Application for Public Path Diversion Order, Public Footpath No. 2 (Part) in the Community of the Vale of Grwyney
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Application for Public Path Diversion Order, Public Footpath No. 2 (Part) in the Community of The Vale of Grwyney Name of Planning, Access and Rights of Way Committee Committee Date 15th May 2018 Report author Eifion Jones Job title Rights of Way Officer Contact details 01874 620452 [email protected] Purpose of report To consider making a public path order to divert a section of public footpath no. 2 in the Community of The Vale of Grwyney Single Integrated Not applicable Assessment List of Enclosures Enclosure 1: Plan of proposal Enclosure 2: Statement of Reasons Enclosure 3: Additional Statement of Reasons Enclosure 4: Numbered photographs Enclosure 5: Plan showing camera locations Public interest test Not applicable Recommendations (i) that the application to divert public footpath no. 2 (part) in the Community of The Vale of Grwyney be approved and that an order be made under section 119 of the Highways Act 1980; (ii) that an order be made subject to the applicant reimbursing all of the Authority’s costs in accordance with the policy concerning the recovery of costs for public path and rail crossing order; (iii) that an order be made subject to the applicant entering into an agreement with the National Park Authority to meet all costs involved in bringing the diversion route of the footpath into a fit condition for use by the public and that all necessary works undertaken by the applicant are completed to the satisfaction of the National Park Authority; (iv) if no representations or objections are duly made to the order during the statutory objection period, or if any so made are withdrawn, that the order be confirmed as an unopposed order. 1.1 Details of the Application Applicant: Mr Stephen Hindmarsh, Ty’n y Cae, Glangrwyney, Crickhowell, Powys NP8 1EL Landowner: Mr Stephen Hindmarsh, Ty’n y Cae, Glangrwyney, Crickhowell, Powys NP8 1EL Location: Ty’n y Cae, Glangrwyney, Crickhowell, Powys NP8 1EL Grid Ref: 323936,216615 Community: Vale of Grwyney The application has been submitted by Mr Hindmarsh (“the applicant”) to the National Park Authority (“the Authority”) under section 119 of the Highways Act 1980 (“the Act”). A map showing details of the present and proposed routes is shown at Enclosure 1. The applicant has submitted a statement of reasons for the proposed diversion with the application. The statement is shown at Enclosure 2. In summary, the statement raises the following issues as grounds for a diversion: i) the number of walkers staying into the garden has significantly increased and, they find it difficult to find a way out; ii) the applicant’s young children are dismayed and frightened by being confronted by strangers in the garden. Whilst the existing layout of the drive can be confusing (leading to these incidents), the safety of family members and the security of the property is the main concern; iii) it is increasingly common for walkers’ dogs to be left to run free. This has caused some distressing incidents; iv) theft has become more of a problem in the area and there is a worry that strangers in the garden may not always be stray walkers; v) re-routing the footpath will allow greater protection for the family, privacy and security of the property; vi) re-routing the footpath will give walkers a more fulfilling experience by allowing them to walk through an attractive riverside setting; vii) a survey of local walkers and visitors suggests that they would prefer to walk by the river; viii) the added distance is 140 yards which would add no more than a minute to complete The Authority undertook a consultation exercise based on the contents of this statement. An additional statement was provided several months after the application was submitted following a change of circumstances. The additional statement is shown at Enclosure 3. In the statement the following additional issues are raised: i) the family has acquired two horses and these are kept in the field where the footpath is located; ii) should the application be successful it is intended to double fence the footpath at a minimum width of 3 metres. This will solve the problems with dogs worrying sheep; iii) should the application be successful, the National Park Authority will be allowed to replace the stile, at the northern end of the footpath, with a more accessible gate The Authority undertook a second consultation exercise in order to bring the additional statement to the attention of consultees. 1.2 Details of legislation Section 119(1) of the Act states that an authority may make an order where it appears to be expedient to divert a path in the interests of the owner, lessee or occupier of land crossed by the path or of the public. Section 119(2) of the Act states that a public path diversion order shall not alter a point of termination of the path if that point is not on a highway, or, where it is on a highway otherwise than to another point which is on the same highway, or a highway connected with it, and which is substantially as convenient to the public. Section 119(6) of the Act states that before an authority confirms an order they must be satisfied that the diversion to be effected by it is expedient as stated above and further that the path will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which the diversion would have on public enjoyment of the path as a whole. 1.3 Site description and associated issues Ty’n y Cae is located approximately 250 meters to the north of the village of Glangrwyney. Footpath no. 2 proceeds from the A40, from the middle of the village, and proceeds northerly following the private road to Ty’n y Cae before entering a field and passing to the west of the property. It continues into a second field before terminating on a minor road to the south of the village of Llangenny. The footpath is currently furnished with three stiles, one on each field boundary. Horses are kept in the first field. Sheep are sometimes present in both fields. One point that requires clarification is that of the route of the footpath as it approaches Ty’n y Cae from the south. This is alluded to in the first statement as detailed above. The route in use on the ground is slightly different to that shown on the Definitive Map in that it is located on the opposite side of the hedge that comprises the western boundary of the private drive. A length of approximately 40 metres of the footpath is shadowed in this manner by this alternative route. The route of the footpath as shown on the Definitive Map is not usable in its entirety at this point due to the presence of a hedge. The difference between the positions of the two routes is a matter of a few metres and impossible to identify on an Ordnance Survey 1:25000 map, that most commonly used by walkers. There is a very obvious stile and fingerpost located on the alternative route at this point and it is somewhat difficult to see how a walker, unfamiliar with the footpath, could walk into the curtilage of Ty’n y Cae thinking that the footpath was being followed (see photograph 1 in Enclosure 4). This is only an issue as Ty’n y Cae is approached from the south. No such problem exists whilst approaching from the north. From that point onwards the footpath passes to the west of Ty’n y Cae and parallel to a fence/hedge line that demarcates its curtilage. The front of the property is visible from the footpath although it is partly obscured where hedges are present and dependent on seasonal growth (see photographs 3 and 4 in Enclosure 4). It is understood that sheep have been present in both fields at various times of the year. The southern field is where the horses, mentioned in the second statement, are now kept. Both fields are level and the surface of the footpath is largely grass. There is evidence of the passage of walkers as the footpath is quite well worn in some areas. The applicant’s intention is to divert the footpath to the western side of the two fields so that it follows parallel to the Grwyne Fawr river. At its furthest distance this would take the diversion approximately 90 metres away from the original footpath and increase the length of the entire footpath by approximately 140 metres. The total length of the footpath would increase from 795 metres to 935 metres. At a speed of 5 km/h1 that equates to an additional 1 minute and 40 seconds of journey time. This calculation is based purely on the additional distance and does not take into account the presence of the stiles on the footpath. The route of the diversion is elevated considerably above the river and would be set back 5 metres from the water’s edge. The river is a Special Area of Conservation (“SAC”) and Natural Resources Wales have insisted that a corridor exist between the line of the diversion and the river. The intention being to provide a buffer zone alongside the river which would provide an area of cover for otters. The installation of a fence between the diversion and the buffer zone would also prevent walkers, dogs and stock from entering the area thereby reducing disturbance.