Meeting documents

Public Rights of Way

Committee Agenda

Fri Nov 14 2014

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 19 June 2014 (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 7 October 2014 attached (Page 1).

5. Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2014

Parish of Sheldon

Report of the Head of Highways, Capital Development and Waste (HCW/14/83 - text only | pdf HCW/14/83) attached (Page 9) and background papers. The report examines the Definitive Map Review for the parish of Sheldon, in the district of East Devon. It involves two proposals, from an application for the claimed upgrade of a recorded bridleway to Byway Open to All Traffic (BOAT) and an unrecorded missing link between two recorded footpaths. No other amendments are required in the process to complete the review in the parish.

Electoral Division: Honiton St Paul's

(ii) Definitive Map Review

Parish of Chawleigh (part 2)

Report of the Head of Highways, Capital Development and Waste (HCW/14/84 - text only | pdf HCW/14/84) attached

(Page 27) and background papers. This second report examines further proposals arising

from the Definitive Map Review in the parish of Chawleigh. Proposals 2 and 5 were

previously considered at the Public Rights of Way Committee in June 2014 and proposals

3 (Footpath No 12) and 4 (Footpath No 14) will be presented at the Public Rights of Way

Committee in February 2015. Proposal 6 concerned a proposed extinguishment via a

Public Path Order and will be considered under delegated powers.

Electoral Division: Newton St Cyres Sandford

(b) Schedule 14 Applications

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

Report of the Head of Highways, Capital Development and Waste (HCW/14/85 - text only | pdf HCW/14/85) attached (Page 49) and background papers. This report examines 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. This application was made by members of the public as a result of the route being brought into question.

Electoral Division: Duryard Pennsylvania

(ii) Variation of Footpath No. 3, Northlew

Report of the Head of Highways, Capital Development and Waste (HCW/14/86 - text only | pdf HCW/14/86) attached (Page 65) and background papers. This report examines 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.

Electoral Division: Okehampton Rural

(iii) Addition of a footpath at Bradiford, Barnstaple

Report of the Head of Highways, Capital Development and Waste (HCW/14/87 - text only | pdf HCW/14/87) attached (Page 89) and background papers. This report examines 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.

Electoral Division: Barnstaple North

6. Modification Orders

The following Modification Orders have been confirmed as unopposed:

(a) Restricted Byway No. 48, Sandford Definitive Map Modification Order 2014 (Page 98)

(b) Restricted Byway No. 49, Sandford Definitive Map Modification Order 2014 (Page 99)

(c) Restricted Byway No. 51, Sandford Definitive Map Modification Order 2014 (Page 100)

(d) Bridleway No. 54, Sandford Definitive Map Modification Order 2014 (Page 101)

(e) Footpath No. 40a, Sidmouth Definitive Map Modification Order 2014 (Page 102)

7. Public Path Orders

The following Public Path Orders have 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 (Page 104)

(ii) Footpath No. 1 George Nympton and 10, South Molton Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 105)

(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 (Page 106)

(iv) Footpath No. 4, Sparkwell Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 112)

(v) Footpath No. 5, Ermington Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 113)

(vi) Footpath Nos. 2, 3, 10 and 16, Arlington Public Path Diversion and Definitive Map and Statement Modification Order 2014 (Page 114)

(b) Creation Orders/Agreements

(i) Footpath Nos. 129 and 132, Ilfracombe creation agreement 2014 (Page 118)

(ii) Bridleway Nos. 1a, Dartmouth and 18, Stoke Fleming creation agreement 2014 (Page 119)

(iii) Footpath Nos. 7, 8, 12, 13 and 15, Mortehoe Public Path Creation and Definitive Map and Statement Modification Order 2014 (Page 120)

(c) Extinguishment Orders

Footpath Nos. 7, 8, 12 and 13, Mortehoe Public Path Extinguishment and Definitive Map

and Statement Modification Order 2014 (Page 120)

8. Date of Future Meetings

Thursday 26 February 2015, Wednesday 24 June 2015, 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 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 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: Thu Nov 06 2014