Public Rights of Way

Committee Minutes

Tue Jun 10 2008

Related Documents:
agenda for these minutes

Present:-

Councillors Tucker (Chairman), Brock, Cann, Hosking and Shadrick

Apologies:-

Councillor Turner

*PR/80 Minutes

RESOLVED that the minutes of the meeting held on 4 March 2008 be signed as a correct record.

*PR/81 Environment, Food and Rural Affairs Select Committee

The Public Rights of Way Manager reported that the County Council, along with Norfolk and Cumbria County Councils, had been invited to give evidence to the Environment, Food and Rural Affairs Select Committee who were looking into the proposed coastal access arrangements contained in the Marine Bill. The proposal aimed to establish public access on foot along the whole of the English coastline which, it is hoped, would result in the filling-in of some of the gaps in the South West Coast Path in Devon.

*PR/82 Devon Countryside Access Forum

RESOLVED that the minutes of meeting of the Forum held on 22 April 2008 be noted.

*PR/83 Definitive Map Review

(a) Parish Reviews

(i) Definitive Map Review 2006-08: Parish of Braunton

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/130/HQ - text only | pdf EEC/08/130/HQ) and background papers on a proposal from a claim arising out of the Definitive Map Review in the Parish of Braunton.

It was MOVED by Councillor Tucker, SECONDED by Councillor Brock and

RESOLVED that a Modification Order be made to add a restricted byway and upgrade Bridleway No. 19 to restricted byway in respect of Route 3, claimed addition of byway, the "American Road" to White House, between points E F, but not between F G, shown on drawing number ED/PROW/06/112.

(ii) Definitive Map Review 2007-08: Parish of South Huish

The Committee considered the report the Director of Environment, Economy and Culture (EEC/08/131/HQ - text only | pdf EEC/08/131/HQ) and background papers on suggestions arising out of the Definitive Map Review in the Parish of South Huish in the District of South Hams.

It was MOVED by Councillor Brock, SECONDED by Councillor Shadrick and

RESOLVED that Modification Orders be made to modify the Definitive Map and Statement by:

(A) adding a public footpath (Route 2) between points C D as shown on drawing number ED/PROW/08/19;

(B) adding a public footpath (Route 3) between points E F as shown on drawing number ED/PROW/08/19.

(iii) Definitive Map Review 2005-08: Parish of Brentor

The Committee considered the report the Director of Environment, Economy and Culture (EEC/08/132/HQ - text onlyEEC/08/132/HQ) and background papers on the Definitive Map Review in the Parish of Brentor.

It was MOVED by Councillor Brock, SECONDED by Councillor Shadrick and

RESOLVED

(A) no Modification Order be made in respect of Proposal 1, as shown on drawing ED/PROW/06/133;

(B) Proposal 2 be added to the List of Streets and the footpath be extinguished, as shown on drawing ED/PROW/06/134;

(C) a Modification Order be made to record a restricted byway along the line of Proposal 3 as shown on drawing ED/PROW/06/135.

(iv) Definitive Map Review 2007-08: Parish of Bulkworthy

The Committee considered the report the Director of Environment, Economy and Culture (EEC/08/133/HQ - text only | pdf EEC/08/133/HQ) on the Definitive Map Review in the Parish of Bulkworthy.

It was MOVED by Councillor Tucker, SECONDED by Councillor Hosking and

RESOLVED that it be noted that the Definitive Map Review had been completed in the parish of Bulkworthy and no modifications were required.

(v) Definitive Map Review 2007-08: Parish of East and West Putford

The Committee considered the report the Director of Environment, Economy and Culture (EEC/08/134/HQ - text only | pdf EEC/08/134/HQ) on the Definitive Map Review in the Parishes of East and West Putford.

It was MOVED by Councillor Tucker, SECONDED by Councillor Hosking and

RESOLVED that it be noted that the Definitive Map Review had been completed in the parishes of East and West Putford and no modifications were required.

(vi) Definitive Map Review 1996-2008: Parish of Colebrooke (Pt 3)

The Committee considered the report the Director of Environment, Economy and Culture (EEC/08/135/HQ - text only | pdf EEC/08/135/HQ) and background papers on a suggestion arising out of the Definitive Map Review in the Parish of Colebrooke.

It was MOVED by Councillor Tucker, SECONDED by Councillor Hosking and

RESOLVED that no Modification Order be made to upgrade Footpath No. 19, Colebrooke to a Public Bridleway between Rowes Orchard and Penstone Bridge (Suggestion 7) between points G - H as shown on drawing number ED/PROW/07/44.

(b) Schedule 14 Applications

(i) Claimed Public Footpaths: Watermouth Cove, Berrynarbor

(Councillor Davis attended and spoke to this item in accordance with Standing Order 25(2)(a))

The Committee considered the report the Director of Environment, Economy and Culture (EEC/08/136/HQ - text only | pdf EEC/08/136/HQ) and background papers on a Schedule 14 application, made by Berrynarbor Parish Council, to record footpaths on the headland at Watermouth Cove (the claimed routes).

It was MOVED by Councillor Tucker, SECONDED by Councillor Cann and

RESOLVED that a Modification Order be made to add footpaths on the claimed routes between points A B C D F G H, D E and C G, shown on drawing number ED/PROW/07/124.

(ii) Claimed Byway Open to All Traffic: Short Lane, Lifton

(Mrs Bassett and Mr Hayden attended and spoke to this item in accordance with the Council s public participation procedures).

The Committee considered the report the Director of Environment, Economy and Culture (EEC/08/137/HQ - text only | pdf EEC/08/137/HQ) and background papers on a Schedule 14 application by the Parish Council to record a byway open to all traffic along Short Lane.

It was MOVED by Councillor Tucker, SECONDED by Councillor Brock and

RESOLVED that a Modification Order be made to add a restricted byway to the Definitive Map and Statement from the county road C548 to the A388 via Short Lane, between points A B as shown on drawing no. ED/PROW/08/11, if agreement cannot be reached to record the route by means of a Creation Agreement.

*PR/84 Public Inquiry, Informal Hearing and Written Representation Decisions; Directions and High Court Appeals

The Committee noted in relation to the Kingsbridge Footpath No. 15 Modification Order 2006 the Secretary of State had not confirmed the order

*PR/85 Modification Orders

The Committee noted the following Modification Orders had been confirmed:

(a) Lydford Bridleway Nos. 8 50 and Footpath No. 49 Modification Order 2008

(b) Uffculme Footpath No. 3 and Bridleway No. 50 Modification Order 2007

(c) Uffculme Footpath Nos. 12 13 and Bridleway No. 51 Modification Order 2007

*PR/86 Public Path Orders

(a) Proposed Diversions

(i) Footpath No. 39, Newton Abbot: Application for Diversion

(Mr Mewis, Mr Kaye and Mr Williams attended and spoke to this item in accordance with the Council s public participation procedures).

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/138/HQ - text only | pdf EEC/08/138/HQ) and background papers on the site visit held in line with the decision of the Committee at its meeting on 4 March 2008.

It was MOVED by Councillor Cann, SECONDED by Councillor Hosking and

RESOLVED that an order be made under section 119 of the Highways Act 1980 to divert Footpath No. 39, Newton Abbot from the line A B to the line A C B as shown on drawing no. ED/PROW/07/100, subject to the applicant agreeing that:

(A) the width of the new path shall be two metres along its entire length measured from the toe of the existing earth bank;

(B) there shall be no trimming of the earth bank except where the County Council agrees that there has been soil slippage;

(C) there shall be no pruning or removal of any existing trees within the line of the new footpath that are subject to Tree Preservation Orders, provided that a usable width of at least one metre remains;

(D) the line of the new fence, which shall be relocated by the applicant, shall not encroach onto any part of the new two metre wide footpath corridor;

(E) the surface of the footpath shall be to a standard acceptable to the County Council.

(b) Confirmed Public Path Orders

The Committee noted the following Public Path Orders had been made and confirmed under delegated powers:

(i) Ashwater Footpath No. 19 - Diversion Order 2007

(ii) Bere Ferrers Footpath No. 27 - Diversion Order 2007

(iii) Bishop's Nympton Footpath No. 9 - Diversion Order 2008

(iv) Brentor Footpath No. 5 - Diversion Order 2007

(v) Clannaborough Footpath Nos. 3 4 and Colebrooke Footpath

No. 12 - Diversion Order 2007

(vi) Coldridge Footpath Nos. 8 and 9 - Diversion Order 2007

(vii) Ermington Footpath No. 11 - Diversion Order 2007

(viii) Ilsington Bridleway No. 46 - Diversion Order 2008

(ix) Milton Abbot Footpath No. 10 - Diversion Order 2007

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 4.10pm

The Minutes of the Public Rights of Way Committee are published on the County Council s Website at:-

Date Published: Tue Oct 28 2008