Agenda, decisions and minutes

Members of the Council 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 other 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 -

 A list of county councillors who are also district, borough, city, parish or town councillors

There were no declarations of interest.

Minutes of the Committee meeting held on 7 March 2024.

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

RESOLVED that the minutes of the meeting held on 7 March 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.

There was no item raised as a matter of urgency.

Draft minutes of the meeting held on 22 April 2024.

The Committee received the draft minutes of the meeting held on 22 April  2024.

Report of the Director of Climate Change, Environment and Transport (CET/24/50)

RESOLVED: that a Modification Order be made to modify the Definitive Map andStatement by adding abridleway along Upadown/ShuttaLane, Littleham between points A - B, as shown on drawing number CCET/PROW/23/78 (Proposal1). Thiswill updatethe resolutionmade bythis Committeeon 23 November 2023 and 24 March 2005.

The Committee  considered the report of the Director of Climate Change, Environment and Transport (CET/24/50) which examined the current proposal arising from the definitive map review in Littleham.

On24 March2005 theCommittee resolvedthat a Modification Order bemade for the status of footpath. Due to local requests prior to this Order being  made, a dedication agreementwas soughtto recordthe routeas abridleway.  This was not successful, but for reasons not known, the  Modification Order as resolved, was not made.

As an Order had not been made following the Committee resolution in 2005, the proposal was again considered by the Committee at the meeting held on 23 November 2023. TheCommittee resolvedthat a Modification Orderbe madefor thestatus of footpath.  Additional  evidence   was then  received   within   six   months   of   the Committee meeting indicating that status should be bridleway, and inline withcurrent policy has been assessed promptly rather than being deferred to the end of the parish by parish review process

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

RESOLVED: that a Modification Order be made to modify the Definitive Map andStatement by adding abridleway along Upadown/ShuttaLane, Littleham between points A - B, as shown on drawing number CCET/PROW/23/78 (Proposal1). Thiswill updatethe resolutionmade bythis Committeeon 23 November 2023 and 24 March 2005.

Report of the Director of Climate Change, Environment and Transport (CET/24/51)

RESOLVED: that a Modification Order be made to modify the Definitive Map andStatement bythe additionof aPublic Footpathbetween pointsE -F and G – H as shown on plan number CCET/PROW/24/23.

The Committee  considered the report of the Director of Climate Change, Environment and Transport (CET/24/51) which examined the route arising out of the Definitive Map Review in the parish of Halberton in mid Devon.

Itwas notedthat asecond proposalwould beheard ata futurePublic Rights of Way Committee meeting.

The original  Halberton Parish Survey under Section 27 of the National Parks andAccess to theCountryside Act 1949 identified37 paths. Pathswere reviewed and 19 were withdrawn or omitted as they were considered to be private.   After  publication  of  the  draft  definitive  map,   8  paths  received objection and 4 footpaths were subsequently recorded  with 2 substantially shortened in length.  A totalof 14footpaths weresubsequently recordedon the Definitive Mapand Statementwith therelevant date9 June1964. Footpath 71 was transferred from Uplowman parish following construction of the A361 and change to the parish boundary.

Itwas notedthat theproposal waswithin TivertonEast andCouncillor Slade had been consulted.

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

RESOLVED: that a Modification Order be made to modify the Definitive Map andStatement bythe additionof aPublic Footpathbetween pointsE -F and G – H as shown on plan number CCET/PROW/24/23.

Report of the Director of Climate Change, Environment and Transport (CET/24/52)

RESOLVED: that a modification order be made in respect of proposal one (claimed footpath along Stockstyle lane, between Chardstock footpath 24 and the unclassified County Road, points A - B on the proposal map CCET/PROW/24/7).

The Committee  considered the report of the Director of Climate Change, Environment and Transport (CET/24/52) which examined a proposal  arising from a schedule 14 application to add a footpath along Stockstyle Lane.

A DefinitiveMap Reviewof theParish ofChardstockwas conductedbetween 1987 and1991.  Theproposal hadnot beenput forwardduring thereview and it had not appeared in any previous reviews.  A Schedule 14 application was submittedand wasadded to theregister fordetermination oncethe parish by parishreview hadbeen completed.  Due to the likelihood of  an appeal to the Secretary of State for non-determination of the application, and because  public access along the route had been blocked,it wasdecided thatthe applicationbe consideredout of turn.

Duringgeneral discussion,Members notedthat therewas noevidence that users had been challenged prior to a gate being installed within the land by an adjacent landowner.

In response toa question about the gate, Members heard that currently, if accepted that public rights subsist,   the gate is  an  unlawful obstruction.  However, Devon County Council as highway authority may authorise a gate for livestock management on land used for agricultural purposes, or may provide a gate for safety or enhancing amenity of the public right of way.

Members  were  keen  that  permission  for  the  gate  be  regularised  and suggested that a suitable application be invited by the landowner, and that if submitted, such an application be supported.

It was MOVED by Councillor Thomas SECONDED by Councillor Hellyer and

RESOLVED: that a modification order be made in respect of proposal one (claimed footpath along Stockstyle lane, between Chardstock footpath 24 and the unclassified County Road, points A - B on the proposal map CCET/PROW/24/7).

Report of the Director of Climate Change, Environment and Transport (CET/24/53)

The Committee NOTED the report of the Director of Climate Change Environment and Transport (CET/24/53).

The Committee NOTED the report of the Director of Climate Change Environment and Transport (CET/24/53).

Report of the Director of Climate Change, Environment and Transport (CET/24/54)

The Committee considered and NOTED the report of the Director of climate Change Environment and Transport (CET/24/54) and plans CCET/PROW/23/66 and CCET/PROW/23/03 which informed that a public path diversion and definitive map and statement modification orders had been made and confirmed under delegated powers.

The Committee considered and NOTED the report of the Director of climate Change Environment and Transport (CET/24/54) and plans CCET/PROW/23/66 and CCET/PROW/23/03 which informed that a public path diversion and definitive map and statement modification orders had been made and confirmed under delegated powers.

Report of the Director of Climate Change, Environment and Transport (CET/24/55)

The Committee NOTED the report of the Director of Climate Change Environment and Transport (CET/24/55) on the Public Path Orders made and confirmed under delegated powers.

The Committee NOTED the report of the Director of Climate Change Environment and Transport (CET/24/55) on the Public Path Orders made and confirmed under delegated powers.

Report of the Director of Climate Change, Environment and Transport (CET/24/56)

RESOLVED: that objectives and policies for the Devon Rights of Way Improvement Plan be updated as set out in the appendix to the report.

The  Committee  considered  the  report  of  the  Director  of  Climate  Change Environment   and   Transport   (CET/24/56)   which   examined   progress   of  reviewing theRights ofWay ImprovementPlan (Devonon theMove, Rightsof Way Improvement Plan version 3.

Thereview ofobjectives andpolicies had commenced in 2022 and hadbeen undertakenin consultation withrelevant organisationsand groupsand thedocument wasendorsed by the Devon Countryside Access Forumat their April2024 meeting.  Thereview is completed on a 10 year cycle, lastly in 2012.

Themain purposeof thedocument isto setout thekey principlesto inform andsteer maintenance and improvementof the public rightsof way and wider access network across Devon.  Objectives and policies will influence service priorities, working practises and action plans to enhance and extend  the network.

The improvement plan considers a number of elements including: meeting the present and likely future needs of the public; and opportunities provided for exercise and other forms of open air recreation and enjoyment.

It was noted in regards to the policy on Schedule 14 applications that Secretary of State direction may also require that applications and claims be considered outside of the parish by parish review process.

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

RESOLVED: that objectives and policies for the Devon Rights of Way Improvement Plan be updated as set out in the appendix to the report.

The next meetings of the committee are on 14 November 2024 and 6 March 2025.

The next meetings of the Committee to be held on 14 November 2024 and 6 March 2025.

The next meetings of the Committee to be held on 14 November 2024 and 6 March 2025.