of six proposals arising from the Definitive Map Review in the Parish of Berrynarbour in North Devon and circulated an amended copy of the relevant map relating to Proposal 1.

The Chairman reported that Proposal 3, which recommended that no order be made to add a footpath as shown on drawing number HTM/PROW/13/70, would be dealt with at a subsequent meeting upon legal clarification of the issues.

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

RESOLVED

(i) that no order be made to add a bridleway as shown on drawing number HTM/PROW/13/68 (Proposal 1);

(ii) that a Modication Order be made to upgrade Footpath No 13 to a bridleway as shown on drawing number HTM/PROW/13/69 (Proposal 2).

(d) Definitive Map Review : Parish of Clayhidon

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/10 - text only | pdf HCW/13/10) and background papers on two anomalies arising from the Definitive Map Review in the Parish of Clayhidon in Mid Devon, showing inconsistencies relating to Foothpath No. 28 and Footpath No. 31 Clayhidon between the Definitive Map and the Definitive Statement.

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

RESOLVED that Modification Orders be made to amend the Definitive Map to be consistent with the Definitive Map Statement for Footpath No. 28, Clayhidon and Footpath No.31, Clayhidon.

(e) Definitive Map Review: Parish of Sandford

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/11 - text only | pdf HCW/13/11) and back ground papers examining suggestions arising out of the Definitive Map Review in the Parish of Sandford 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. 21, Sandford, to confirm that the route of the footpath continues across Coombe Lancey Lane to Footpath No. 22, Sandford A B as shown on drawing number HTM/PROW/13/9 (Suggestion 1).

(ii) that an Order be made to modify the Definitive Map and Statement to vary the particulars of Footpath No. 4, Sandford to confirm that the route of the footpath continues north westwards to connect with the country road at Lower New Buildings A B C as shown on drawing number HTM/PROW/13/10 (Suggestion 2)..

*PR/4 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

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

(a) Modification Orders

(i) Public Hearing: Cruwys Morchard restricted Byway No 5 confirmed as made.

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

(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.

(iv) Schedule 14 Application: Deletion of Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh; re-determination of appeal would be reported to a future Committee.

(b) Public Path Orders

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.

(c) Magistrates Court/High Court

Northlew Footpath No.3 Section 56 Highways Act Action Bristol High Court successfully defended.

*PR/5 Public Path Orders

(a) Proposed Diversion: Footpath No. 2, Kings Nympton

(Councillor Edgell attended in accordance with Standing Order 25(2) and spoke to this item).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/12 - text only | pdf HCW/13/12) and background papers on the outcome of the members site visit. The Head of Service reported receipt of a letter from Kings Nympton Parish Council objecting to the proposal.

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

RESOLVED that a Public Path Diversion and Definitive Map and Statement Modification Order be made to divert Footpath No. 2, Kings Nympton from the line A - B to the line A C B as shown on drawing no. HTM/PROW/11/83B and that if there are no objections, or if such objections are made and subsequently withdrawn, it be confirmed as an unopposed order.

(b) Diversion Orders

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

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

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

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00 pm and finished at 4.00 pm

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