Agenda item

Proposal to create a Public Footpath in the Community of Llanystumdwy under Section 26 of the Highways Act 1980, over a parcel of land that is part of a private property called Fferm Afonwen, Glanllynnau and Tŷ'n Morfa to facilitate the Wales Coast Path Project and the interests of the area's residents.

DECISION: To approve the application:

a)    To prepare and submit a Section 26 Creation Order to ensure public access over a substantial parcel of land (2.63km) in private ownership.

b)    Should no objection to the order be received, or should an objection be received which is withdrawn at a later date, that the Order is approved.

c)    Should an objection be received which is not withdrawn, that the Council submits the creation order for the attention of PEDW for a decision.

A proposal was submitted by the Wales Coastal Path Project Officer to create a new public footpath in the Community of Llanystumdwy, over a parcel of land that was part of a private property called Fferm Afonwen, Glanllynnau and Tŷ'n Morfa which would facilitate the Wales Coastal Path Project and the interests of the area's residents. ⁠ 

It was noted that, should the Committee approve the order, a statutory arrangement should be followed which would begin with publishing a notice that an order had been made and conducting an extensive consultation. It was explained, if objections would not be received, the order would continue, but if objections were received, the Council would present all the evidence to Planning and Environment Decisions Wales (PEDW) for a decision. It was emphasised that the decision would not be made by the Council - an independent auditor would be appointed by PEDW. 

It was explained that the proposal highlighted the intention to create a new part of the Wales Coastal Path which would provide access on foot between the Afonwen area and the current footpaths network in the vicinity of Tŷ'n Morfa.  

Despite the effort made to secure a voluntary agreement, it was highlighted that the landowners did not believe that the footpath was needed, therefore possible options had to be considered and create the path by following the enforcement procedure. The proposed footpath would run approximately 2.63km on the inland side of the railway. It was considered that the proposal was an improvement to the Coastal Path, a significant improvement to the current footpath (which was currently located on a very busy road) and addressed the requirements of the Welsh Government and Natural Resources Wales – the option was reasonable and had the local support of the Local Member and the Community Council. Should the proposal be approved, the door would be open for the landowners to discuss possible options. 

b.               Taking advantage of the right to speak, the Local Member made the following comments: 

·            He welcomed the plan in principle 

·            There was a lack of public footpath along the coast between Afonwen and Afon Dwyfor 

·            It would be good to see a footpath along the coast 

·            The current detour was significant – following the coast would be more ideal 

·            It would be good to get the views of landowners if they preferred a better alternative footpath 

·            This was a significant step – the proposal should be praised 

·            Had consideration been given to laying the footpath on the inside of the railway or was this related to land erosion near the sea? 

c.                It was proposed and seconded to approve the application 

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

·        They hoped that the landowners were ready to discuss alternative options 

·        Great to see the footpath being developed and see people using it 

·        The road which the footpath was currently a part of was extremely busy 

·        They supported the application for walkers only 

d.               In response to a question as to whether the footpath could also be a bridleway, it was noted that this footpath joined footpath no. 54 and, because it was intended for the footpath to run adjacent to a noisy railway, it was considered unreasonable for horse use. 

In response to a question regarding the plan ending in Tŷ'n Morfa and whether there were plans to upgrade the area and connect onwards with the coastal path, it was noted that a bridge of approximately 36m would have to be constructed over the river to continue with the path. Despite significant costs, it was noted that this was the wish for the future, but it was not part of this plan. 

In response to a question about why the footpath had to be on the inland side of the railway which would mean that it would not be possible to get views of the sea, and whether consideration could be given to 'automatic roll back' as was being done in England, it was noted that Network Rail owned the land on the side of the sea and they were unwilling to lay a footpath here. It was reiterated that there were no roll back powers in Wales. 

RESOLVED: To approve the application: 

a.          To prepare and submit a Section 26 Creation Order to secure public access over a substantial parcel of land (2.63km) in private ownership. 

b.          Should no objection to the order be received, or should an objection be received which is withdrawn at a later date, that the Order is approved. 

c.          Should an objection be received which is not withdrawn, that the Council submits the creation order for the attention of PEDW for a decision.