Meeting documents

Public Rights of Way

Committee Agenda

Wed Nov 20 2013

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 21 June 2013 (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 8 October 2013 attached (Page 7).

5. Draft Deregulation Bill Recent Proposals for Changes to Rights of Way Legislation and Procedures

Report of the Head of Highways, Capital Development and Waste (HCW/13/65 - text only | pdf HCW/13/65) attached (Page 17). This report aims to keep members informed of recent proposals for changes to the legislative framework and procedures relating to public rights of way.

Electoral Divisions: All

6. Definitive Map Reviews: Parish Reviews

(a) Parish Review

(i) Definitive Map Review 1997-2013

Parish of Georgeham - Part 4

Report of the Head of Highways, Capital Development and Waste (HCW/13/66 - text only | pdf HCW/13/66) (Page 49) and background papers. This report examines two Schedule 14 applications arising from Definitive Map Review in the Parish of Georgeham in the District of North Devon. Six proposals were previously reported to the June 2013 Committee, while a further eight proposals were previously reported to the March 1999 Committee and another ten proposals to the September 2002 Committee. The remaining proposal will be referred to a subsequent Committee meeting.

Electoral Division: Braunton Rural

(ii) Definitive Map Review 2012/13

Parish of Berrynarbor Part 2

Report of the Head of Highways, Capital Development and Waste (HCW/13/67 - text only | pdf HCW/13/67) (Page 63) and background papers. The report examines the third proposal arising out of the Definitive Map Review in the parish of Berrynarbor in North Devon District and is a continuation of the report HCW/13/9 - text only | pdf HCW/13/9.

Electoral Division: Combe Martin Rural

(iii) Definitive Map Review

Parish of Sidmouth Part 2

Report of the Head of Highways, Capital Development and Waste (HCW/13/68 - text only | pdf HCW/13/68) (Page 80) and background papers. The report examines six proposals in connection with the Definitive Map Review for the parish of Sidmouth. They concern a connecting footpath identified as having been omitted wrongly when the Definitive Map was originally drawn up and other routes in the town of Sidmouth identified in the Review process with no recorded public status as missing links in the public rights of way and maintainable highways networks. Other remaining proposals will be considered in a subsequent report to the committee.

Electoral Divisions: Sidmouth Sidford and Ottery St. Mary Rural

(iv) Definitive Map Review

Parish of Sandford

Report of the Head of Highways, Capital Development and Waste (HCW/13/69 - text only | pdf HCW/13/69) (Page 98) and background papers. The report examines the routes referred to as Suggestions 6, 7 and 9 arising out of the Definitive Map Review in the Parish of Sandford in Mid Devon. Suggestions 3 -5 and 8 will be brought to a subsequent committee.

Electoral Division: Newton St Cyres Sandford

(b) Schedule 14 Application

Addition of Footpath at Church Field, Highweek

Report of the Head of Highways, Capital Development and Waste (HCW/13/70 - text only | pdf HCW/13/70) (Page 136) and background papers. The report examines the Schedule 14 application made for the addition of public footpath/s between Church Field, Footpath No 15, Newton Abbot and Blenheim Close in the parish of Newton Abbot and district of Teignbridge.

Electoral Division: Newton Abbot North

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:

Modification Orders

Schedule 14 Application

Deletion of Public Footpaths No. 8 Northleigh, No. 3 Farway, No. 6 Colyton and No. 10 Southleigh Part 2

Joint report of the County Solicitor and Head of Highways, Capital Development and Waste (HCW/13/71 - text only | pdf HCW/13/71) (Page 152). This report concerns a Schedule 14 application to delete footpaths recorded on the Definitive Map in the parishes of Northleigh, Farway, Colyton and Southleigh as the result of a public inquiry in 2008. A report on investigation of the evidence supporting the application was considered by this Committee in November 2011, with a decision not to make a Modification Order deleting the footpaths. An appeal to the Planning Inspectorate against that decision has been allowed and the County Council has been directed to make an Order for deletion of the footpaths.

Electoral Division: Honiton St Michael's

8. Modification Orders

The following Modification Orders have been confirmed as unopposed:

(a) Poughill Footpath 2 DMMO 2012 (Page 166).

(b) Cruyws Morchard Restricted Byway No 5 and Tiverton Restricted Byway No 38 DMMO 2011 (Page 167).

9. Public Path Orders

(a) The following Public Path Orders have been made and confirmed under delegated

powers:

(i) Footpaths 18, 22, 23, 24 Mortehoe 2013 (Page 168).

(ii) Footpaths 2, 15a, 25 Mortehoe 2013 (Page 174).

(iii) Bridleway 6, Georgeham 2013 (Page 175).

(iv) Cornworthy Footpath 7 (Page 176).

(b) Creation agreements

(i) Tavistock Footpath 30 Creation Agreement 2013.

(ii) Sandford Footpath No 47 Creation Agreement 2013.

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.

MEMBERS ARE REQUESTED TO SIGN THE ATTENDANCE REGISTER


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 Moffat 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 Moffat 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 Moffat on 01392 383691.

Webcasting of Meetings

The proceedings of this meeting may be recorded for broadcasting on the internet via the County Council s website Information Devon . The whole of the meeting will 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.devon.gov.uk/index/councildemocracy/decision_making/webcasting.htm

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: Wed Nov 13 2013