Agenda, decisions and minutes

There was no announcement made by the Chair.

Members of the Committee will declare any interests they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

The registrable interests of Councillors of Devon County Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes. 

For details of District and or Town and Parish Twin Hatters – please see here:

County councillors who are also district, borough, city, parish or town councillors

Members were reminded that they should declare any interests they may

have in any item to be considered, prior to any discussion taking place on that

item.

The list of Membership of other Authorities can be found here: County

councillors who are also district, borough, city, parish or town councillors

Two declarations were made, reflected under the relevant items below.

Minutes of the meeting held on 7 November 2024, attached.

RESOLVED that the minutes of the meeting held on 7 November 2024 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 7 November 2024 be signed as a correct record.

Items which in the opinion of the Chair should be considered at the meeting as matters of urgency.

RESOLVED that

(a) the Committee expresses support for the development of the Totnes to Littlehempston All Access Path;

(b) Cabinet be asked to consider adding the Totnes to Littlehempston All Access Path to its list of prioritised walking and cycling proposals at its March meeting (agenda item 12); and that

(c) South West Water be requested on behalf of the Committee to amend its planning application regarding the development of a solar farm on the land proposed to be used for the All Access Path, to accommodate the development of the Path.

Totnes to Littlehempston All Access Path

The Chair had decided that this item should be considered as a matter of urgency at the request of Councillor J Hodgson.

Councillor Hodgson declared a personal interest by virtue of owning land in Littlehempston, however clarified that the land was not near the proposed path.

Under the Public Participation Scheme, and at the discretion of the Chair, Nicky Rajska (the local lead on the campaign for the All Access Path) attended and spoke to the Committee on the importance of the path in providing easy pedestrian access between Totnes and Littlehempston. The Committee heard that the previous objections to the Path raised by South Devon Railway, which had prevented the Path moving forward, were no longer relevant as South Devon Railway under new leadership, were now open to allowing 24/7 public access through its property to facilitate the path. There was also strong local public support.

It was however explained to the Committee that South West Water had put in an application to develop a solar farm on the same land that was proposed for use of the path, so that an agreement would need to be reached in this respect to allow the Path to be developed.

The Committee were advised by Ms Rajska that grant pots had been identified for funding, and that therefore Devon County Council were not expected to provide funding. Council support was important nonetheless for pushing the plans forward.

A member of the Committee expressed that a confirmation had been received that the proposed route was safe and met the criteria for an all-access path.

Officers could not confirm that the Path was currently featured in any proposed policy or strategy, however a member was under the impression that it was included in the emerging South Hams Local Cycling and Walking Infrastructure Plan (LCWIP).

There was member consensus that the Path was necessary and important.

It was MOVED by Councillor Hodgson, SECONDED by Councillor Hawkins and

RESOLVED that

(a) the Committee expresses support for the development of the Totnes to Littlehempston All Access Path;

(b) Cabinet be asked to consider adding the Totnes to Littlehempston All Access Path to its list of prioritised walking and cycling proposals at its March meeting (agenda item 12); and that

(c) South West Water be requested on behalf of the Committee to amend its planning application regarding the development of a solar farm on the land proposed to be used for the All Access Path, to accommodate the development of the Path.

Report of the Director of Climate Change, Environment and Transport (CET/25/21), attached.

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/25/21) on new or amended waiting restrictions advertised from 30 January until 20 February 2025 that were proposed to be implemented due to receiving no comments, or no objections (where there were comments). This was five out of the eleven advertised. The relevant members, and the Chair / Vice Chair of the Committee had been consulted before advertisement.

It was explained that there had not been sufficient time for officers to consider and respond to objections received on the remaining six; as such a further report would come to the Committee for consideration of these proposals.

Members noted:

• the work on the local waiting restriction programme;

• that the sites that have received no objections would be progressed; and

that a report on restrictions that had received objections would be brought to the next meeting.

Report of the Director of Climate Change, Environment and Transport (CET/25/22), attached.

RESOLVED that

(a) the Committee agree that the extent of highway land on Forder Lane, Dartington, as detailed in Appendix 1, is not needed for public use;

(b) the Committee resolves that subject to the consultations referred to in section 5, Devon County Council makes an application to the magistrates’ court for an order under Section 116 of the Highways Act 1980 that the said highway land be stopped up; and that

(c) Officers request on behalf of the Committee that the developers / management company make a wider splay to increase visibility at the opening of the linking footpath through Brimhay Gardens, and request written confirmation on who maintenance responsibilities lie with.

(Under Standing Order 25(4), Councillor Trudy Turrell, Chair of Dartington Parish Council, attended and spoke against the recommendation).

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/25/22) regarding a retrospective request by a developer to stop up a piece of land so that it no longer forms a part of the public highway. The physical path and land in question had already been removed. The land in question was indicated in the plan attached at Appendix 1 to the Report.

The issue was previously considered by the Committee in November 2024 and deferred so that the request could be reviewed with the Parish Council, who it was argued had not had time to respond due to comment being asked after its Council meeting in July, where the Parish Council did not meet in August.

The stopping up order had been requested as the previous footpath and area of land had been removed in the course of developing flats and houses.

Points of objection to the proposal centred around the safety of the section of replacement footpath going through the Brimhay Gardens development that joined onto Forder Lane as the grass verge limited visibility. There was also a strong feeling from some members, and the Parish Council, that there had not been proper consultation before the developments began.

Some Members expressed that, although there was evidence of a procedural error, fundamentally the land was never Council property. The physical footpath and land had been removed, with the land proposed for stopping up now forming part of resident gardens. As such, it was argued that, notwithstanding any such procedural errors, it made sense to allow the stopping up order to proceed on the basis that the old footpath and area of land no longer existed.

There was agreement among the Committee however that safety was important, and that a request should be made to the developers to amend the splay at the intersection of the linking footpath through Brimhay Gardens onto Forder Lane so that it was safer / there was more visibility.

It was MOVED by Councillor Croad, SECONDED by Councillor Hart and

RESOLVED that

(a) the Committee agree that the extent of highway land on Forder Lane, Dartington, as detailed in Appendix 1, is not needed for public use;

(b) the Committee resolves that subject to the consultations referred to in section 5, Devon County Council makes an application to the magistrates’ court for an order under Section 116 of the Highways Act 1980 that the said highway land be stopped up; and that

(c) Officers request on behalf of the Committee that the developers / management company make a wider splay to increase visibility at the opening of the linking footpath through Brimhay Gardens, and request written confirmation on who maintenance responsibilities lie with.

Verbal update by the Director of Climate Change, Environment and Transport following the last meeting (minute *51 refers).

The Committee received a verbal update on the footpath between East Charleton and West Charleton. This was raised at the November meeting of the Committee, with agreement for members to be updated (minute *51 refers). The context of the issue related to a stopping up order for a Public Right of Way first brought under consideration almost a decade prior. Objections to the stopping up were withdrawn as the owner of the land in question had agreed to provide some land for a footpath link across his property. However, the landowner had reneged on the agreement once the stopping up had progressed.

Highways officers had spoken to colleagues in the Public Rights of Way department of Devon County Council and were seeking further contemporaneous documentation regarding the original consideration of the issue. Due to the considerable time since this issue was first considered, it was possible that the relevant documents had been archived.

It was acknowledged by members that there may not be scope to dictate the building of a footpath through the land in question (such as through a compulsory purchase order). However, the Committee expressed support that actions be taken, if possible, to further the development of the East and West Charleton footpath.

Verbal update by the Director of Climate Change, Environment and Transport following the last meeting (minute *51 refers).

The Committee received a verbal update on road safety concerns from Higher Ferry to the development at Noss. This was raised at the November meeting of the Committee, with agreement for members to be updated (minute *51 refers).

It was explained to members that a petition was expected but had not been received. Councillor Hawkins was under the impression that one had been signed by over 400 respondents, but it had not been presented to him or any relevant local authority. However, Councillor Hawkins referred to meetings he had had with local landowners and residents, and felt that a solution may be possible that did not warrant further involvement of the Committee.

The Committee expressed willingness to consider the issue at a future meeting should this be required.

In accordance with Standing Order 23(2) Councillor J Brazil has requested that the Committee consider this matter.

This regards an application made by Waverley Community Garden to install planters on the above named road.

Councillor Denise O’Callaghan declared a personal interest by virtue of the fact that she had allocated funding from her councillor allowance to Waverley Road Community Garden.

(Under Standing Order 25(4), Councillor Martina Edmons, Kingsbridge Town Council, attended and spoke to provide context on the issue and asked that the Committee consider steps to allow the planters to remain).

In accordance with Standing Order 23(2) Councillor Julian Brazil had requested that the Committee consider this matter. The issue was with regard to planters installed on Waverley Road to prevent vehicles parking on areas of grass that remained after areas of the verge were surfaced. Parking on the remaining grass verges created areas of significant mud. However, the planters had been objected to by the Council.

Officers explained that the objections to the planters were valid in terms of the Council’s aim to maintain consistency in licensing provision. However, they committed to working with the local community and members to come to an amicable solution, with the first steps proposed being meeting with a highways engineer and relevant stakeholders from the community and Town Council.

[An item to be taken under s18 of the Traffic Management Act 2004 relating to any reviews of parking policy sought in line with the Council’s Petition Scheme.]

There was no petition from a member of the public or the Council relating to the South Hams.

Update from the Committee representative.

Notes of the Forum can be found at: https://www.traveldevon.info/bus/bsip/devon-bus-forum/

The Committee heard from Councillor Hodgson, the HATOC’s representative on the BUS Forum, who updated on the BUS Forum of Monday 3^rd March. Her update included:

• £10.3 million received from Government for continuation of the Bus Service Improvement Plan (BSIP), including: the provision of electric buses in Exeter from June; working with smaller bus operators to held reduce carbon emissions; and revenue funding to help improve highway access routes such as bus lanes;

• A review of the 2023 Bus Service Charter;

• A project being delivered by the charity Motability to help disabled people to access public service.

There was also discussion on the recent replacement of the last bus back from Totnes to Kingsbridge / Salcombe with a ring-ahead taxi scheme priced at £3 (the same as a single bus fare). Some members saw this as a positive move (on demand, rather than always providing a bus that may do the entire route empty), although there was disagreement on this point.

Report of the Director of Climate Change, Environment and Transport (CET/25/23), attached.

The Committee received and noted the Report of the Director of Climate Change, Environment and Transport (CET/25/23) setting out action taken under delegated powers on advertised Traffic Regulation Orders since the last meeting.

Meetings are scheduled for 10.30am, 8 July and 4 November 2025 and 3 March 2025.

The Committee noted the dates of future meetings.

Members expressed their thanks to Councillors Croad, Hart and Gilbert, all of whom were not standing for re-election in May, for their long service to the Committee.