Agenda and minutes

Minutes of the Committee meeting held on 9 March 2023, attached.

RESOLVED that the minutes of the meeting held on 9 March 2023 be signed as a correct record.

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

There was no item raised as a matter of urgency.

The Chair informed the Committee that there was a request to defer agenda item 6 as representatives were unable to attend due to a family bereavement.

There was also a request to defer agenda item 7 to enable further assessments to take place on the status of a lapsed s31(6) deposit referenced within the report, including possible impact this may have had on part of the lane.

It was agreed to defer both items until the next meeting in November.  

Draft minutes of the meeting held on 24 April 2023, attached, for noting.

The Committee received the draft minutes of the meeting held on 24 April 2023.

The minutes were noted.

Report of the Director of Climate Change, Environment and Transport (CET/23/46), attached.

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/46) which examined one proposal that arose as a result of the Definitive Map Review in the parishes of East Budleigh with Bicton. This was claim for a footpath between Russel Drive and Oak Hill end of the Oakhill private estate road between points A-B-C on the plan CET/PROW/23/34.

Members were informed that from assessment of the user evidence, in conjunction with the lack of any historical evidence, it was considered that there is insufficient evidence to support the claim that this route is a public footpath.

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

RESOLVED that

(a) no Modification Order be made in respect of Proposal 1.

Report of the Director of Climate Change, Environment and Transport (CET/23/47), attached.

This item was deferred until the next meeting.

Report of the Director of Climate Change, Environment and Transport (CET/23/48), attached.

This item was deferred until the next meeting.

Report of the Director of Climate Change, Environment and Transport (CET/23/49), attached.

Mr R Swan, the applicant for Proposal 3, attended the meeting under the Council’s Public Participation scheme and spoke in favour of recommendation.

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/49) on a proposal arising from the Definitive Map Review in the parish of Newton Poppleford & Harpford. This was the second report and examined a claimed footpath between High Street and School Lane in Newton Poppleford.

The Report stated from the assessment of the evidence, in conjunction with other historical evidence and all evidence available, it was considered sufficient to support the claim that public rights subsist on the balance of probabilities on the northern part of the proposal route between the car park and The Green.

There was further discussion regarding the full-length of the proposed route with claims that this was well used.

It was MOVED by Councillor Chesterton, SECONDED by Councillor Chubb

and RESOLVED

(a)  that a Modification Order be made in respect of part of proposal 3 as shown between points E and G on the plan CCET/PROW/23/33; and

(b)  that prior to making the Order, the Council negotiates with the landowners with a view to extending the proposal to Point F on the plan CCET/PROW/22/86, and subject to these negotiations being successful, delegate authority to the Chair of the Committee to determine the proposal.

Report of the Director of Climate Change, Environment and Transport (CET/23/50), attached.

The Committee received the report of the Director of Climate Change, Environment and Transport (CET/23/50) which outlined decisions received from the Secretary of State since the last meeting of the Committee.

Members noted the report.

Report of the Director of Climate Change, Environment and Transport (CET/23/51), attached.

The Committee received the report of the Director of Climate Change, Environment and Transport (CET/23/51) on Public Path Diversion and Definitive Map Modification Orders that had been confirmed as unopposed under delegated powers.

Members noted the report.

23 November 2023 and 7 March 2024

Dates of future meetings were noted as:

23 November 2023 and 7 March 2024