Agenda item

To submit the report of the Head of Environment Department.

LOCAL MEMBER:    Councillor Louise Hughes

Submitted - the Head of the Environment Department's report stemming from an application to register on the Public Rights of Way Definitive Map a public footpath in the Community of Arthog.

The background to the application was explained, and it was noted that the Committee at its meeting on 25 June 2018 had resolved to:

"Approve the application to add the public footpath to the Council's Definitive Map and Statement as shown by A-B on the plan provided in Appendix 1 of the report on the following grounds: 

·                     That the path had been used by walkers over a period of twenty years between 1942 up to 1962; and   

·                     That the signs for that period, from the evidence submitted, were not sufficiently (legally) effective to prevent the assumption that the highway had been dedicated under section 31 (1) Highways Act 1980, and   

·                     Specifically that the sign 'Private Road' seen on the photographs in the report referred to vehicles only and not walkers, and it was not intended to prevent walkers from using the plot."

It was explained that the entire path was shown on the plan in Appendix 1 of the report as A-B-C, the Committee's decision on 25 June 2018 authorised use of an order to register part A-B. The Committee was asked whether the path shown between B and C on the plan should be registered. It was noted that if the Committee would approve the application to register part B-C, then in accordance with the Committee's previous decision, an order would be created to register the path shown as A-B-C on the plan in Appendix 1.

It was noted that evidence of use of the path between B and C had been included in the report and members were reminded that evidence of use over a period of twenty years was needed. It was highlighted that the Committee, at its meeting on 25 June 2018, had resolved that the period relevant to part A-B was 1942 to 1962.

It was explained that the part between B and C followed the path of the old tramway from Barmouth to Mawddach Crescent and that it was worth noting that there had been some change in the condition of this stretch, and the ability to walk on part of it depended on the tide. It was added that there was a strong evidence base that people had used the path on part B to C over a period of time.

The Senior Solicitor gave guidance, noting that the Committee had approved the application to register the path between A and B as a public footpath based on evidence of use. He reminded the members that in contrast to the path between A and B there were no signs on the path between B and C. He noted that the same type of evidence of use existed on the path between B and C as on the path between A and B.

The Local Member noted that it had been a long process, the application to register the path had been submitted in August 2014. She explained that the path had been used historically since before the existence of Mawddach Crescent. She explained that she knew Mrs Roberts, former owner of Fegla Bach, and her only objection was to people walking along Fegla Bank as she was concerned dogs would be let off their leads. She noted that approving the application to register the path between B and C would ensure the continuation of the path between A-B-C and she hoped the Committee would support the proposal.

It was proposed and seconded to approve the application.

A member noted that he had extensive experience with a similar application approved by the Committee which was called to appeal. He explained that the process took years with a very formal and complex public hearing as both sides had so much evidence. He asked why the evidence of use was restricted to the period between 1942 and 1962 considering that there was evidence of use for the period between 1906 and 2006.

In response, the Senior Solicitor explained that the statutory test period of use was twenty years from the time of receiving the objection to the use. The Solicitor added that further evidence could be submitted at a public inquiry.

RESOLVED to approve the application to add the public footpath to the Council's Definitive Map and Statement as shown by B-C on the plan provided in Appendix 1 of the report the grounds that walkers had used the path for a period of twenty years between 1942 and 1962.