Present:-

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

Apologies:-

Councillor Brook

Also in Attendance

Councillors Greenslade, Prowse and Squires

*PR/29 Minutes

RESOLVED that the minutes of the meeting held on 19 June 2014 be signed as a correct record.

*PR/30 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 7 October 2014.

The Chairman paid tribute to the contribution made to the Forum by the late Mrs Julie Rudge, who had recently passed away.

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

RESOLVED that the Neighbourhood Plan position statement be circulated electronically to all Members to distribute to their Parish and Town Councils.

*PR/31 Definitive Map Reviews

(a) Parish Reviews

(i) Definitive Map Review 2014

Parish of Sheldon

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/83 - text only | pdf HCW/14/83) and background papers available prior to and at the meeting examining two proposals arising from an application for the claimed upgrade of a recorded bridleway to Byway Open to All Traffic and an unrecorded missing link between two recorded footpaths.

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

RESOLVED

(A) that a Modification Order be not made in respect of the claimed upgrade of Bridleway No. 10, Sheldon on Church Lane to Byway Open to All Traffic, points A B shown on drawing number HTM/PROW/14/105 (Proposal 1);

(B) that a Modification Order be made to modify the Definitive Map and Statement by adding a footpath between Footpaths 2 3, Sheldon on Landcroft Lane, points C D shown on drawing number HTM/PROW/14/107 (Proposal 2).

(ii) Definitive Map Review

Parish of Chawleigh (Part 2)

(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/14/84 - text only | pdf HCW/14/84) and background papers available prior to and at the meeting examining further proposals arising from the Definitive Map Review in the parish of Chawleigh. Proposals 2 and 5 were previously considered at Committee in June 2014 and proposals 3 (Footpath No 12) and 4 (Footpath No 14) will be presented at Committee in February 2015. Proposal 6 concerned a proposed extinguishment via a Public Path Order and will be considered under delegated powers.

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

RESOLVED

(A) that a Modification Order be made to modify the Definitive Map and Statement by adding a bridleway along Cloepark Lane between points A B C as shown on drawing number HCW/PROW/14/18a (Proposal 1);

(B) that a Modification Order be not made to modify the Definitive Map and Statement by adding a Restricted Byway along Back Lane between points C D as shown on drawing number HCW/PROW/14/25a (Proposal 7).

(b) Schedule 14 Applications

(i) Addition of a footpath between Streatham Rise and Streatham Drive, Exeter

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

Mr Stead, on behalf of the applicant attended the meeting under the Council s Public Participation Scheme and spoke to this item in support of the Modification Order).

(Mr Attwell of Exeter University attended and spoke to this item against of the Modification Order).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/14/85 - text only | pdf HCW/14/85) and background papers available prior to and at the meeting examining an application made in 2013 under Schedule 14 of the Wildlife and Countryside Act 1981 to add a Footpath to the Definitive Map and Statement.

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a Footpath between the county roads Streatham Rise and Streatham Drive between points A B as shown on drawing number HCW/PROW/14/79a.

(ii) Variation of Footpath No. 3, Northlew

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

The Committee received the report of the Head of Highways, Capital Development Waste (HCW/14/86 - text only | pdf HCW/14/86) and background papers available prior to and at the meeting examining a Schedule 14 application made in 2009 to delete part of Footpath No. 3, Northlew across land at Glebe Yard between points A B and add part over an alternative alignment between points C B. The application was received following the completion of the Parish Review in Northlew and was therefore deferred pending completion of the parish-by-parish review in the rest of the district, in line with County Council policy. However, Devon County Council has now been directed by the Secretary of State to determine the application out-of-turn.

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

RESOLVED that a Modification Order be not made in respect of the schedule 14 application for the deletion and addition of Footpath No. 3, Northlew, as shown on drawing number HCW/PROW/14/28.

(iii) Addition of footpath at Bradiford, Barnstable

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

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

(The Committee also acknowledged representations made on behalf of Mrs Long in support of the Modification Order, who was not present at that time).

The Committee received the report of the Head of Highways, Capital Development Waste (HCW/14/87 - text only | pdf HCW/14/87) and background papers available prior to and at the meeting examining a Schedule 14 application made in 2013 to add a footpath near Bradiford Water running between Windsor Road and Shearford Lane between points A B C. The parish-by-parish Review of the Definitive Map in Barnstaple was completed between 2009 and 2011. This application was therefore deferred pending completion of the parish-by-parish review in the rest of the district, in line with County Council policy. However, its contentious circumstances meets one of the exceptions set out in the Council s Rights of Way Improvement Plan and consequently the decision was taken to determine the application out-of-turn.

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

RESOLVED that a Modification Order be not made in respect of the schedule 14 application for the addition of a footpath between the points A B C, as shown on drawing number HCW/PROW/14/34.

*PR/32 Modification Orders

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

(a) Restricted Byway No. 48, Sandford Definitive Map Modification Order 2014;

(b) Restricted Byway No. 49, Sandford Definitive Map Modification Order 2014;

(c) Restricted Byway No. 51, Sandford Definitive Map Modification Order 2014;

(d) Bridleway No. 54, Sandford Definitive Map Modification Order 2014;

(e) Footpath No. 40a, Sidmouth Definitive Map Modification Order 2014.

*PR/33 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 No. 1 and Bridleway No. 7, Whitchurch Public Path Diversion and Definitive Map and Statement Modification Order 2014;

(ii) Footpath No. 1 George Nympton and 10, South Molton Public Path Diversion and Definitive Map and Statement Modification Order 2014;

(iii) Footpath Nos. 11, 12, 14 and 14a, Mortehoe and Footpath No. 42, Ilfracombe Public Path Diversion and Definitive Map and Statement Modification Order 2014;

(iv) Footpath No. 4, Sparkwell Public Path Diversion and Definitive Map and Statement Modification Order 2014;

(v) Footpath No. 5, Ermington Public Path Diversion and Definitive Map and Statement Modification Order 2014;

(vi) Footpath Nos. 2, 3, 10 and 16, Arlington Public Path Diversion and Definitive Map and Statement Modification Order 2014.

(b) Creation Orders/Agreements

(i) Footpath Nos. 129 and 132, Ilfracombe creation agreement 2014;

(ii) Bridleway Nos. 1a, Dartmouth and 18, Stoke Fleming creation agreement 2014;

(iii) Footpath Nos. 7, 8, 12, 13 and 15, Mortehoe Public Path Creation and Definitive Map and Statement Modification Order 2014.

(c) Extinguishment Orders

Footpath Nos. 7, 8, 12 and 13, Mortehoe Public Path Extinguishment and Definitive Map and Statement Modification Order 2014.

*PR/34 Future Meetings

Thursday 26 February 2015, Wednesday 24 June 2015, Thursday 26 November 2015 and Thursday17 March 2016, all at 2pm at the Committee Suite, County Hall.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00 pm and finished at 3.55 pm

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