Meeting documents

Public Rights of Way

Committee Agenda

Wed Jun 24 2015

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 26 February 2015 (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 April 2015 attached (Page 1).

5. Asset Management and Enforcement

Public Rights of Way and Unclassified County Roads (uUCRs) Inspection Cycle

Report of the Head of Highways, Capital Development and Waste (HCW/15/37 - text only | pdf HCW/15/37) attached

(Page 11). Devon County Council s Public Rights of Way Wardens are responsible for

inspection, maintenance and enforcement on 5,000 kilometres of public rights of way

(PROW), 42 kilometres of permissive paths, 225 kilometres of recreational trails (off road

cycle walking and multi use trails) and 563 kilometres of unsurfaced Unclassified County

Roads (uUCRs).

Electoral Divisions: All

6. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-15

Parish of Combe Raleigh (part 1), with part of Awliscombe Parish

Report of the Head of Highways, Capital Development and Waste (HCW/15/38 - text only | pdf HCW/15/38) attached (Page 15) and background papers. This report examines proposals arising out of the Definitive Map Review in the parish of Combe Raleigh in East Devon district. It concerns the investigation of one application made to add a claimed Byway Open to All Traffic and other applications to add claimed public footpath routes in the parish, which include a crossing into the adjoining parish of Awliscombe.

Electoral Division: Honiton St Paul's

(ii) Definitive Map Review

Parish of Clayhidon (part 1)

Report of the Head of Highways, Capital Development and Waste (HCW/15/39 - text only | pdf HCW/15/39) attached (Page 51). This first report for Clayhidon parish examines two proposals arising from the Definitive Map Review in the parish of Clayhidon. Proposals 2, 3, 5 6 will be considered at a subsequent committee meeting.

Electoral Division: Willand Uffculme

(iii) Definitive Map Review

Parish of Bere Ferrers (part 2)

Report of the Head of Highways, Capital Development and Waste (HCW/15/40 - text only | pdf HCW/15/40) attached (Page 75) and background papers. This is the second report arising from the Definitive Map Review in the parish of Bere Ferrers and examines four proposals.

Electoral Division: Yelverton Rural

(b) Schedule 14 Application

Addition of a restricted byway in the parish of Berrynarbor

Report of the Head of Highways, Capital Development and Waste (HCW/15/41 - text only | pdf HCW/15/41) attached

(Page 105) and background papers. The report examines an application made in February 2014 under Schedule 14 of the Wildlife and Countryside Act 1981, to add a Restricted Byway to the Definitive Map and Statement for Berrynarbor in North Devon District area.

Electoral Division: Combe Martin Rural

7. 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) Written representations: Footpath No. 2, King's Nympton Public Path Order confirmed with minor modification (Page 131).

(b) Footpath No 3,Northlew Schedule 14 Appeal Direction

The Application dated 14 July 2009 was refused by Devon County Council on 14 November 2014 (HCW/14/86 - text only | pdf HCW/14/86). The Appellants claimed that the definitive map and statement of public rights of way should be modified by deleting part of footpath 3 Northlew (shown B X A on plan HCDW/PROW/14/2APP) and that a footpath (shown B C) should be added (Page 132). Summary of Decision: The Appeal is dismissed.

(c) Modification Orders

The following Modification Orders have been confirmed as unopposed:

(i) Footpath No. 70, Exeter Definitive Map Modification Order 2014 (Page 133)

(ii) Footpath No. 175, Sidmouth Definitive Map Modification Order 2014 (Page 134)

8. Public Path Orders

Diversion Orders

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

(a) Diversion Orders

(i) Footpath No. 31, Buckland Monachorum Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 135)

(ii) Footpath No. 1, Rose Ash Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 136)

(iii) Footpath No. 3, Buckland Monachorum Public Path Diversion and Definitive Map and Statement Modification Order 2015 (Page 137)

(iv) Footpath No. 6, Holsworthy Hamlets Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 138)

(v) Footpath Nos. 11, 12, 13, 14 and 15, Holbeton Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 139)

(vi) Footpath No. 12, Uplyme Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 143)

(b) Creation Orders/Agreements

(i) Bridleway No. 5 and Footpath No. 6a, West Anstey and Bridleway No. 34, Molland Public Path Creation and Definitive Map and Statement Modification Order 2014 (Page 144)

(ii) Footpath Nos 10 and 18, Stokenham Public Path Creation and Definitive Map and Statement Modification Order 2015 (Page 146)

(c) Extinguishment Orders

(i) Bridleway No. 5 and Footpath No. 6a, West Anstey and Bridleway No. 34, Molland Public Path Extinguishment and Definitive Map and Statement Modification Order 2014 (Page 147)

(ii) Footpath Nos 10 and 18, Stokenham Public Path Extinguishment and Definitive Map and Statement Modification Order 2015 (Page 146)

9. Date of Future Meetings

Thursday 26 November 2015 and Thursday17 March 2016.

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.

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 Church 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 Church 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 Church on 01392 383691.

Webcasting and Reporting of Meetings and Proceedings

The proceedings of this meeting may be recorded for broadcasting live on the internet via the Democracy Centre on the County Council s website. The whole of the meeting may 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.devoncc.public-i.tv/core/

In addition, anyone wishing to film part or all of the proceedings may do so unless the press and public are excluded for that part of the meeting or there is good reason not to do so, as directed by the Chairman. Any filming must be done as unobtrusively as possible from a single fixed position without the use of any additional lighting; focusing only on those actively participating in the meeting and having regard also to the wishes of any member of the public present who may not wish to be filmed. As a matter of courtesy, anyone wishing to film proceedings is asked to advise the Chairman or the Democratic Services Officer in attendance so that all those present may be made aware that is happening.

Members of the public may also use Facebook and Twitter or other forms of social media to report on proceedings at this meeting.

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: Tue Jun 16 2015