Agenda and minutes

Minutes of the Committee meeting held on 15 November 2018 (previously circulated).

RESOLVED that the minutes of the meeting held on 15 November 2018 be signed as a correct record.

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

There was no item raised as a matter of urgency.

Draft minutes of the meeting held on 24 January 2019, attached.

The Committee received the draft minutes of the Devon Countryside Access Forum meeting held on 24 January 2019 which covered a range of matters.  The next meeting of the Forum would be on 25 April 2019 at Cheriton Bishop.

Members raised the issue of sheep worrying and Officers reported that they had met with the Rural Affairs Police Officer for Devon to discuss rural crime issues. Guidance was on the Council’s public rights of way web pages, encouraging the public to report any incidents of livestock worrying to the Police.  

Members noted that the Teignbridge District Council Public Space Protection Order on dog control was soon to be implemented. This would also cover Stover Country Park.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/19/16) and background papers.

(Councillor Colthorpe declared a personal interest in this item by virtue of being a member of the British Horse Society.)

(Councillor S Bastock on behalf of Parracombe Parish Council attended under the Council’s Public Participation Scheme and spoke to this item in support of Proposals 2 and 3.)

The Committee considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/16) which examined two of the three current proposals arising from the Definitive Map Review in Parracombe.

As to Proposal 2, Officers confirmed that Parracombe Parish Council would have an opportunity to comment on the further investigation regarding the status of Bridleway No 5.

It was MOVED by Councillor Brook, SECONDED by Councillor Hellyer and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a restricted byway between points G – H as shown on drawing number HCW/PROW/18/28a (Proposal 2) to resolve an anomaly affecting Bridleway No. 5 so that it meets a public highway at both ends, and that further investigation be made regarding the status of Bridleway No 5 in the light of the evidence set out in this report.

It was MOVED by Councillor Brook, SECONDED by Councillor Colthorpe and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by deleting a public bridleway between points J – L and adding a public bridleway between points J – K – L as shown on drawing number HCW/PROW/18/27a (Proposal 3) to resolve an error in the recording of Footpath No. 9 north of West Bodley.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/19/17) and background papers.

(Councillor Colthorpe declared a personal interest in this item by virtue of being a member of the British Horse Society.)

(Mr Goddard attended under the Public Participation Scheme and spoke to this item against Proposal 2.)

The Committee considered the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/17) which examined three proposals arising from the Definitive Map Review in the Parish of Lympstone in East Devon.

It was MOVED by Councillor Shaw, SECONDED by Councillor Hellyer and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a footpath between points A - B as shown on drawing number HIW/PROW/19/01.

It was MOVED by Councillor Sanders, SECONDED by Councillor Whitton and

RESOLVED that the making of a decision in respect of Proposal 2 be deferred pending further investigation as to the accuracy of paragraph 2.6.14 in the Report (HIW/19/17).

It was MOVED by Councillor Sanders, SECONDED by Councillor Brook and

RESOLVED that a Modification Order be not made in respect of Proposal 3 and that it be noted that it is already recorded as highway maintainable at public expense.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/18) and background papers.

(Councillor Colthorpe declared a personal interest in this item by virtue of being a member of the British Horse Society.)

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/18) which examined the Definitive Map Review in the Parish of Clayhanger in Mid Devon, one of the three parishes now within Borden Gate Parish Council. 

It was MOVED by Councillor Sanders, SECONDED by Councillor Hellyer and

RESOLVED that completion of the Definitive Map Review in the Parish of Clayhanger be noted requiring that modifications be not made.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/19/19)

(Councillor Colthorpe declared a personal interest in this item by virtue of being a member of the British Horse Society.)

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/19) which examined the Definitive Map Review in the Parish of Huntsham in Mid Devon, one of the three parishes now within Borden Gate Parish Council. 

It was MOVED by Councillor Sanders, SECONDED by Councillor Inch and

RESOLVED that completion of the Definitive Map Review in the Parish of Huntsham be noted requiring that modifications be not made.

[Note: in accordance with Standing Order 32(4) Councillor Colthorpe requested that her abstention from voting on this decision be recorded.]

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/20), attached.

(Councillor Colthorpe declared a personal interest in this item by virtue of being a member of the British Horse Society.)

The Committee received the Report of the Chief officer for Highways, Infrastructure Development and Waste (HIW/19/20) which examined the second of the three proposals for change arising out of the Definitive Map Review in the Parish of Sampford Peverell in Mid Devon. 

It was MOVED by Councillor Sanders, SECONDED by Councillor Inch and

RESOLVED that it be noted that the route shown on drawing number HIW/PROW/18/017 is already a public footpath.  

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/19/21), attached.

The Committee noted the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/18/21) on decisions received from the Secretary of State.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/22), attached.

The Committee noted the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/22) on a Modification Order confirmed as unopposed under delegated powers, namely Byway Open to All Traffic No. 21 and Footpath No. 15 Buckerell Definitive Map Modification Order 2018.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/23), attached.

The Committee noted the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/19/23) on Public Path Orders made and confirmed under delegated powers, namely:-

Diversion Orders

(i)            Footpath No. 6, Coldridge Public Path Diversion & Definitive Map and Statement Modification Order 2018

(ii)           Footpath No. 7, Okehampton Public Path Diversion & Definitive Map and Statement Modification Order 2018

(iii)          Footpath No. 93, Bere Ferrers Public Path Diversion & Definitive Map and Statement Modification Order 2017

(iv)          Footpath No. 60, Sidmouth Public Path Diversion & Definitive Map and Statement Modification Order 2018