Agenda item

To consider whether the Authority should make a Definitive Map Modification Order

LOCAL MEMBER: Councillor Menna Baines

Note:   Appendices 1 – 19 included in pack

            Appendix 20 – Treborth Use Timeline (available on request)

DECISION: To authorise the Council to make an order under Section 53 (3)(c)(i), Wildlife and Countryside Act 1981, to register paths A-B-C-D-E-F, as a public footpath on the map and Official Statement.

Note: ⁠As the Council itself was the landowner for most of the relevant period (1995-2015), it would not be appropriate for the Council to support and promote such an Order should there be an objection to the Order. The matter will therefore be referred to the Welsh Government for a decision with the Order being determined through written representation, a hearing or Public Enquiry.

a)     It was reported, in August 2021, that the Council had received an application with supporting evidence from Pentir Community Council under section 53 of the Wildlife and Countryside Act 1981 to register a public footpath on the Definitive Map and Statement in the Treborth area.  The application was made on the grounds that the public had walked along this path, as if they had the right, freely and regularly (i.e., without the landowner's permission, without concealment and without powers), over a continuous period of twenty years. It was noted that the application had been supported by 197 evidence statements by people alleging that they had been using the path. It was explained that the evidence showed public use between 1940 and 2021, the date when the application was made. It was reiterated that four letters of support and supporting photographs had also been submitted with the application.

The path's direction was discussed in detail (from its starting point on Public Footpath Number 12 in the Community of Pentir, along the junction with Public Footpath Number 22 in the Community of Pentir.

In the context of land ownership, it was noted that the path crossed the land of Neuadd Treborth (the former school), which was owned by Mr and Mrs Margeston since July 2014. It was also noted that the path crossed Council land, i.e., the railway bridge, through Treborth Botanical Gardens (which is Bangor University land), then through the Treborth Business Park, where the path runs along unregistered land. It was reiterated that many nearby landowners were also affected by the path. It was highlighted that Cyngor Gwynedd had owned the former school and the land between 1950 and 2014. 

A consultation had been held with all landowners being affected by the path.

Attention was drawn to the observations of the landowners, Mr and Mrs Margeston, who stated that after they had bought Neuadd Treborth back in July 2014, people walking along the path had been challenged, and they had erected a few signs noting that it was private land and signs stating No Public Right of Way.  It was highlighted that the family objected to the application and had evidence noting that people who used the path had been using it with the permission of the former Ysgol Treborth and Penrhosgarnedd Football Club. It was reiterated that the Council was aware that users with authority to use a section of the path claimed did so with the agreement of the Council and Penrhosgarnedd Football Club (these users could not be deemed as long-standing use). 

It was highlighted, when investigating the application, that the evidence suggested that users had also been walking along the section between the botanical gardens, Treborth Business Park and towards Menai Suspension Bridge.  Although no public right of way existed between these two sites, it appeared that users had been using it as a continuation of the path in the application, to reach places such as the Antelope Inn, Menai Suspension Bridge or as a part of their circular route from home which commenced from Treborth, Penrhosgarnedd or Upper Bangor. Following this and legal advice, the plan was amended.

In the context of the date of Bringing into Question, in accordance with the procedure of submitting a case under Section 31 of the 1980 Highways Act, it was noted that there was a need to establish a date when the public's right to use the path was brought into question.   Many dates were considered but it appears that the challenges had reached a specific level by the start of 2015, with residents contacting the Community Council to raise their concerns. (Reference was made to an e-mail received from the Acting Clerk of Pentir Community Council (dated 22/03/2015, referring to the residents of the Treborth area being prevented from walking along a path that they had been using for years). It was considered that the evidence showed, on the balance of probability, that the public had used the path continuously and as a right between the relevant period of 20 years - between March 1995 and March 2015.

The officers recommended that the Council made an Order under Section 53(3)(c)(i), Wildlife and Countryside Act 1981, to register the path, as a public footpath on the Definitive Map and Statement. 

b)     In response to a question regarding the process, and should the Committee authorise the Order and objections were received regarding the order, it was noted that the matter would be referred to the Welsh Government for a decision. Under the circumstances, the Order would be determined through written representation, a hearing or Public Enquiry. If so, it was considered that the Council should take a neutral viewpoint. Furthermore, it was considered that the applicant and the objector should be responsible for submitting the case in favour and against any order.

c)     It was proposed and seconded to authorise the Order

ch)    During the ensuing discussion, the following observations were made by members:

·        That the path was a perfect link from one place to the other

·        That public use was made of the path

·        That the details of the application had been presented well

DECISION: To authorise the Council to make an order under Section 53 (3)(c)(i), Wildlife and Countryside Act 1981, to register paths A-B-C-D-E-F, as a public footpath on the map and Official Statement.

Note: ⁠As the Council itself was the landowner for the vast majority of the relevant period (1995-2015), it would not be appropriate for the Council to support and promote such an Order should there be an objection to the Order. The matter will therefore be referred to the Welsh Government for a decision with the Order being determined through written representation, a hearing or Public Enquiry.