Present:-

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

Apologies:-

Councillors Eastman and Gilbert.

*PR/20 Announcement

The Chairman welcomed Mrs Saltmarsh who was attending the meeting in her capacity as

a Co-opted Member of the Council's Standards Committee to observe and monitor

compliance with the Council s ethical governance framework.

*PR/21 Minutes

RESOLVED that the minutes of the meeting held on 25 February 2014 be signed as a correct record.

*PR/22 Training

The Chairman had decided that the Committee should consider this item as a matter of urgency in order that Members may be appraised of Documentary Evidence training on 29 September at the Devon Records Office.

*PR/23 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 1 May 2014.

*PR/24 Storm Damage Update

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/48 - text only | pdf HCW/14/48) outlining the damage to the Public Rights of Way network across the County from severe weather, resulting in numerous sections requiring temporary closure or diversion. The Report also outlined the protocol for temporary closures and a proposal for prioritising the repair/diversion of routes that have been closed on public safety grounds.

In response to Members questions the Head of Service advised the Committee that:

a reasonable alternative route may in some cases be a quiet minor road;

the economic impact of a route closure was partly assessed by taking into account evidence provided by the local community;

the promotion of local Members valuable role in negotiating potential alternative routes with landowners would be highlighted, through discussions with officers and through the Local Members Bulletin;

the attractiveness of the South West Coast Path indeed being a coastal route was recognised and taken into account when planning route repairs and diversions where possible, but factors such as the likelihood of future erosion of coastal land had also to be taken into account.

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

RESOLVED

(a) that the impact of storm damage to the Public Rights of Way network over the last two years be noted;

(b) that the criteria for prioritising repair (or otherwise) of routes subject to temporary closures as a result of extreme weather events, be supported.

*PR/25 Definitive Map Reviews

(a) Definitive Map Review: Parish of Buckland Monachorum

The Committee received the report of the Head of Highways, Capital Development and Waste (HCW/14/49 - text only | pdf HCW/14/49) and background papers examining four proposals arising from the Definitive Map Review in the Parish of Buckland Monachorum.

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

RESOLVED

(i) that a Modification order be made to modify the Definitive Map and Statement by deleting part of Footpath No. 38, between points I J K as shown on drawing HCW/PROW/14/12 (Proposal 3).

(ii) that a Modification order be made to modify the Definitive Map Statement by adding a public footpath between points V W as shown on drawing HCW/PROW/14/15 (Proposal 6);

(iii) that no Modification Orders be made in respect of Proposals 4 and 5.

(b) Definitive Map Review: Parish of Combe Martin Part 2

The Committee received the report of the Head of Highways, Capital Development and Waste (HCW/14/50 - text only | pdf HCW/14/50) and background papers examining Proposals 9, 10 and 11 of 24 proposals arising from the Definitive Map Review in the Parish of Combe Martin.

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

RESOLVED

(i) that a Modification order be made to modify the Definitive Map and Statement by upgrading Footpath No. 16, Combe Martin to a bridleway between points A-BC-

D as shown on drawing number HMT/PROW/14/58 (Proposal 9);

(ii) that a Modification order be made to modify the Definitive Map and Statement by upgrading Footpath No. 17, Combe Martin to a bridleway between points E-BC-F as shown on drawing number HMT/PROW/14/58 (Proposals 10 and 11);

(iii) that a Modification order be made to modify the Definitive Map and Statement by upgrading Footpath No. 18 to a bridleway between points G-F-H drawing number HMT/PROW/14/58 (Proposal 12).

(c) Definitive Map Review 2006-14: Parish of Dunkeswell

The Committee received the report of the Head of Highways, Capital Development and Waste (HCW/14/51 - text only | pdf HCW/14/51) examining the Definitive Map Review in the Parish of Dunkeswell.

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

RESOLVED that no Modification Orders be made in respect of the Definitive Map Review for Dunkeswell parish.

(d) Definitive Map Review: Parish of Chawleigh Part 1

The Committee received the report of the Head of Highways, Capital Development and Waste (HCW/14/52 - text only | pdf HCW/14/52) and background papers examining two proposals arising from the Definitive Map Review in the Parish of Chawleigh.

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

RESOLVED

(i) that a Modification Order be made to modify the Definitive Map and Statement by adding a bridleway along Stone Barton Lane between points A B C as shown on drawing number HCW/PROW/14/19a (Proposal 2);

(ii) that no Modification Order be made to modify Footpath No. 18, Chawleigh on the Definitive Map and Statement but that the path s north east spur remains as currently recorded between points A B as shown on drawing number HCW/PROW/14/22a (Proposal 5).

(e) Definitive Map Review 2012-14: Parish of Sidmouth Part 4

The Committee received the report of the Head of Highways, Capital Development and Waste (HCW/14/53 - text only | pdf HCW/14/53) and background papers examining five proposals in connection with the Definitive Map Review for the Parish of Sidmouth, to complete the review process in the parish. The proposals relate to the claimed addition of footpaths and bridleways on unrecorded routes, three in parts of the town of Sidmouth and two in other areas of the parish to the east and north of the town, as shown on each of the maps.

The Head of Service reported that representations had been received from local Members Councillor S Hughes and Councillor Wright in support of the proposals.

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

RESOLVED

(i) that a Modification Order be made to modify the Definitive Map and Statement by adding a footpath between Salcombe Road and Newtown, points C D shown on drawing number HTM/PROW/13/28 (Proposal 2);

(ii) that a Modification Order be made to modify the Definitive Map and Statement by adding a bridleway on Chelson Lane at Voggis Hill Farm, points X Y shown on drawing number HTM/PROW/13/32 (Proposal 6);

(iii) that a Modification Order be made to modify the Definitive Map and Statement by adding a footpath from Malvern Road to Winslade Road, points K1 L1 shown on drawing number HTM/PROW/13/38 (Proposal 12);

(iv) that no Modification Orders be made in respect of Proposals 7 and 11.

*PR/26 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

The Committee noted that the following decision had been received from the Secretary of State:

Public Inquiry: Footpath No. 48, Hemyock Definitive Map Modification Order 2012 confirmed.

*PR/27 Modification Orders

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

(a) Footpath Nos 28 and 31, Clayhidon Definitive Map Modification Order 2013

(b) Restricted Byway No. 16, Holbeton Definitive Map Modification Order 2011

(c) Footpath Nos 36, 42, 43 and 44, Newton and Noss Definitive Map Modification Order 2013

(d) Footpath Nos. 21 and 45, Newton and Noss Definitive Map Modification Order 2013

(e) Footpath No. 46, Newton and Noss Definitive Map Modification Order 2013

(f) Footpath Nos. 47, 48 and 49, Newton and Noss Definitive Map Modification Order 2013

(g) Footpath No. 50, Newton and Noss Definitive Map Modification Order 2013

(h) Footpath No. 52, Newton and Noss Definitive Map Modification Order 2013

(i) Footpath No. 28, Newton and Noss Definitive Map Modification Order 2013

(j) Footpath No. 16, Newton and Noss Definitive Map Modification Order 2013

(k) Footpath No. 6, Cheriton Fitzpaine Definitive Map Modification Order 2013

(l) Footpath No. 14, Cheriton Fitzpaine Definitive Map Modification Order 2013

*PR/28 Public Path Orders

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

(a) Diversion Orders

(i) Footpath Nos. 17, 18, 21 and 22 and Bridleway No. 35, Sparkwell Public Path Stopping Up and Diversion Order 2014.

(ii) Footpath No 4, Aylesbeare Public Path Diversion and Definitive Map and Statement Modification Order 2012.

(iii) Footpath No. 21, Morthoe and Bridleway No. 5, Morthoe Public Path Diversion and

Definitive Map and Statement Modification Order 2014.

(b) Creation Orders/Agreements

(i) Bridleway No 41, Sourton and Bridleway No. 52, Okehampton Hamlets Public Path Creation Agreement 2014.

(ii) Bridleway No. 39, Sparkwell Public Path Creation Agreement 2014 attached.

(iii) Bridleway No. 40 Sparkwell Public Path Creation Agreement 2014 attached.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00 pm and finished at 3.15 pm

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