Present:-

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

Apologies:-

Councillor Gilbert and Dempster

Members attending in accordance with Standing Order 25

Councillor Davis

*PR/42 Minutes

RESOLVED that the minutes of the meeting held on 26 February 2015 be signed as a correct record.

*PR/43 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 21 April 2015 and noted the positive feedback from the joint Dartmoor and Devon Local Access forums training day the membership of a law student from Exeter University on the Forum.

Members also discussed the need for public awareness raising around dog walking on farmland, including the spread of harmful diseases to sheep and the importance of dogs being kept under close control.

*PR/44 Asset Management and Enforcement - Public Rights of Way and unsurfaced Unclassified County Roads (uUCRs) Inspection Cycle

The Committee considered the Report of the Head of Highways Capital Development and Waste (HCW/15/37 - text only | pdf HCW/15/37) outlining the current inspection, maintenance and enforcement regime on Public Rights of Way and unsurfaced Unclassified County Roads, and proposals to reduce the frequency of inspections.

In response to Members questions the Head of Highways, Capital Development and Waste confirmed:

that Natural England provided a grant to cover an annual inspection of the South West Coast Path and the inspection regime of path would therefore be unaffected by the proposal;

that the Public Rights of Way team had taken on uUCRs with no additional funding, and the proposals put forward would help to alleviate the cost of this responsibility;

that as part of a pilot scheme, the Council was consulting with a number of parish council s as to the use of other category highways, in order to align the maintenance of these routes with local needs and priorities.

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

RESOLVED that inspections of Public Rights of Way and unsurfaced Unclassified County Roads move from a 900 day cycle (approximately every 2.5 years) to a 3 year inspection cycle from 1 July 2015.

*PR/45 Definitive Map Reviews

(a) Parish Reviews

(i) Definitive Map Review 2006-15 - Parish of Coombe Raleigh (Part 1), with part of Awliscombe Parish

The Committee considered the Report of the Head of Highways, Capital Development and Waste (HCW/15/38 - text only | pdf HCW/15/38) and background papers available prior to and at the meeting, examining proposals arising out of the Definitive Map Review in the Parish of Combe Raleigh in East Devon district. The Report concerned 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 included a crossing into the adjoining parish of Awliscombe.

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

RESOLVED that Modification Orders be not made in respect of Proposals 1 6a for the applications to record a claimed Byway Open to All Traffic and claimed footpaths in Combe Raleigh Parish adjoining part of Awliscombe Parish.

(ii) Definitive Map Review - Parish of Clayhiddon (Part 1)

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/15/39 - text only | pdf HCW/15/39) examining Proposals 1 and 4 arising from the Definitive Map Review in the Parish of Clayhiddon.

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

RESOLVED

(A) that a Modification Order be made to modify the Definitive Map and Statement by adding a Public Footpath from the county road north of Hartsmoor Farm to the county boundary as a continuation of the western end of the Bakers Farm public footpath in Somerset between points A and B as shown on drawing number HCW/PROW/15/18 (Proposal 4);

(B) that a Modification order be not made to modify the Definitive Map and Statement by upgrading Footpath No. 14, Clayhiddon to a Public Bridleway between points A-B- C-D-E as shown on drawing number HCW/PROW/15/13 (Proposal 1).

(iii) Definitive Map Review - Parish of Bere Ferrers (Part 2)

(Mr Gardner attended the meeting under the Council s Public Participation Scheme and spoke to this item in relation to Proposal 5, against the proposal).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/15/40 - text only | pdf HCW/15/40) and background papers available prior to and at the meeting, examining Proposals 2, 5, 7 and 11 in the Parish of Bere Ferrers.

In response to Members questions the Head of Highways, Capital Development and Waste advised the Committee that, in relation to Proposal 11, the Public Rights of Way Warden would take follow up action regarding a gate which was situated on the route.

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

RESOLVED that a Modification Order be not made in respect of Proposals 2, 5, 7 and 11.

(b) Schedule 14 Application - Addition of a restricted byway in the parish of Berrynarbor

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

(Mr Sanders, Mrs Reynolds and Mrs Long (on behalf of the Ramblers Association) attended the meeting under the Council s Public Participation Scheme and spoke to this item as the applicant, against and in support, respectively, of the Schedule 14 Application).

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/15/41 - text only | pdf HCW/15/41) and background papers available prior to and at the meeting, examining an application made in April 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, including a submission from the applicant Mr Sanders, also circulated direct to Members of the Committee by the applicant.

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

RESOLVED that a Modification order be not made in respect of Schedule 14 application, for the addition of a Restricted Byway from the Sterridge Valley county road, along an old track past The Woodlands to re-join the county road near Venture Cottage, the route being shown between points A B C on drawing no. HTM/PROW/15/21.

*PR/46 Public Inquiry, Informal Hearing, and Written Representation Decisions; Directions and High Court Appeals

The Committee noted that the following decisions and directions received from the Secretary of State:

(a) Written Representations

Footpath No. 2, King's Nympton Public Path Order confirmed with minor modification.

(b) Footpath No 3, Northlew Schedule 14 Appeal

Appeal dismissed.

(c) Modification Orders

Confirmed as unopposed:

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

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

*PR/47 Public Path Orders - Diversion Orders

The Committee noted that the following Public Path Orders had 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;

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

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

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

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

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

(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;

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

(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;

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

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

RESOLVED that a training session be arranged for Members of the Committee on the

implementation of the Marine and Coastal Access Act 2009 in Devon.

*PR/48 Future Meetings

Thursday 26 November 2015 and Thursday 17 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 4.12 pm

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