Bryneglwys co

David Rose, Clerk & Responsible Financial Officer Isis, Allt Yr Efail, Llandegla, Denbighshire, Wales LL11 3AW Clerk@BryneqlwysCC,Wales 07917678783

Head of Highways & Environmental Services Denbighshire County Council County Hall Station Road Ruthin LL159AZ

20th April 2018

Re: The "Conquering Hero" Lane

Dear Sir/Madam

Following representations from concerned residents and land owners Council debated the "Conquering Hero" lane at their Ord inary Meeting on 19th April.

Members of the public were in attendance and expressed their concerns and fears over the use of this lane, and the public footpath and bridleway at the Bryneglwys side of the mountain.

In session Council debated the issues and resolved that I write to you on their behalf.

Council unreservedly support an extension of the temporary TRO to prevent all motorised traffic from using the lane, and the public footpath and bridleway, with a view to provide extra time for processing a permanent TRO.

Attached are examples of photographic evidence highlighting the damage caused to farmland and fences, and the confrontations with motorcycle riders. More photographic evidence and personal testimony is available.

Also attached as evidence are statements of concern from, and on behalf of, residents.

The illegal use of motorised vehicles on the public footpath and bridleway is adversely affecting farmers' livelihoods, residents right to a peaceful existence and the safety of all those who walk or ride horses in the area. Illegal users have been known to cut through chains, remove boulders and threaten those who stand in their way.

Author: David Rose, Clerk & RFO Last saved: 19 April 2018 Document: The Conquering Hero Lane - Support Letter To DCC - April 2018 page 1 of 2 Bryneglwys co

If all of this evidence is not sufficient then the fact that the area is in the AONB should be enough to stimulate the County into action.

Council would like to receive a positive response from you for the sake of the local community and those who work the land. A positive response would also enable the police force to take a more rigorous stance towards illegal use.

Council look forward to your acknowledgment of this support letter and your early response that County will take the concerns seriously and plan for positive action in the near future.

Regards

David Rose Clerk & RFO

In the interests of transparency this letter is published to Council's website for all interested parties to view.

Author: David Rose, Clerk & RFO Last saved: 19 April 2018 Document: The Conquering Hero Lane - Support Letter To DCC - April 2018 page 2 of 2

Notes from Diana Mallinson -Researcher on behalf of Save Our Paths Wales

We want the Community Council to support Merfyn and Lyn Jones in getting DCC to take action to continue the protection of this lane from off-roaders.

Councillor Hugh Evans said he was not sure how sustainable DCC's position was, in his e-mail of 12 March, so he seems to be open to solutions.

While the lane has been protected from 4x4 and motorbike use by the temporary TRO, the surface condition has improved without the need for any repairs by DCC.

Most of the section of the lane running through Pen-bedw (Merfyn's and Lyn's farm) and up to the pass, the boundary between Bryneglwys and Liantysilio communities, is public footpath or bridleway, where means that motor vehicle use is illegal without the landowner's permission. However the police will not take action to prosecute motor vehicles using the public footpathlbridleway because the TRF made an application in 2005 for BOAT status. IfDCC made a decision on this application, the NERC Act means that BOAT status should not be possible for this section of the route, and there would be certainty about whether the police could take action.

The alt rnative to DCC making a decision on the application (which it will have to do eventually - Defra advises English authorities to prioritise decisions on such applications where recreational motor vehicle use is contentious) is for DCC to consult on making a permanent traffic regulation order banning motor vehicles except for land management access. Current Welsh Government guidance says that the" Welsh Ministers commend the use of such Orders toprevent inappropriate use and toprotect the countryside where this is necessary and other management measures havefailed or have been assessed to be inadequate."

The effects of the temporary TRO show that protection is needed, either by a decision on the application or by a permanent TRO.

While nee is either deciding the application or consulting on a permanent TRO, it could ask the Welsh Government for an extension of the temporary TRO.

In all three options, the Community Councils and the landowners should be consulted, so they (and therefore SOPS) have a chance to get involved in the process. So when DCC decides the BOAT application, I will be able to use Defra guidance on the NERC Act to argue that the Bryneglwys section cannot become a BOAT (and if necessary take this argument to an Inspector appointed by the Welsh Government, Inspectors who are experienced in deciding this issue in England).

In the pdf of the GLASS website which I sent with my e-mail of 25 Feb, Neil Thompson (North Wales TRF) said that DCC was planning to install a vehicle logger and do a photographic condition survey of the route. In most authorities these actions would be part of the evidence gathering for consulting on a permanent TRO. ut DCC has had vehicle loggers on Allt y Badi and the Wayfarer since 2014, and all it has done on these routes is spend money on repairs and encourage voluntary restraint on Allt y Badi (which hasn't reduced the number of vehicles or the problems).

So if Councillor Evans says this is what DCC is going to do, he should also say how long DCC will collect this evidence for, before starting a consultation on a permanent TRO. IfDCC is not considering a permanent TRO, there is no point in collecting this evidence. Adrian Walls argues that vehicle logger data has been useful in targetting police operations in areas where off-roading is ill gal, such as Moel Fferna, but the police won't be able to take action against use of the footpath section of the Conquering Hero route until the BOAT application is decided. So if Councillor Evans says the vehicle logger is to record illegal activity, DCC should decide the application urgently-- . Acronyms in thi presentation OPSWales = a e Our Paths Wale (ba din Llangollen) DMM = Definiti e Map Modification Order The Definiti e Map is a hi torical document not an Map. Afurther point which many will not know i that alteration to the Definitive Map have to go through a legalproce which the relevant authority have 10 undertake. Obviou ly thi involve' co t . RAT = atural Rural ommunities Act 2006) BOAT = Byway Op n to All Traffic Diana Mallin on = ational Re earcher

_ROAD ORGA I ATIO RF = Trail Rider Fellow hip= Motor Bikes OLA = Or en Lan Association = 4x4s here still are ome gent! manly ff-Roaders and man of them are appalled at the huge influx of incon iderat joy-rider gi ing all ofth m a bad name.

The Bryneglwys nd s ction of the onq i still hown clearly on the Maps as a footpathlbridl way but pre the R ff-Roaders particularly isiting con oy u ing the onq have f rc d th ir way through the gate onto Penbdw arm --illegally and ery aggr i Iy. Merfyn and hi farnil ar e tremely concerned about th futur if ang of Joy-Riding thug ar allow d to attack/threat n him and 'Play' on his field.

The onquering Hero

You will probabl know that it ha been closed to m t r ehicle IOff-Roader b a temporary TR (Traffic Regulation rder) ince 2012. The RF (Trail Rid r ellowship Of -Road Motorbike and OL (r en anes s ociation Off-Road 4 4 ) are now putting pre sure on Denbigh hire ounty ouncil Highway to reopen it, and D hasn't really got an e cu e for not d ing 0 becau e a temporary TR i onl uppo ed to la t while r pair are done (which I think were carried out in 2014. ccording to the A acebook page D i saying that it will be reop ned in April 2018

ut th Bryn glwy ction ofth route i part footpath and part bridleway 0 motor ehicle u e of thi ection i illegal. Howe er th p lie would be unabl to pro ecut b eau e the RF (Trail Rider llowship) mad a DMM ( efiniti e Map Modification rd r) application to D for thi ection to become a BO T (Byway Open to II Traffic). hi application (according to our ational R earcher iana Mallin on won't! houldn't ucceed b eau of the R Act, atural Rural ommunities et 2006) but 0 will have to decide the application to prove thi . (Your Llantysilio ection might b corn a B A b eau e it i exempt from the R Act atural Rural ommunitie Act 2006) but would be a cul-de-sac at Bryneglwy .

What we are a king your Community ouncil to do i --

ContactlPersuade Adrian Walls DCC Highway, to pro s the DMMO (Definitive Map Modification Order) application as a priority, and a k the Welsh Government for an extension to the temporary TRO (Traffic Regulation Order while he/DCC does this.

Alternatively for the benefit of all to con ult on a permanent RO for the route to a aid DCC having to do more repairs in the future and to protect the AD Bland ca which has been damaged in the past by motor vehicles I aving th route.

hank you dwina Lawson Hart or and on behalf of

------RE eaVED 1 9 APR 2018

Dear Sir or Madam, In response to the application to open up the path over the mountain from opposite Plas Newydd, Bryneglwys, for u e by off-road v hicles, we wi h, a walkers and residents, to make the following objections.

1. Danger to walkers and horses and their riders. The path is narrow in parts, particularly on the uphill stretch, soon after entering the gate opposite Plas Newydd.

2. Disturbing the peace for walkers, horse riders and wildlife on a particularly important part of the Area of Outstanding Natural Beauty.

3. Damage to the path and to adjacent ground owned by farmers. Over the years there has been repeated damage caused by the 4 x 4· vehicles and the off-road motorbikes.

4. On arriving at the highest point of the path there is then nothing to stop the vehicles using the whole range of the Llantysilio hills. Again, over the years considerable damage has been done on the whole range and has had to be repaired (in vain) by volunteers.

5. We have experienced some off-roaders using the approach lanes to the gate as a race track. The lane is narrow, single track, with some bends and, although the speed limit is 60 in theory, in practise a safe speed for the road type and conditions is a lot less than driven by many of the off• roaders. The lane i u ed by at least 14 walkers on a regular basis, usually daily and also by several horse riders, also many Duke of Edinburgh Award youngsters and rambling groups .. The additional traffic, if off-road use were encouraged, could cause problems on the approach lane. 6. In om a e ,or the y a1's,polit r que t for the off-reader t low down or to b m re ar ful r eau ing damag ha b en met with er al and phy i al abu or threatened abu e to re ident .

7. dditional pollution and litt r in an rea of Out tanding atural B auty. Th r ar also fr qu ntly large pile of empty drink an I ft on th gr und wh r gr u f ff-r ad r ngr gat .

W ha e noti doer the years that om of th off-r ad mot I' y I do not ha number plat ,owe w nder ifth ya1' ta d and in ured, an additional worry w r w t ha a bump with n n the approa h lan .

In th pa t, the at oppo it PIa wyd ha m tim b n I ft p n by the off-road r (w ha n thi happ n), whi h, if w d it, would r ult in h ep ttin nt th approa h lan , from wh r it i not far to th main r ad, whi h uld r ult in a ri u a id nt.

In rai in th obj cti n w d n t wi h t t P p pI driving £f- ad but r qu t that th y do in r gulat pla pr id d f I' th m.

Y ur aithfully,

Tw concerned Bryn glwy r id nt and walk r . Why we should be applying for a permanent TRO to keep Conquering Hero Green Lane closed to motor vehicles. (This is the unanimous view of all the residents in the vicinity of the Green lane most affected by off roading.) Detrimental affect on the lives of village residents in terms of;

Noise pollution, scrambling bikes can be heard from the village but in the immediate vicinity they are very noisy.

Scrambling bikes racing/speeding around the lanes

Arguments, even resulting in assaults on residents who ask bikers to keep to the paths when they cross their land

Some of the off roaders have been very threatening and abusive and when police arrived to question them turned out to be wanted criminals.

Residents too worried to leave their older children alone in isolated properties when bikers are around.

Residents too intimidated to confront bikers/off roaders when they can see they are clearly breaking the law by not sticking to the lane.

Detrimental effect on village businesses;

Farm gates left open so livestock get out

Noise and vehicles annoy visitors to the caravan park

Visitors to the village unable to enjoy walks around this area as convoys of 4x4s effectively block the lane.

Detrimental effect on the environment;

Since the road has been shut Red kite and black grouse are a familiar site now along the lane

Considerable damage to the path itself by motorised vehicles (that costs DCC money to repair)

Unsuitable activity for an AONB where residents and visitors should be able to enjoy the beauty and peace of the surroundings

Damage to the land surrounding the lane as bikers do not stick to it churning up muddy tracks across agricultural land and the higher parts of the hills.