MEETING PLANNING COMMITTEE DATE 18th March 2013 TITLE Highways Act 1980 An application to Create by Order, a Public Footpath on the Definitive Map, between Ty Newydd and the Cemetery, Community of . PURPOSE To consider whether the Authority should make an Order RECOMMENDATION That Council should make a Creation Order under Section 26, Highways Act 1980 to create a Public Footpath on the Definitive Map of Public Rights of Way.

AUTHOR Aled Davies Head of Regulatory Department

1.0 INTRODUCTION

1.1 This report refers to a request to Create and thereafter maintain, a Public Footpath along land in the ownership of Gwynedd Council in the Community of Corris.

1.2 The application is made on the basis that the public, and Corris Community Council, have requested that this route be created and thereafter maintained as a public right of way in order to provide (with an existing path) a relatively level short circular path from the centre of the village of Corris, while also improving access to the public Cemetery.

2.0 BACKGROUND

2.1 The access to the public cemetery at Corris is exceedingly steep such that visitors to the cemetery have difficulty negotiating the path, and are often highly reliant on the handrails alongside. Corris Community Council have over the years, undertaken various measures to improve access, but it is not practicable to do any more without finding another route to it.

2.2 Alongside the cemetery, and leading towards the centre of the village, is the trackbed of the former narrow gauge , which closed in 1948. The former Dolgellau Rural District Council acquired much of this trackbed to enable them to lay sewers under it, in 1968. This land now belongs to Gwynedd Council.

2.3 In 2001, Corris Community Council took out a lease on the trackbed with the intention of creating a new access along it on foot. Unfortunately, a wall alongside belonging to the former railway, was leaning into the path and was ultimately deemed unsafe. The cost of repairing the wall was considered

1 prohibitive. As a result, apart from clearance of vegetation, the Community Council have been unable to pursue their objective.

2.4 A scheme of improvements under Gwynedd Council’s Slate Areas Regeneration Programme looked at undertaking the proposed works and plans were drawn up. The cost proved to be beyond the budget available.

2.5 The Countryside Council for (CCW), using EU Communities and Nature grant funds, has promoted a programme of path improvements in the Dyfi Biosphere. In order to establish priorities, they undertook a series of Community Engagement events. Of all the events, Corris was the best attended. Almost all respondents mentioned favourably, the access improvement proposal to the cemetery if it could be extended to meet Public Footpath No. 8, thereby forming a short, circular path from the village centre without excessive gradient. Part of Footpath No. 8 had been improved alongside the Afon Dulas to a less-abled standard by the Rights of Way Unit previously, utilising Rights of Way Improvement Plan grant from the Welsh Government.

2.6 CCW considered that the path improvement to and beyond the cemetery should be a priority. Although extra funds were allocated for the work, these would still be insufficient to undertake the wall repair and surface improvement works required. However, the Welsh Government unexpectedly provided further Rights of Way Improvement Plan grant funding in 2012/13. Due to staffing difficulties, there were no other prepared proposals to progress with this grant in Meirionnydd, and the amount available, together with the CCW grant, would between them, enable all work to be undertaken.

2.7 Gwynedd Consultancy were commissioned to develop the earlier (Slate Valleys Regeneration scheme) proposals and put the works out to tender, phased to suit the different grant conditions (in case one grant proved to be insufficient or unavailable by the time works started). The tender for both phases was won by Gwilym James Cyf., Trawsfynydd. Work commenced on site on 20th November 2012.

3.0 LAND OWNERSHIP

3.1 There are four landowners affected by the proposed new path. The other three are all in the process of making formal agreements with this Council, utilising Section 25, Highways Act 1980. All are in enthusiastic agreement that the path should be created.

3.2 The former Corris Railway trackbed is now in the ownership of Gwynedd Council. Under the legislation, Gwynedd Council is not empowered to make an agreement with itself. Therefore, the only procedure that is available is for Gwynedd Council to make a Creation Order under Section 26, Highways Act 1980.

2 4.0 CONSULTATION

4.1 Consultation has taken place with the statutory consultees regarding this application, on 22nd October 2012.

4.2 Consultees Response

Auto Cycle Union No response Byways and Bridleways Trust No response The British Horse Society No response The Ramblers’ Association No response Welsh Trail Riders Association No response Countryside Council for Wales (CCW) No response Cyclists Touring Club No response British Driving Society No response Councillor John Pughe Roberts Verbal support Cyngor Cymuned Corris Support (previously expressed) Open Spaces Society No response Sustrans No response

4.3 If any further observations are received in the interim they will be reported verbally to the Committee.

5.0. RECOMMENDATIONS

5.1 That Gwynedd Council makes an Order under Section 26, Highways Act 1980, to Create a Public Footpath between points B and C on the attached map and to register the way on the Definitive Map of Public Rights of Way for the County of Gwynedd.

5.2 That Gwynedd Council arranges the necessary works to put the route in good repair, utilising grant funds from CCW and the Welsh Government.

5.3 That upon satisfactory completion of the works, the liability for continued maintenance of the route rests with the Highway Authority.

6.0 BACKGROUND PAPERS

File AM/PC/13/507

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