Meeting documents

HCW/15/79

Public Rights of Way Committee

26 November 2015

Definitive Map Review 2014 - 2015 Parish of Poltimore

Recommendation: It is recommended that it be noted that the Definitive Map Review has been completed in the parish of Poltimore and no modifications are required. 1. Summary

The report examines the Definitive Map Review in the parish of Poltimore in East Devon District.

2. Background/Introduction

The original survey, under s. 27 of the National Parks and Access to the Countryside Act 1949, revealed five footpaths and one bridleway in Poltimore, which were recorded on the Definitive Map and Statement, St Thomas Rural District with the relevant date of 1 June 1957.

The review of the Definitive Map, under s. 33 of the 1949 Act, which commenced in the 1970s, but was never completed, produced no proposals for change to the map in the parish.

The Limited Special Review of Roads Used as Public Paths (RUPPS), also carried out in the 1970s, did not affect this parish.

Footpath No.7 was diverted by Side Roads Orders for the M5 motorway 1972.

Footpath No.2 was diverted by the Side Road Orders for the M5 motorway 1972.

Footpath No.5 moved into Exeter Parish in 1972 due to boundary changes.

The current Review began in July 2014 with a special public meeting held in the Village Hall Poltimore, well attended by about 30 people.

3. Consultations

Public consultation for the parish was carried out through January and February 2015. The review was advertised around the parish and in the local press and notices placed in the local notice boards and in the Village Hall.

The responses were as follows:

County Councillor P Bowden - no comment

East Devon District Council - no comment

Poltimore Parish Council - no comment

British Horse Society - no comment

Byways and Bridleways Trust - no comment

Country Land & Business Association - no comment

Open Spaces Society - no comment

Ramblers' Association - no proposals

Trail Riders' Fellowship - no comment

4. Proposals

No proposals arose as a result of the consultation or from research.

5. Recommendation

It is recommended that Members note that there are no proposals for modifying the Definitive Map in the parish of Poltimore. Should any valid claim with sufficient evidence be made in the next six months, it would seem reasonable for it to be determined promptly rather than be deferred.

6. Financial Considerations

The implications/consequences of the recommendation have been taken into account in preparing the report. Financial implications are not relevant considerations to be taken into account under the provision of the Wildlife and Countryside Act 1981. The Authority's cost associated with Modification Orders, including Schedule 14 appeals, the making of Orders and subsequent determinations are met from the general public rights of way budget in fulfilling our statutory duties.

7. Sustainability Considerations

There are no implications.

8. Carbon Impact Considerations

There are no implications.

9. Equality Considerations

There are no implications.

10. Legal Considerations

The implications/consequences of the recommendation have been taken into account in the preparation of the report.

11. Risk Management Considerations

There are no implications.

12. Public Health Impact

There are no implications

13. Options/Alternatives

The County Council has statutory duty to undertake a review of the Definitive Map and Statement under the Wildlife and Countryside Act 1981 and is undertaking this duty through the parish by parish review across the county.

14. Reasons for Recommendation/Alternate Options Considered

To progress the parish by parish review of the Definitive Map in the East Devon area.

David Whitton

Head of Highways, Capital Development and Waste

Electoral Division: Broadclyst & Whimple

Local Government Act 1972: List of Background Papers

Contact for enquiries: Alison Smith

Room No: ABG Lucombe House, County Hall, Topsham Road, Exeter

Tel No: (01392) 383370

Background Paper	Date	File Ref.
Correspondence files	2014 - date	AS/DMR/POLTIMORE

as231015prw

sc/cr/DMR Parish of Poltimore

03 121115