Present:-

Councillors Sanders (Chairman), Brook, Eastman, Gilbert, Hook and Morse.

Apologies:-

Councillors Colthorpe, Dempster and Knight.

Member attending in accordance with Standing Order 25:-

Councillors Davis and Squires.

*PR/6 Minutes

RESOLVED that the minutes of the meeting held on 21 June 2013 be signed as a correct record.

*PR/7 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 8 October 2013.

The Head of Highways, Capital Development and Waste reported that the Devon Countryside Access Forum was currently looking to fill seven vacancies in the New Year and the Council would encourage any interested parties to contact the Public Rights of Way Team for an application form and more information.

*PR/8 Draft Deregulation Bill

The Committee received the report of the Head of Highways, Capital Development and Waste (HCW/13/65 - text only | pdf HCW/13/65) outlining recent proposals for changes to the legislative framework and procedures under the Government s Draft Deregulation Bill.

The Committee raised concerns over the impact these proposed changes would have on the Council s already limited resources. The Head of Service confirmed that proposed changes which could result in additional applications and new statutory duties would likely have cost and resource implications for the Council. However the Draft Bill also made provision for the recovery of some costs, and proposed to remove the requirement for local authorities to advertise orders in local newspapers. The Head of Service confirmed that the Council would take part in the formal consultation process, including via the Local Government Association, and would endeavour to keep the Committee up to date with the progression of the Bill.

The Chairman advised the Committee that the Leader of the Council had planned to brief local MPs on this matter.

*PR/9 Definitive Map Reviews

(a) Definitive Map Review 1997-2013: Parish of Georgeham (Part 4)

(Mrs Long attended the meeting under the Council s Public Participation Scheme and spoke to this item in support of the Modification Order in respect of Proposal 28).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/66 - text only | pdf HCW/13/66) and background papers examining two Schedule 14 applications arising from the Definitive Map Review.

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

RESOLVED that no Modification Orders be made in respect of Proposals 22 and 28, as shown on drawings HTM/PROW/13/48 and HTM/PROW/13/54.

(b) Definitive Map Review 2012/13: Parish of Berrynarbor (Part 2)

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

(Mr Martin, on behalf of the land owners at Venture Cottage, also attended the meeting under the Council s Public Participation Scheme and spoke to this item against the Modification Order).

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

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/67 - text only | pdf HCW/13/67) and background papers examining the third proposal arising out of the Definitive Map review in the Parish of Berrynarbor.

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

RESOLVED that no Modification Order be made in respect of Proposal 3, as shown on drawing number HTM/PROW/13/70.

(c) Definitive Map Review: Parish of Sidmouth

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/68 - text only | pdf HCW/13/68) and background papers examining six proposals in connection with the Definitive Map Review in the Parish of Sidmouth.

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

RESOLVED

(i) that a Modification Order be made in respect of Proposal 1: addition of Footpath No. 40a from the Sidmouth-Ottery St Mary road to Footpath No.12 Newton Poppleford and Hartford at the parish boundary in Harpford Wood, points A-B shown on drawing number HTM/PROW/13/27;

(ii) that a Modification Order be not made in respect of unrecorded routes Proposals 8, 9 and 10 from Malden Road, Primley Gardens and Livonia Road to Footpath No. 53 with the cycleway on the Byes, points B1-C1, D1-E1 and F1-G1 shown on drawings numbered HTM/PROW/13/34, /35 and /36, but to consider recording them as linking footways in the network of maintainable highways;

(iii) that a Modification Order be not made in respect of unrecorded route Proposal 13 from the north end of Kestell Road to Hillside Road, points M1 N1 shown on drawing number HTM/PROW/13/27;

(iv) that a Modification Order be not made in respect of unrecorded route Proposal 14 from Peaslands Road to Upper Highfield, points O1 P1 shown on drawing number HTM/PROW/13/27.

(d) Definitive Map Review: Parish of Sandford

(Councillor Squires 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/13/69 - text only | pdf HCW/13/69) and background papers examining the routes referred to as Suggestions 6, 7 and 9 arising out of the Definitive Map Review in the Parish of Sandford.

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

RESOLVED

(i) that an Order be made to modify the Definitive Map and Statement for the addition of a Restricted Byway A - B as shown on drawing number HCDW/PROW/13/14a (Suggestion 6);

(ii) that an Order be made to modify the Definitive Map and Statement for the addition of a Restricted Byway A - G to as shown on drawing number HCDW/PROW/15a (Suggestion 7);

(iii) that an Order be made to modify the Definitive Map and Statement for the addition of a Bridleway A - B as shown on drawing number HCDW/PROW/17a (Suggestion 9).

(e) Schedule 14 Application: Addition of Footpath at Church Field, Highweek

(Councillor Hook declared a personal interest in this item by virtue of being a Member of Teignbridge District Council).

(Mrs Harle attended the meeting under the Council s Public Participation Scheme and spoke to this item against the Modification Order).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/13/70 - text only | pdf HCW/13/70) and background papers examining the Schedule 14 application made for the addition of public foothpath/s between Church Field, Footpath No 15, Newton Abbot and Blenheim Close in the parish of Newton Abbot.

The Head of Service also reported that the local County Councillor had referred to the Schedule 14 application at a meeting of Newton Abbot Town Council and had received no communication from members of the public on the issue.

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

RESOLVED that no Order be made to modify the Definitive Map and Statement for the addition of a footpath from Highweek Church to Blenheim Close as shown on drawing number HCDW/PROW/13/76, but that negotiations be undertaken with the landowners for the dedication of the permissive footpath from D to H as a public right of way.

*PR/10 Public Inquiry: Schedule 14 Application - Deletion of Public Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh (Part 2)

The Committee considered the joint report of the County Solicitor and Head of Highways, Capital Development and Waste (HCW/13/71 - text only | pdf HCW/13/71). This report concerns a Schedule 14 application to delete footpaths recorded on the Definitive Map in the parishes of Northleigh, Farway, Colyton and Southleigh as the result of a public inquiry in 2008. A report on investigation of the evidence supporting the application was considered by this Committee in November 2011, with a decision not to make a Modification Order deleting the footpaths. An appeal to the Planning Inspectorate against that decision has been allowed and the County Council has been directed to make an Order for deletion of the footpaths.

The Chairman advised the Committee that the local County Councillor supported the deletion of the footpaths.

RESOLVED that the report and recommended action therein be approved.

*PR/11 Modification Orders

The Committee noted that the following Modification Orders had been confirmed as unopposed:

(a) Poughill Footpath 2 Definitive Map Modification Order/s 2012;

(b) Cruyws Morchard Restricted Byway No 5 and Tiverton Restricted Byway No 38 Definitive Map Modification Order/s 2011.

*PR/12 Public Path Orders

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

(i) Footpaths 18, 22, 23, 24 Mortehoe 2013;

(ii) Footpaths 2, 15a, 25 Mortehoe 2013;

(iii) Bridleway 6, Georgeham 2013;

(iv) Footpath 7, Cornworthy 2013.

And that the following Creation Agreements had also been made:

(i) Tavistock Footpath 30 Creation Agreement 2013;

(ii) Sandford Footpath No 47 Creation Agreement 2013.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00 pm and finished at 4.15 pm

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