Agenda and minutes

The Chair welcomed Mrs R Salthouse who was attending in her capacity as a Member of the Council's Standards Committee to observe and monitor compliance with the Council’s ethical governance framework.

Minutes of the Committee meeting held on 13 July 2023 (previously circulated).

RESOLVED that the minutes of the meeting held on 13 July 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.

Draft minutes of the meeting held on 18 September 2023 attached.

The Committee received the draft minutes of the meeting held on 18 September 2023.  The minutes were noted.

In response to acomment regardingdogs, it wasnoted that theForum had raised awareness of uncertainty and confusion caused by different rules being applied by different local authorities and other organisations , including number of dogs walked by an individual and length of lead.

Report of the Director of Climate Change, Environment and Transport (CET/23/89)

Electoral Division:  Combe Martin Rural

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/46) which examined an application by respective landowners todivert part of Parracombe Footpath No. 2 and Challacombe Bridleway No. 3, and upgrade part of Parracombe Footpath No. 2 to bridleway. The proposal would address historic anomalies

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by varying the particulars of Parracombe Footpath No. 2 and Challacombe Bridleway No. 3 as shown on drawing number CET/PROW/18/27 (Proposal 1). The proposed changes: • deleting Footpath No.2 betweenpoints D– E– F– G;• deletingBridleway No.3 between pointsG –H; •adding Footpath No. 2 between points D – L; • adding Bridleway No. 3 between points I – H; and • upgrading Footpath No. 2 to bridleway between points K – J – I

Report of the Director of Climate Change, Environment and Transport (CET/23/90)

Electoral Division:  Bideford East

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/90) which re-examined a proposal originally raised during the Definitive Map Review in Littleham parish in 2003-05. The Definitive Map Review was opened in the parishes of Littleham and Landcross in 2003, with an informal consultation carried out in early 2005. This consultation included a proposal to add a footpath along Upadown Lane in Littleham village.

During general discussion about the consultation, Members noted that no objection had been raised by the Parish Council

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 footpath along Upadown Lane, Littleham between points A – B, as shown on drawing number CCET/PROW/23/78 (Proposal 1). This would update the decision originally resolved by this Committee on 24 March 2005.

Report of the Director of Climate Change, Environment and Transport (CET/23/91)

Electoral Division:  Tiverton West

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/91) which examined the route referred to as Proposal 2 arising out of the Definitive Map Review in the Parish of Washfield in Mid Devon. A report on Proposal 1 was taken to the Devon Public Rights of Way Committee Meeting on 9 March 2023.

Mr Morison, attended the meeting under the Council’s Public Participation scheme and made his objection that the pathway not be registered as a bridleway.   He considered that the demarcation as an official track may increase the use and therefore spoil his privacy.

During generaldiscussion, Members noted that the proposal was recommended due to an evidence led approach. In response to the consultation and the neighbouring landowner concerns, Washfield Parish Council now did not support the proposal. However, both StoodleighParish Council and a different local resident supported the proposal.

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

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by the addition of a Bridleway between points S - T - U as shown on drawing number HIW/PROW/22/18a (Proposal 2 Washfield).

Report of the Director of Climate Change, Environment and Transport (CET/23/92)

Electoral Division:  Otter Valley

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/92) which examined two proposals arising from the Definitive Map Review in the parish of Aylesbeare.

Proposal 1: Proposed addition of a public Bridleway from the B3180 following Aylesbeare Footpath 11 to Manor Farm and then along Houndbeare Lane to meet the county road Quarter Mile Lane at Marsh Green. Points A-B-C-D-E-F on the proposal map CCET/PROW/23/22. Grid Ref: SY 054918 – SY 041935

It was noted that the Parish Council were supportive of the proposal and that the route is currently impassable due to fallen trees.

It was MOVED by Councillor Barnes, SECONDED by Councillor Brooks and

RESOLVED that no Modification Order be made in respect of Proposal 1: addition of a public Bridleway from the B3180 following Aylesbeare Footpath 11 to Manor Farm and then along Houndbeare Lane to meet the county road Quarter Mile Lane at Marsh Green. Points A-B-C-D-E-F on the proposal map CCET/PROW/23/22. Grid Ref: SY 054918 – SY 041935

Proposal 2: Proposed addition of public Footpath along Withy Bed Lane, between Houndbeare Lane and Quarter Mile Lane, points D-G on proposal map CCET/PROW/22/23. Grid Ref: SY 049926 – SY 038927

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

RESOLVED that no Modification Order be made in respect of Proposal 2: addition of public Footpath along Withy Bed Lane, between Houndbeare Lane and Quarter Mile Lane, points D-G on proposal map CCET/PROW/22/23. Grid Ref: SY 049926 – SY 038927

Report of the Director of Climate Change, Environment and Transport (CET/23/93)

Electoral Division:  Exminster & Haldon

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/93) and  proposal to resolve the anomaly of a short section of unrecorded footpath across a footbridge between the parishes of Exminster and Exeter City.

The Committee noted that the ferry ran on a seasonal basis and in response to a question regarding a diversion route it was noted that the current route was liable to flooding.

It was MOVED by Councillor Brooks, SECONDED by Councillor Squires and

RESOLVED that:

(a) A Creation Agreement be made between Devon County Council and Exeter City Council to add Proposal 1 to the Definitive Map as a Footpath. Should a creation agreement not be practicable, that:

(b) a Modification Order be made for Proposal 1 to add it to the Definitive Map as a Footpath

Report of the Director of Climate Change, Environment and Transport (CET/23/94)

Electoral Division:  Brixton & Wembury

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/94) which examined the Definitive Map Review in the parish of Brixton in the South Hams District

It was NOTED that the Definitive Map Review has been completed in the parish of Brixton and that no modifications have been identified.

Report of the Director of Climate Change, Environment and Transport (CET/23/95)

Electoral Division:  Tavistock Rural

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/95) which examined an application by respective landowners to divert part of a public footpath in the parish of Bere Ferrers. The proposed diversion would support the applicants land management improvements, including for wildlife and heritage value, as well as improving their privacy. In addition, the proposal would address historic anomalies relating to path alignment.

Mr R Flavin, one of the land owners, attended the meeting under the Council’s Public Participation scheme and spoke in favour of the officer recommendation.

It was MOVED by Councillor Brooks, SECONDED by Councillor Chubb and

RESOLVED that a Public Path Diversion and Definitive Map & Statement Modification Order be made to divert Footpath No. 2, Bere Ferrers from the lines A – B, to the line A - C - D – E, as shown on drawing no. CCET/PROW/23/77; and that if there are no objections, or if such objections are made and subsequently withdrawn, it be confirmed as an unopposed order.

Report of the Director of Climate Change, Environment and Transport (CET/23/97)

Electoral Division:  Otter Valley

The Committee considered the Report of the Director of Climate Change, Environment and Transport (CET/23/97) which informed that a Definitive Map Modification Order for Ottery St Mary (Footpath No. 64) Definitive Map Modification Order; Newton Poppleford & Harpford (Footpath No. 39) Definitive Map Modification Order  had been confirmed as unopposed.

Members NOTED the report.

Report of the Director of Climate Change, Environment and Transport (CET/23/98)

Electoral Divisions:  Combe Martin Rural; South Molton; Okehampton Rural; Creedy, Taw & Mid Exe; Seaton & Colyton; Broadclyst; Braunton Rural; Chulmleigh & Landkey; Tiverton West

The Committee NOTED the Report of the Director of Climate Change, Environment and Transport (CET/23/98) on the Public Path Orders made and confirmed under delegated powers.

Report of the Director of Climate Change, Environment and Transport (CET/23/96)

Electoral Divisions: Combe Martin Rural; Seaton and Colyton

The Committee NOTED the Report of the Director of Climate Change, Environment and Transport (CET/23/96) that the modification orders as detailed in the report had been received by the Secretary of State.

Report of the Director of Climate Change, Environment and Transport (CET/23/99)

Electoral Divisions:  All

The Committee NOTED the Report of the Director of Climate Change, Environment and Transport (CET/23/99) which provided an update on progress in reviewing The Rights of Way Improvement Plan (Devon on the Move, Rights of Way Improvement Plan Version 3).

7 March, 11 July and 14 November 2024 and 6 March 2025.

Dates of future meetings were noted as:

Thursday 7 March 2024

Thursday 11 July 2024

Thursday 14 November 2024

Thursday 6 March 2025