Meeting documents

Public Rights of Way

Committee Agenda

Tue Feb 25 2014

Related Documents:
minutes for this agenda

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.

P. NORREY

Chief Executive

A G E N D A

PART I OPEN COMMITTEE

1. Apologies for absence.

2. Minutes of the Committee meeting held on 20 November 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 21 January 2014 attached (Page 3).

5. Definitive Map Review

Parish Reviews

(a) Definitive Map Review

Parish of Sandford

Report of the Head of Highways, Capital Development and Waste (HCW/14/13 - text only | pdf HCW/14/13) (Page 11) and background papers. The report examines the routes referred to as Suggestions 3, 4, 5 and 8 arising out of the Definitive Map Review in the Parish of Sandford in Mid Devon. Suggestions 1, 2, 6, 7 and 9 having been brought to previous committees.

Electoral Division: Newton St Cyres Sandford

(b) Definitive Map Review 2012 14

Parish of Sidmouth Part 3

Report of the Head of Highways, Capital Development and Waste (HCW/14/14 - text only | pdf HCW/14/14) (Page 47)

and background papers. The report examines four proposals in connection with the

Definitive Map Review for the parish of Sidmouth. The proposals relate to five Schedule

14 applications to record eight routes as Byways Open to All Traffic.

Electoral Divisions: Sidmouth Sidford; Ottery St. Mary Rural and Budleigh

(c) Definitive Map Review 2012-14

Parish of Berrynarbor - Part 3

Report of the Head of Highways, Capital Development and Waste (HCW/14/15 - text only | pdf HCW/14/15) (Page 75)

and background papers. The report examines Proposals 5 6 which arose from the

Definitive Map Review in the parish of Berrynarbor in North Devon District and is a

continuation of the reports HCW/13/9 - text only | pdf HCW/13/9 HCW/13/67 - text only | pdf HCW/13/67.

Electoral Division: Combe Martin Rural

(d) Definitive Map Review 2012-14

Parish of Whitchurch

Report of the Head of Highways, Capital Development and Waste (HCW/14/16 - text only | pdf HCW/14/16) (Page 89). This report examines the Definitive Map Review in the Parish of Whitchurch in the District of West Devon.

Electoral Division: Yelverton Rural

(e) Definitive Map Review 1997-2014

Parish of Georgeham - Part 5

Report of the Head of Highways, Capital Development and Waste (HCW/14/17 - text only | pdf HCW/14/17) (Page 93) and background papers. This report examines a claim arising from Definitive Map Review in the Parish of Georgeham in the District of North Devon. A total of twenty six proposals have previously been reported to the Committee at several stages during the parish review.

Electoral Division: Braunton Rural

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

Schedule 14 Applications: addition of claimed footpaths in the grounds of Knowle,

Sidmouth (Page 105).

A report on two applications to record footpaths on several routes in the grounds of

Knowle, Sidmouth, between points E F G H J, G K L M N, H O and F-M shown on

drawing number HTM/PROW/13/29, was presented to the Committee in June 2013.

Members resolved then that no Modification Order should be made for addition of the

routes. An appeal by the applicants against that decision for one of the applications has

been allowed in part and the Secretary of State has directed the County Council to make

an Order adding public footpaths on two of the routes applied for, but not others. The

routes to be added are along the roads providing vehicular access to the East Devon

District Council buildings at Knowle and continuing onto paths in the parkland, between

points E F x and N M L y. They lead to the boundary of land appropriated in 1973 as

public open space managed since then as pleasure grounds and parkland. The direction is

not to record public rights of way on other claimed routes running across that land as it

already has existing rights of public access.

Recommendation: That members note the direction on behalf of the Secretary of

State to make a Modification Order following the appeal decision partially allowed in

respect of the application and give authorisation for an Order to be made adding

the footpaths shown on the lines between points E F x and N M L y on drawing

number HTM/PROW/13/29.

Electoral Division: Sidmouth Sidford

(b) Public Path Orders

Public Hearing: Ottery St Mary Footpath 50a Public Path Creation and Definitive Map

and Statement Modification Order 2012 (Page 107).

7. Public Path Orders

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

(a) Diversion Orders

(i) Footpaths Nos 16 17 Mortehoe Public Path Diversion and Modification Order 2013

(Page 109).

(ii) Footpath No. 23, Sparkwell Public Path Diversion and Modification Order 2013

(Page 111).

(iii) Footpath No. 20 Tiverton Public Path Diversion and Modification Order 2013

(Page 113).

(b) Creation Orders/Agreements

(i) Bridleway No 37, Sparkwell Public Path Creation Agreement 2013 (Page 115).

(ii) Footpath No 48 Buckland Monachorum Creation Agreement 2013 (Page 117).

(iii) Footpath No. 8 Chivelstone Public Path Creation and Modification Order 2013

(Page 119).

(c) Extinguishment Orders

(i) Bridleway Nos 59, 60 and 61 Shaugh Prior and 29, 30 and 31 Sparkwell Public Path

Stopping Up Order 2013 (Page 121).

(ii) Footpath No. 8 Chivelstone Public Path Extinguishment Order 2013 (Page 119).

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.

Induction loop system available

Date Published: Mon Feb 17 2014