Present:-

Councillors Sanders (Chairman), Colthorpe, Dempster, Eastman, Gilbert, Hook, Knight and Morse.

[NB: Councillor Gilbert present up to and including PR/16].

Apologies:-

Councillor Brook.

Members attending in accordance with Standing Order 25:-

Councillors Squires and Wright.

*PR/13 Minutes

RESOLVED that the minutes of the meeting held on 20 November 2014 be signed as a correct record.

*PR/14 Matters of Urgency

(An item taken under Section 100B(4) of the Local Government Act 1972).

(a) Deregulation Bill

The Chairman had decided that the Committee should consider this item as a matter of urgency in order that Members be apprised of the progress of the Deregulation Bill.

The Head of Highways, Capital Development and Waste reported that the Bill was before the House of Commons and had reached the Committee stage. The Head of Service advised that Officers will bring any issues arising from the Bill to the Committee s attention.

(b) Weather Damage to the South West Coast Path

The Chairman had decided that the Committee should consider this item as a matter of urgency in order that Members be apprised the damage caused to Devon sections of the Coast Path and riverside routes, by recent weather events.

The Head of Highways, Capital Development and Waste reported that the severe weather over recent weeks had caused a great deal of damage to many sections of the Coast Path, including the path adjacent to the railway line at Dawlish which was currently closed, land slips on the Undercliff between Axmouth and Lyme Regis, damage to sections of the path from Exmouth to Budleigh, at Hope Cove and Dartmouth, Mortehoe and Clovelly, and the Goat Walk in Topsham and many riverside routes.

Officers were consulting with land owners, the Environment Agency, Natural England and other relevant parties to prioritise resources and look at innovative ways of responding to the damage caused.

In response to Members questions, the Head of Service confirmed that Belwin funding was only available for eligible routes, but this would be utilised where possible.

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

RESOLVED that a report on the damage caused to the Coast Path and Public Rights of Way network and consequent repairs be brought to the next meeting of this Committee.

*PR/15 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 21 January 2014.

*PR/16 Definitive Map Reviews

(Councillor Colthorpe declared a personal interest in this item by virtue of being a member of the British Horse Society).

(a) Definitive Map Review: Parish of Sandford

(Councillor Squires attended under Standing Order 25 and spoke to this item).

(Mr Bell attended the meeting under the Council s Public Participation scheme and spoke to this item in support of the Modification Order in relation to Suggestion 8).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/13 - text only | pdf HCW/14/13) and background papers examining 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.

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

RESOLVED

(i) that an Order be made to modify the Definitive Map and Statement for the addition of a Restricted Byway as shown on drawing number HCW/PROW/13/11A between points A - B - C (Suggestion 3);

(ii) that an Order be made to modify the Definitive Map and Statement for the addition of a Restricted Byway as shown on drawing number HCW/PROW/13/12A between points C - F - G (Suggestion 4);

(iii) that an Order be made to modify the Definitive Map and Statement for the addition of a Restricted Byway as shown on drawing number HCW/PROW/13/12A between points C - D - E (Suggestion 5);

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

RESOLVED

(iv) that an Order be made to modify the Definitive Map and Statement for the addition of and upgrading of Footpath No. 5, Upton Hellions to a Bridleway as shown on drawing number HCW/PROW/13/16A between points A - H - B - C - D E (Suggestion 8 part).

(b) Definitive Map Review 2012-14: Parish of Sidmouth Part 3

(Councillor Wright attended under Standing Order 25 and spoke to this item).

(Mr Hockey attended the meeting under the Council s Public Participation scheme and spoke to this item against the Modification Order in relation to Proposal 16).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/14 - text only | pdf HCW/14/14) and background papers examining four proposals in connection with the Definitive Map Review for the parish of Sidmouth. The proposals related to five Schedule 14 applications to record eight routes as Byways Open to All Traffic.

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

RESOLVED

(i) that no Modification Order be made in respect of Proposal 4: Schedule 14 applications claimed upgrade of Bridleways 19 21, Sidmouth and Bridleways 23 24, Otterton on Mutter s Moor to Byways Open to All Traffic, points P Q R S and T U shown on drawing number HTM/PROW/13/30;

(ii) that no Modification Order be made in respect of Proposal 5: Schedule 14 application claimed upgrade of Bridleway 156, Sidmouth on East Hill to Byway Open to All Traffic, points V W shown on drawing number HTM/PROW/13/31;

(iii) that no Modification Order be made in respect of Proposal 15: Schedule 14 application claimed upgrade of Bridleway 39, Sidmouth Bridleway 83, Ottery St. Mary across Beacon Hill/Harpford Common to Byways Open to All Traffic, points Q1 R1 shown on drawing number HTM/PROW/13/87;

(iv) that no Modification order be made in respect of Proposal 16: Schedule 14 application claimed addition of Byway Open to All Traffic, track at Fire Beacon Lane, points S1 T1 shown on drawing number HTM/PROW/13/88.

(c) Definitive Map Review 2012-14: Parish of Berrynarbour Part 3

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/15 - text only | pdf HCW/14/15) and background papers examining 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.

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

RESOLVED

(i) that no Modification Order be made in respect of Proposal 5, as shown on drawing number HTM/PROW/14/3;

(ii) that no Modification Order be made in respect of Proposal 6, as shown on drawing

no. HTM/PROW/14/4.

(d) Definitive Map Review 2012-14: Parish of Whitchurch

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/16 - text only | pdf HCW/14/16) examining the Definitive Map Review in the Parish of Whitchurch in the District of West Devon.

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

RESOLVED that no Modification Order be made to modify the Definitive Map and Statement.

(e) Definitive Map Review 1997-2014: Parish of Georgeham Part 5

(Councillor Hook declared a personal interest in this item by virtue of being a member of the National Trust).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/17 - text only | pdf HCW/14/17) and background papers examining a claim arising from Definitive Map Review in the Parish of Georgeham in the District of North Devon.

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

RESOLVED that no Modification Order be made in respect of Proposal 11, as shown on drawing HTM/PROW/13/46, but that other options will be considered for the creation of a public footpath, through negotiation with the landowners.

*PR/17 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

(a) Modification Order

(Councillor Knight declared a personal interest in this item by virtue of being a Member of East Devon District Council).

The Head of Highways, Capital Development and Waste reported that following the decision of this Committee in June 2013 in relation to claimed footpaths in the grounds of Knowle, Sidmouth, an appeal had been made by the applicants against the decision. The Secretary of State had subsequently directed the Council to make an Order adding footpaths on two of the routes applied for. The routes to be added were along the roads providing vehicular access to 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 led to the boundary of land appropriated in 1973 as public open space managed since then as pleasure grounds and parkland. The direction was not to record public rights of way on other claimed routes running across that land as it already has existing rights of public access.

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

RESOLVED that the direction of the Secretary of State be noted and a Modification Order in respect of the application 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.

*PR/18 (b) Public Path Orders

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

and Statement Modification Order 2012.

*PR/19 Public Path Orders

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

(a) Diversion Orders

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

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

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

(b) Creation Orders/Agreements

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

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

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

(c) Extinguishment Orders

(i) Bridleway Nos 59, 60 and 61 Shaugh Prior and 29, 30 and 31 Sparkwell Public Path Stopping Up Order 2013.

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

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00 pm and finished at 3.45 pm

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