Public Rights of Way

Committee Minutes

Thu Mar 17 2016

Related Documents:
agenda for these minutes

Present:-

Councillors Sanders (Chairman), Brook, Colthorpe, Eastman and Gilbert.

(NB: Councillor Brook present from Minute *PR/61 onwards and Councillor Eastman present from Minute *PR/62 onwards.)

Apologies:-

Councillors Dempster, Knight, Hook and Morse.

Members attending in accordance with Standing Order 25

Councillor Edmunds

*PR/58 Announcement

The Chairman welcomed Mrs Saltmarsh who was attending the meeting in her capacity as a Co-opted Member of the Council's Standards Committee to observe and monitor compliance with the Council s ethical governance framework.

*PR/59 Minutes

RESOLVED that the minutes of the meeting held on 26 November 2015 be signed as a correct record.

*PR/60 Devon Countryside Access Forum

The Committee received the draft minutes of the meeting held on 26 January 2016.

The Head of Highways Capital Development and Waste reported that the Devon Countryside Access Forum had considered the proposed changes to the enforcement protocols and a further report would be submitted to a future meeting of this Committee.

The Chairman expressed his gratitude to Public Rights of Way Officer, Steve Gardner, for his comprehensive presentation to the Devon Countryside Access Forum on the various enforcement issues.

*PR/61 Public Rights of Way Update

The Head of Highways Capital Development and Waste reported on progress throughout the year on management of the network, namely:-

erosion of river paths and coastal slippage had occurred this year, but not as major as in previous years;

Seaton Undercliff agreement had been reached to a diversion of the footpath to the top of the cliffs; works were nearing completion and the footpath would hopefully be open for Easter;

steps to Rockham beach in North Devon in partnership with the National Trust and with funding from Coastal Communities, works were nearing completion and the steps would be open for Easter;

the collapse of the sea wall at Hope Cove would be repaired by Easter;

slippage at Thurlestone the existing footpath would be closed and a new permanent footpath provided to the rear of the houses through confirmation of a diversion order;

access to footpaths and ease of use criteria was at 95%, with three yearly warden inspections on target;

willow spiling would be taking place shortly in the River Otter where previous work had proved to be very successful;

there had been a 3.5% budget cut for next year, however, this would not be passed on in the grant agreements with the two National Parks and external funding was being sought.

The Committee noted that the access to paths and ease of use criteria was above the 90% target, which was a considerable achievement given the extent of the county s network, and wished to extend its gratitude to both Officers and the Parish Paths Partnership volunteers in helping to keep the paths open.

The Head of Service also reported that the rights of way reforms contained in the Deregulation Act 2015 were expected to be implemented at the beginning of July and a report thereon would be submitted to the July meeting.

*PR/62 Definitive Map Reviews

(a) Parish Reviews

(i) Definitive Map Review 2014-2016 Parish of Broadclyst

The Committee considered the Report of the Head of Highways, Capital Development and Waste (HCW/16/14 - text only | pdf HCW/16/14) and background papers available prior to and at the meeting, examining the Definitive Map Review in the parish of Broadclyst.

It was MOVED by Councillor Sanders SECONDED by Councillor Brook and

RESOLVED that an Order be made to add a Public Footpath from Point A to B as shown on plan HCW/PROW/15/007.

(ii) Definitive Map Review Parish of Clayhidon (part 3)

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

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/16/15 - text only | pdf HCW/16/15) and background papers available prior to and at the meeting, examining the final two proposals arising from the Definitive Map Review in the parish of Clayhidon.

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

RESOLVED

(A) that a Modification Order be made to modify the Definitive Map and Statement by adding a public bridleway along Routy Lane between the points A-B as shown on drawing number HCW/PROW/14/88a (Proposal 6).

(B) that a Modification Order be not made to modify the Definitive Map and Statement by upgrading Footpath No. 31 Clayhidon and Footpath No. 40, Hemyock to a Public Bridleway between the points A-B-C-D-E-F as shown on drawing number HCW/PROW/15/46 (Proposal 3).

(iii) Definitive Map Review - Parish of Combe Raleigh (part 2)

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/16/16 - text only | pdf HCW/16/16) and background papers available prior to and at the meeting, examining eight proposals arising from the Definitive Map Review in the parish of Combe Raleigh and adjoining parts of Luppitt parish.

It was MOVED by Councillor Sanders SECONDED by Councillor Brook and

RESOLVED that Modification Orders be not made in respect of Proposals 7-11 for the applications to record claimed public footpaths in Combe Raleigh parish, and that Modification Orders be not made in respect of Proposals 9-14 from applications for claims in adjoining parts of Luppitt parish.

(iv) Definitive Map Review Parish of Ilfracombe

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

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

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/16/17 - text only | pdf HCW/16/17) and background papers available prior to and at the meeting, examining seven proposals arising from the Definitive Map Review in the parish of Ilfracombe.

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

RESOLVED

(A) that a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath between points B1 - B2 as shown on drawing number HCW/PROW/14/120 (Proposal 8) to resolve an anomaly affecting Footpath No. 40 so that it meets Footpath No. 38;

(B) that a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath between points C18 - C19 and C20 C21 as shown on drawing number HCW/PROW/14/124 (Proposal 12) to resolve an anomaly affecting Footpath No. 65 so that it meets the county roads at both ends;

(C) that a Modification Order be made to modify the Definitive Map and Statement by deleting part of Bridleway No. 66, between points D1 D2 D3 as shown on drawing HCW/PROW/14/125 (Proposal 13) to resolve an anomaly affecting the bridleway where it has dual status with the county road, Chambercombe Lane;

(D) that a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath between points D15 D16 as shown on drawing HCW/PROW/14/128 (Proposal 16) to resolve an anomaly affecting Footpath No. 88 so that it connects with Footpath No. 58 at the junction of Cairn Road and Kingsley Avenue;

(E) that a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath between points E7 E8 as shown on drawing HCW/PROW/14/133 (Proposal 21) to resolve an anomaly affecting Footpath No. 109 so that the Definitive Map reflects the Definitive Statement;

(F) that a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath between points E22 E23 as shown on drawing HCW/PROW/14/134 (Proposal 22) to resolve an anomaly affecting Footpath No. 112 so that the Definitive Map reflects the Definitive Statement; and

(G) that a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath between points G19 G20 as shown on drawing HCW/PROW/14/135 (Proposal 23) to resolve an anomaly affecting the footpath so that it meets the county road, Horne Road.

*PR/63 Public Inquiry, Informal Hearing, and Written Representation Decisions; Directions and High Court Appeals

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

The Committee considered the report of the Head of Highways, Capital Development and Waste (HCW/16/21 - text only | pdf HCW/16/21) and background papers available prior to and at the meeting relating to Modification Orders noting the correction of the text of the Report HCW/16/21 - text only | pdf HCW/16/21 to include:

(iii) Public Inquiry: Footpath No. 2, Culmstock (part) Bridleway No. 38, Culmstock and Restricted Byway No. 1 Hemyock Definitive Map Modification Order 2012 interim decision: proposed for confirmation subject to modifications.

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

RESOLVED

(i) Schedule 14 Application: addition of claimed footpaths in parts of Combe Raleigh parish and an adjoining part of Awliscombe parish, East Devon

that the direction on behalf of the Secretary of State to make Modification Orders following the appeal decision allowed in respect of the applications be noted, and that authorisation be given for Orders to be made adding the footpaths shown on the lines between points A-B, A-C-D-E, F-G-D-H, I-C and L-M-N on drawing number HTM/PROW/14/81, presented to Committee on 24 June 2015 (HCW/15/40 - text only | pdf HCW/15/40).

(ii) Schedule 14 Application: addition of a claimed Restricted Byway in Berrynarbor parish, North Devon

that the direction on behalf of the Secretary of State to make a Modification Order following the appeal decision allowed in respect of the application be noted, and that authorisation be given for an Order to be made adding the Restricted Byway shown on the line between points A-B-C on drawing number HTM/PROW/15/21, presented to Committee on 24 June 2015 (HCW/15/41 - text only | pdf HCW/15/41).

PR/64 Public Path Orders - Diversion Orders

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

(a) Diversion Orders

Footpath No. 1 Stoke Fleming Public Path Diversion and Definitive Map and Statement Modification Order 2015

(b) Creation Orders/Agreements

Bridleway No.17, East Anstey Public Path Creation Agreement.

*PR/65 Future Meetings

Dates of future meetings of the Committee are published at:

https://new.devon.gov.uk/democracy/calendar/

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.00 pm and finished at 3.32pm.

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

Date Published: Tue Mar 22 2016