Present:-

Devon County Council

Councillors Marsh (Chairman), McInnes, Sanders and Sellis

West Devon Borough Council

Councillors Bater and Pearce

Also Present:

Councillor Pike (West Devon Borough Council) - for Agenda Item 8(3) - Various Issues (Willesley Farm, Milton Abbot - Lanes)

*3 Minutes

RESOLVED that the Minutes of the meetings held on 2 April and 31 July 2009 be signed as correct records.

*4 Induction

The Committee received a presentation from the Area Engineer (South) on the Devon Local Transport Plan as it related to the West Devon area and the workings of Highways and Traffic Orders Committees.

In response to queries and comments from members, the Area Engineer (South) provided further information on the prioritisation of road casualty reduction schemes.

*5 Various Issues

(Councillor Pearce had asked that these matters be considered in accordance with Standing Order 23(2) and declared a personal interest by virtue of being Chairman of Mary Tavy Parish Council)

(a) Hordon/Peter Tavy Clam

Councillor Pearce referred to substantial damage to the Clam during recent flooding and suggested that storm damage to works being undertaken by South West Water on the River Tavy and their drainage system had been a contributory factor.

The Highway Engineer (North) - Okehampton agreed that the Clam was in need of repair and indicated that an improvement scheme was included in the drainage programme. It was noted that further discussions would take place involving the Highway Engineer - Okehampton, Mary Tavy Parish Council and South West Water.

(b) Grendon Farm/Mary Tavy and Willesley Farm, Milton Abbot - Lanes

Councillor Pearce drew attention to concern expressed by the owner of Grendon Farm regarding motorcyclists crossing his property who claimed to be following an unclassified county road which the landowner and the Mary Tavy Parish Council considered to have been closed in the 1950s. Councillor Pearce indicated that, while this view was supported by maps held by the Parish Council which showed no right of way across the farm, the County Council s Rights of Way staff considered that a right of way did exist in the absence of evidence of its extinguishment. He asked if the situation could be clarified.

The Area Engineer (South) replied that further research would need to be undertaken by North Area to try and establish the position. He commented that if there were any highway rights, they would still exist unless they had been formally extinguished.

Councillor Pearce also referred to a similar dispute over a UCR at Willesley Farm, Milton Abbot. A representative of Willesley Farm attended and spoke under the Council s Public Participation procedures.

It was MOVED by Councillor McInnes, SECONDED by Councillor Sellis and

RESOLVED that further investigations be made into the position regarding UCRs on Grendon Farm, Mary Tavy and Willesley Farm, Milton Abbot.

(c) Royal Standard, Mary Tavy A386 Road Drains

The Highway Engineer - Okehampton agreed to meet Councillor Pearce on site to discuss problems caused by excess surface water draining from the Blackdown Nursing Home onto the A386 and off the main road onto a private lane at the rear of the Royal Standard Inn, Mary Tavy.

*6 Chagford Cattle Grids - Current Position

In accordance with Standing Order 23(2), Councillor McInnes asked that the Committee be updated on the position regarding the Commoners Association s proposal to install three cattle grids near Chagford which had been the subject of a Public Inquiry.

The Area Engineer (South) confirmed that the Inspector who had conducted the Public Inquiry had published his report in the Spring of 2008 and had recommended that consent be withheld. However, it was possible that the Secretary of State might give consent subject to the County Council carrying out further work on matters like grid positioning and environmental assessments. The Inspector s report had been submitted to the Government Office North East (GONE) for a final decision on behalf of the Secretary of State for Communities and Local Government, but although the County Solicitor had followed up the matter on several occasions, the decision was still awaited.

Members felt that a decision by GONE was needed as soon as possible to avoid continued uncertainty over the matter. Members recognised that if consent was given, it would need to be established whether the commoners were still able to fund grid construction, before the County Council decided whether to fund further design/assessment costs.

It was MOVED by Councillor McInnes, SECONDED by Councillor Marsh and

RESOLVED

(a) that the position be noted;

(b) that the County Solicitor be asked to write to Mr Richard Younger-Ross, the local Member of Parliament, seeking his help in obtaining a final decision on the proposed cattle grids from GONE;

(c) that consideration of whether the County Council should contribute further funding to amend the design of the grids and undertake environmental assessments be deferred until the outcome of the Inquiry is known and it is established whether the commoners are still able to fund grid construction.

*7 Cost of Small Works

In accordance with Standing Order 23(2), Councillor Marsh asked that the Committee consider current funding levels for small works which she felt did not enable as much preventative cyclic maintenance, especially Parish Lengthsman work, to be undertaken as in previous years. Other members shared her concerns and expressed reservations about the practice of patching defects in road surfaces that were at the end of their lives and which therefore did not provide a long-term repair solution.

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The Area Engineer (South) explained that the highway maintenance revenue budget for 2009/10 approved by the County Council in February 2009 had involved a significant reduction to meet overall targets. The decision to protect structural maintenance elements of the highway budget to maintain the integrity of the highway network had meant a proportionately greater reduction in the cyclic maintenance budget. One consequence was that the Parish Lengthsman service had been reduced, although an attempt was being made to drive greater efficiency in cyclic maintenance through increased mechanisation.

The Area Engineer (South) also referred to the major backlog of highway maintenance work primarily on minor roads in Devon and nationally. In Devon this currently amounted to slightly over 200 million. At current funding levels minor rural and residential roads were continuing to deteriorate and substantial additional funding was needed each year if this situation was to be addressed.

It was MOVED by Councillor Sellis, SECONDED by Councillor Marsh and

RESOLVED that the Cabinet be asked:

(a) to allocate additional funding for the highway service to substantially increase preventative cyclic maintenance for 2010/11 or sooner; and

(b) to consider how sustained long-term additional major funding can be made available to address the substantial highway maintenance backlog on the minor road network in Devon at the earliest opportunity.

*8 Highways in Residential and Commercial Estates Design Guide

This item had been requested in accordance with Standing Order 23(2) by Councillor Marsh in view of her concern about maintenance costs arising for the County Council as a result of the use by developers of inappropriate materials in estate road and pavement layouts. Councillor Marsh had asked to be made aware of County Council policy and advice to developers on road and pavement layout design.

The Development Manager - Highways and Transport, Environment, Economy and Culture Directorate explained that advice on design was contained in the Design Guide for Highways in Residential and Commercial Estates. Much of the Design Guide had been replaced by the Manual for Streets launched by the Government in 2007 which reflected a Government commitment to creation of sustainable and inclusive public spaces. The Development Manager also covered the inspection and maintenance audit processes and responded to queries and comments from members.

*9 Tree Canopy on Highways

Councillor Bater expressed concern about the effect on road surfaces where the canopies of groups of trees on both sides of the road had grown to form a tunnel across the road.

The Chief Assistant Engineer (North) referred to the position regarding responsibility for the necessary maintenance work which lay with the landowner; the practice of serving of notice on the landowner to undertake work or of carrying out the work and recovering the costs where the trees were not on highway land; and the significant costs that were often involved. The Chief Assistant Engineer (North) indicated that issues involving roadside trees and hedges were being looked at under the Country Mile road safety project operating in the area between Exeter and Barnstaple and the outcome of the study was awaited with interest.

*10 Future HATOC Meetings

It was agreed that dates/venues should be discussed at the following meeting of the County Committee.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 11.00am and finished at 1.00pm

The Minutes of this Committee are published on the County Council's Website at:-