Along the Taff Trail Between Aberfan and Rhydycar and to Recommend the Approval of the Making of the Relevant Orders

MERTHYR TYDFIL COUNTY BOROUGH COUNCIL

DATE WRITTEN 10 th August 2009

REPORT AUTHOR Beth Jones

HEAD OF SERVICE E Foley

COMMITTEE DIVISION Portfolio

COMMITTEE Rights of Way

COMMITTEE DATE 27 th August 2009

TO: Chairman, Ladies and Gentlemen

DETERMINATION TO RECORD NINE PUBLIC RIGHTS OF WAY, BRIDLEWAYS, ALONG THE TAFF TRAIL, BETWEEN ABERFAN AND RHYDYCAR

PURPOSE OF REPORT: To request that Councillors approve the recording of nine public rights of way, bridleways, along the Taff Trail between Aberfan and Rhydycar and to recommend the approval of the making of the relevant Orders.

1.0 INTRODUCTION AND BACKGROUND

1.1 The Taff Trail is a 55 mile way marked route from the town of Brecon to the City of Cardiff, passing through Merthyr Tydfil along the way. The trail is also part of the National Cycle Network and is known as Route 8.

1.2 Merthyr Tydfil County Borough Council (MTCBC) has evidence that sections of the Taff Trail, depicted by solid black lines on the attached plans, should be recorded as Public Rights of Way (ProW), bridleways.

1.3 These routes are referred to as Merthyr Vale 8, Merthyr Vale 9, Merthyr Vale 16, Troedyrhiw 76, Troedyrhiw 77, Troedyrhiw 114, Troedyrhiw 78, Troedyrhiw 79, and Cyfarthfa 65.

2.0 THE ROUTE

2.1 The claim was received in 1990 and was claimed as a byway open to all traffic. The route which was claimed at the time has been sub divided into nine separate sections each with their own unique name and number.

3.0 DESCRIPTION OF CLAIMED ROUTES

3.1 Merthyr Vale 8

The route commences at Point A on the plan in Appendix 1 at Grid Reference ST 0726 9939 and proceeds in a general northerly direction along a tarmacadam surface to the rear of properties in Perthygleision, Thomas Street, Walters Terrace, Park View, Bryntaf and Griffith Terrace, Aberfan to terminate at Point B on the plan at Grid Reference ST 0705 9997. At this point the route meets adopted highway. Along this route is a bollard. The approximate length of this route is 632 metres, with a width of between 2 and 4 metres.

3.2 Merthyr Vale 9

The route commences at Point A on the plan in Appendix 2 at Grid Reference ST 0705 0999, and proceeds in a general northerly direction for approximately 334 metres to the rear of properties of Cartref, Ael-y-Bryn, Maes y Bryn, Aberfan Road, Coronation Place and Moy Road Aberfan, to Point B on the plan at Grid Reference SO 0691 0028. The approximate length of this route is 334 metres, with a width of between 2 to 4 metres. At this point the route meets its junction with Merthyr Vale 15, which was originally part of the same route, but was dedicated as a bridleway by the landowners, the Coal Authority.

3.3 Merthyr Vale 16

The route commences at Point A on the plan in Appendix 3 at Grid Reference SO 0700 0703, and proceeds in a general northerly direction to the rear of properties in Orchard Close, Ynysygored House, Ynysygored Farm, Park Place, Diana Street, Finchly Close and Plas y Coed House, Aberfan to its junction with the maintainable highway Point B on the plan at Grid Reference SO 0675 0202. Along this route there are two large boulders, a permanent bollard and a barrier. The approximate length of the route is 1469 metres.

3.4 Troedyrhiw 76

The route commences at Point A on the plan in Appendix 4 at Grid Reference SO 0675 0203, and proceeds in a general northerly direction along a tarmacadam surface to the rear of properties in Nant-y-Coed, The Old Vicarage, Church Street, Windsor Street, Harriet Town and Brooklands, Troedyrhiw to its junction with the maintainable highway at Point B at Grid Reference SO 0671 0253. Along this route there are bollards. The approximate length of the route is 416 metres, with a width of between 2 and 4 metres.

3.5 Troedyrhiw 77

The route commences at Point A on the plan in Appendix 5 at Grid Reference SO 0644 0302, and proceeds in a general northerly direction along a tarmacadam surface to the front of the properties Canal House and Aquarius and adjacent to Gethin House and Newton Street, Abercanaid to Point B on the plan at Grid Reference SO 0589 0343. Along this route there are bollards. The approximate length of this route is 416 metres with a width of between 2 and 4 metres.

3.6 Troedyrhiw 114

The route commences at Point A on the plan in Appendix 6 at Grid Reference SO 0588 0344 and proceeds in a general northerly direction along a tarmacadam surface running either adjacent to or to the rear of properties in Gethin Street, Gethin Place, Nightingale Street and Canal Row, Abercanaid to Point B on the plan at its junction with the maintainable highway at Grid Reference SO 0559 0380. The route also links with a Legal Right of Way, Troedyrhiw 6. Along this route there are bollards. The approximate length of the route is 466 metres with a width of between 2 and 4 metres.

3.7 Troedyrhiw 78

The route commences at Point A on the plan in Appendix 7 at Grid Reference SO 0538 0405 and proceeds in a general northerly direction along a tarmacadam surface to Point B with its junction with the maintainable highway at Grid Reference SO 0523 0423. The approximate length of this route is 240 metres with a width of between 2 and 4 metres.

3.8 Troedyrhiw 79

This route commences at Point A on the plan in Appendix 8 at Grid Reference SO 0523 0430 and proceeds in a general northerly direction along a tarmacadam surface adjacent to the properties Clare House, Glyndyrus Close, Pitwood House and Glyndyrus House, Upper Abercanaid to Point B at Grid Reference SO 0497 0513 to its junction with a legal bridleway Troedyrhiw 81. The length of this route is approximately 820 metres with a width of between 2 and 4 metres. The original route claimed extended to Point C on the plan, but was stopped up by a Public Path Stopping Up Order in 1995.

3.9 Cyfarthfa 65

The route commences at Point A on the plan in Appendix 9 at Grid Reference SO 0492 0553 and proceeds in a northerly direction to Point B on the plan at Grid Reference SO 0486 0558. The approximate length of the route is 82 metres. The width of the route for the applicable period was between 2 and 4 metres. The original route claimed extended to Point C on the plan but was stopped up by a Public Path Stopping Up Order in 1995.

4.0 USER EVIDENCE

Original claim

4.1 Six evidence forms were completed and submitted in 1990 with the application.

4.2 The principal claimant stated that he had used the route for 35 years on foot, bicycle and motor cycle (in parts). He also stated that a road had been placed on the bridleway in Upper Abercanaid and no alternative was provided. He further stated that a fence had been placed across the trail in Upper Aberfan and that it should be removed. He stated that the bridleway had been in public use for over 100 years, its

recreational importance should be recognised and full protection afforded to it, by Welsh Water and Mid Glamorgan County Council (now Merthyr Tydfil County Borough Council).

The principal claimant was also interviewed by a member of the Rights of Way team and he stated that he had cycled and walked to Abercynon when he was younger (although his claim only extended as far as Aberfan). He said that 99% of his use was walking, but did go many times on his bike. When he lived at Caedraw he rode to Abercanaid every night to see his girlfriend (now wife). His brother in law also led the claimant along the route on a horse. He stated he had never been challenged whilst using the route. He stated north of Clare House is a bridleway and then adopted highway and there is evidence of regular driving, he had used it himself. Above the Glamorgan Arms pub in Abercanaid the land collapsed and that should be bridleway and not for vehicles. In the south were Tai Parc Houses and that it was the only vehicle access for the ash van, coal deliveries etc. He had driven along this but there are now bollards to prevent access.

From the Dynevor in the north he had cycled to Aberfan and remembers going down on his scooter just after the Aberfan disaster. He had gone down as far as the Giants Bite on occasions.

4.3 One person stated that he/she had used the route on foot for 25 years.

4.3.1 One person stated that he/she had used the route for 40 years on foot and horseback.

4.3.2 One person stated that he/she had used the route for 40 years, he/she stated that a fence had been erected at or below Aberfan.

4.3.3 One person stated that he/she had used the route for 30 years on foot, horseback and motor vehicle. He/she also stated that a fence had been placed at Aberfan blocking the towpath.

4.3.4 One person stated that he/she had used the route all his/her life and that a fence had been erected below Aberfan stopping any continued use.

Recent Consultation

4.4 As the Taff Trail runs close to so many properties two public exhibitions were held for people to provide comments on their usage. They were held in Abercanaid and Aberfan. A summary of comments provided follows:

4.4.1 One person stated that he/she used the trail for walking.

4.4.2 One person stated that there is enough noise at present and the trail should be for walking and pushbikes.

4.4.3 One person stated that he/she would like the trail as a walkway, bridleway or cycle path and be maintained for the future, but strongly objects to a byway open to all traffic (boat) or roadway.

4.4.4 One person stated that he/she had used the trail for 56 years for walking and has seen cyclists using it. There are problems with motor bikes and some cars use it to get to their garages.

4.4.5 One person stated that he/she had no problems with cyclists. They have concerns with dumping and motorbikes. They have their coal delivered via the trail and often use it for walking.

4.4.6 One person stated that the Taff Trail had been used for a number of years by large numbers of the public as part of an ongoing method of introducing more people to the environment and increasing the healthy leisure activities. He/she hoped it is maintained as a walkway, cycleway and bridleway, but would object to a byway.

4.4.7 One person said cycleway and bridleway acceptable, but would object to byway.

4.4.8 One person said acceptable for bridleway but not for byway.

4.4.9 One person stated that he/she hoped it is not used as a byway as he/she has concerns with scrambling issues but would like to see a cycleway/bridleway.

4.4.10 One person stated that he/she had concerns for vehicles using the trail as it would compromise the safety of walkers.

4.4.11 One person said he/she was in favour of walking, cycling and horse riding but against motorcycles.

4.4.12 One person said he/she agreed that it was a footpath and bridleway but disagreed to vehicular use.

4.4.13 One person disagreed wholeheartedly to a by-way, and said that it is already dangerous to users from quad bikes and scramblers. It is a beautiful trail which they have used for walking and cycling since childhood and use it daily for dog walking.

4.4.14 One person stated that he/she is 55 years old and that he/she has used the trail for the whole of his/her life for walking, bike riding, jogging, horse riding and horse driving. During the past 13 years the activities have become more frequent as he/she lives adjacent to the trail.

4.4.15 One person stated that he/she has used the trail for the past 13 years for family activities including walking, bike riding, horse riding and horse driving.

4.4.16 One person stated that he/she has used the Taff Trail for the last 70 years, as he/she walks daily from Abercanaid to Cyfarthfa Park and weekly from Abercanaid to Aberfan.

4.4.17 One person stated that he/she has used the Taff Trail, which was known as the Canal Bank, for sixty years. As a child the Canal Bank was used for walking as well as for playing. He/she now walks with friends from Abercanaid to Cyfarthfa Castle on a weekly basis and to Aberfan and back on a regular basis to visit the cemetery and for recreational use. The route has been used on a regular basis going back to the early part of the 20 th century.

4.4.18 One person stated that he/she uses the Taff Trail once a week with their family for walking and cycling.

4.4.19 One person stated that he/she does not mind if the Taff Trail remains a walkway, cycleway, bridleway but would object to it becoming a byway.

5.0 LAND OWNERSHIP

5.1 The land over which the route lies is owned in combination by Welsh Water Dwr Cymru, Merthyr Tydfil County Borough Council and T Mobile.

6.0 MAPS

6.1 This route is not depicted on the extant Definitive Map.

6.2 The route is shown on the Tithe Map (1850).

6.3 Several editions of Ordnance Survey (OS) maps were examined and the route was depicted on the 1875, 1900, 1919, 1957, 1967 and 1970 maps.

7.0 AERIAL PHOTOGRAPHS

7.1 The route is depicted on 1967, 1981, 1982 and 2006 aerial photographs.

8.0 BOOKS/JOURNALS/PAMPHLETS/WEBSITES CONSULTED

8.1 There are many leaflets which have been produced promoting the usage of the Taff Trail.

8.2 An official guidebook entitled “The Taff Trail” by Jeff Vinter describes the route. Extracts from the book include:

“The trail has now entered the former mining village of Aberfan, which achieved tragic fame in 1966 when the local tips slipped, crushing many houses and the village school”.

“On leaving Aberfan the canal regains open country, accompanied by the Great Western and Rhymney Railways joint line from Quakers Yard to Merthyr which appears first on the right, then on the left”.

“The next settlement of any size is that of Troedyrhiw, most of which is situated on the opposite bank of the river”.

“At GR 062032 the canal passes under the A470 for the last time. It continues through Abercanaid and Rhydycar before arriving at Merthyr at the technical college”.

9.0 GOVERNMENT ORDERS AND RECORDS

9.1 The Cardiff to Llangurig Trunk Road, Abercynon to Pentrebach Diversion Order 1979 recognised on its plan the status of the Taff Trail.

9.2 A draft rights of way survey carried out in 1979 recognised two sections of the trail:

“Path number 43, type BR, commences at the end of County Road next to Castle Houses, passing old ironworks to its termination on south western end of Newton Street, Abercanaid”. Length 1500 yards, width 8 feet.

“Path number 46, type BR, commences at the southern end of Quay Row and proceeds in a northerly direction following a defined track past Clare House, Glyndyrys House over earthern mound across track under two railway bridges to its termination at gate and style.” Length 1100 yards, width 8 feet.

9.3 A letter was sent dated 6 th October 1976 from Merthyr Tydfil Borough Council to Mid Glamorgan County Council entitled “Glamorganshire Canal, Rhydycar”. An extract from the letter is below.

“To the best of my knowledge, this right of way has been used by horse riders for many years prior to its closure hence the basis of the present objection, although I have no documentary evidence to support this”.

9.4 A memorandum was sent from the County Clerk and Chief Executive to the County Engineer and Surveyor, dated 15 th October 1976. An extract of the letter is below.

“The Chief Technical Officer for Merthyr Borough Council has forwarded me a complaint from a District Councillor Emrys Roberts that a locked gate and stile has been erected on an alleged bridleway, near the railway bridge at Rhydycar.

In my reply, I explained that on the Ordnance Survey Edition of 1958, there is shown a number of posts across the track which would indicate an intention not to dedicate as a public bridleway, and that in my view its status would be that of a public footpath.

The Borough Council’s view is that to the best of their knowledge, this right of way has been used for many years by horse riders prior to its gating, although there is no supporting documentary evidence”.

9.5 A memorandum was sent from the County Clerk and Chief Executive to the County Engineer and Surveyor dated 3 rd February 1977. The memorandum stated:

“As a result of my Assistant’s telephone conversation with your Mr John Dore- Dennis, a further inspection was carried out on the above route which is now alleged

to be a bridleway, and it was found that the situation is unaltered, the following obstructions had not been removed:

1) A locked gate and stile at the point where the path terminates on the County Highway. 2) A stile and 5 strands of wire erected across the opening and fixed to the gate posts”.

9.6 A reply to this memorandum was sent on the 17 th March 1977, and it stated:

“I thank you for your memorandum of the 3 rd February 1977. Since receiving your memorandum I have written to Mr Nicholas on two separate occasions. I would be obliged if you could arrange for a member of your staff to inspect the public bridleway as soon as possible after the expiration of the current calendar month. If the obstructions have not been removed then, perhaps you would let me know and let me have a statement giving details of the date of the inspection and the nature of the obstruction in order that I may proceed”.

10.0 SITE VISITS

10.0 MTCBC Officers have walked these routes and with the exception of Cyfarthfa 65 found them to be as in the description above. Cyfarthfa 65 runs across the A4102 and then in the grounds of T Mobile.

11.0 CONSULTATION

11.1 MTCBC Internal Departments

No response received.

12.0 INFORMATION FROM LANDOWNERS AND OTHER PARTIES

12.1 Following the preparation and distribution of an investigation report in 2008 no comments have been received from Welsh Water. Comments have been received from Clark Willmot Solicitors on behalf of T Mobile but they only relate to Cyfarthfa 65. They expressed concern that a section of Cyfarthfa 65 still ran through their site and was not stopped up in the order in 1995.

13.0 OTHER COMMENTS

13.1 The legal background to this application is found at Annex A.

13.2 This report has been written with reference to the Welsh Assembly Government’s publication “By all reasonable means: Inclusive access to the outdoors.”

13.3 If recorded on the Definitive Map and Statement, these routes will comply with Merthyr Tydfil County Borough Council’s actions as stated in section 3.2 of its Rights of Way Improvement Plan.

13.4 None of the landowners have submitted a S.31(6) deposition to the Council or erected a notice on site stating that the route is not to become a Public Right of Way.

13.5 If Definitive Map Modification Orders are made, the width of the route will vary between 2 and 4 metres and it will extend for approximately 4590 metres.

14.0 CRIME AND DISORDER ACT IMPLICATIONS

14.1 The Definitive Map Modification Order process involves the application of legal tests which mean that it is not possible to give substantial weight to any effect on crime and disorder in this area.

15.0 HUMAN RIGHTS ACT 1988 IMPLICATIONS

15.1 It is unlawful for a public authority to act in any way, which is incompatible with a convention right. The rights which would be considered are rights pursuant to Article 8, Article 1, Protocol 1, and Article 6.

15.2 Article 8 protects the right to respect for family and private life including an individuals’ home. This is a qualified right and there may be interference by a public authority if that authority does so with an intention of protecting the right and freedom of others.

15.3 Article 1, Protocol 1 deals with the protection of property. Again, this is a qualified right and interference of it may take place where it is in the public’s interest to do so subject to the conditions provided by law. Any interference, however, must be proportionate.

15.4 Committee should also be aware of Article 6, the focus of which (for the purpose of this Committee) is the determination of an individual’s civil rights and obligations. Article 6 provides that in the determination of these rights, an individual is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Article 6 has been subject to a great deal of case law. It has been decided that for rights of way matters, the decision making process as a whole, which includes the right of review by the High Court, complied with Article 6.

16.0 FINANCIAL IMPLICATIONS

16.1 As Councillors are aware, financial implications are not to be considered by the Committee when determining this application as the County Borough Council has a statutory duty to make an Order if it believes that there is sufficient evidence to support it. Officer time is involved in investigating the claim and writing the report and dealing with a Public Inquiry if an Order is made and there is an objection to it. The financial implication are those of advertising statutory notices in the local press and also signposting the routes if orders are made, these costs can be met from the existing rights of way budget.

17.0 CONCLUSION

17.1 This conclusion is to assist Councillors in determining the application before them today; an application to modify the Definitive Map and Statement by adding Merthyr Vale 8, Merthyr Vale 9, Merthyr Vale 16, Troedyrhiw 76, Troedyrhiw 77, Troedyrhiw 114, Troedyrhiw 78, Troedyrhiw 79, and Cyfarthfa 65.

17.2 The routes are presented to you for consideration under Section 53(3)(b).

17.3 Section 53(2) of the Wildlife and Countryside Act 1981 states:

As regards every definitive map and statement, the surveying authority shall – (a) as soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in sub section (3); and

(b) as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event.

The relevant sub section, Section (3)(b) states:

The expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path or a restricted byway.

17.4 In the absence of any challenge to the right of way in question the normal period looked at for the purpose of the establishment is twenty years prior to the date of the application. In this case it would be 1970-1990. Councillors have seen from this report that there has been historical and documentary evidence indicating that this right of way has existed since the mid 19 th century as a towpath along the former Glamorganshire Canal.

17.5 The other factor which needs to be noted is that in 1976 the alleged right of way was obstructed and in 1977 the County Council at the time considered the status of a route to be a bridleway. If this was an effective challenge to the existence of the right, the twenty year period would run from 1956-1976. Officers view is that the way had been established long before 1976 and that the obstruction could not have affected the historical rights over the alleged bridleway. Officers consider that the evidence establishes the existence of a right of way, and that for the whole of the twenty year period between 1970-1990 and all material times prior to that it has been used as a bridleway.

17.6 The claim was submitted as a byway open to all traffic. Officers feel there has been insubstantial evidence for the route to have this status.

17.7 Taking into account and in conjunction with the historical evidence, the interviews with claimants, local people, landowners and other interested parties and having taken into account the information received from interested parties both prior to and

post the investigation report, it is evident that a right of way does exist over these routes.

17.8 Your officers therefore recommend that bridleway be recorded along these routes.

18.0 RECOMMENDATIONS

18.1 Merthyr Vale 8

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

Either

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line marked A-B on the plan in Appendix 1 , has been used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

c. To approve the confirmation of the Definitive Map Modification Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

(2) In rejecting (1) above and deciding that on the balance of probabilities that insufficient evidence has been provided in support of the application to record the claimed right of way, to advise the applicant that their application has been rejected and that they may appeal, in writing, against the decision of the Council to the Planning Inspectorate within 28 days from the date of the decision letter.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

18.2 Merthyr Vale 9

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

Either

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line marked A-B on the plan in Appendix 2 , has been used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway. c. To approve the confirmation of the Definitive Map Modification Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

18.3 Merthyr Vale 16

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:

Either

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line marked A-B on the plan in Appendix 3 , has been used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

18.4 Troedyrhiw 76

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

Either

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line on the plan marked A-B in Appendix 4 , has bee used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

18.5 Troedyhiw 77

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

Either

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

Councillors are requested to approve the making of the relevant Order as set out in (1) above. T

18.6 Troedyrhiw 114

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line on the plan marked A-B in Appendix 6 , has been used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

18.7 Troedyrhiw 78

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

Either

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line marked A-B on the plan in Appendix 7 , has been used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

(2) In rejecting (1) above and deciding that on the balance of probabilities that insufficient evidence has been provided in support of the application to record

the claimed right of way, to advise the applicant that their application has been rejected and that they may appeal, in writing, against the decision of the Council to the Planning Inspectorate within 28 days from the date of the decision letter.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

18.8 Troedyrhiw 79

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

Either

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line marked A-B on the plan in Appendix 8 , has been used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

18.9 Cyfarthfa 65

Taking into consideration all of the evidence which has been provided including historical documents, Councillors are asked to confirm:-

Either

(1) a. That on the balance of probabilities there is sufficient evidence to support that the route marked with a bold dashed line marked A-B on the plan in Appendix 9 , has been used for such period so as to raise presumption that it has been dedicated as a bridleway, and that the evidence has not been rebutted by other evidence.

b. On confirming (a) above to approve the making of a Definitive Map Modification Order to show it as a bridleway.

d. If any objections or representations are made within the prescribed period and not subsequently withdrawn then to refer the relevant Order to the Planning Inspectorate for determination.

Councillors are requested to approve the making of the relevant Order as set out in (1) above.

GARETH CHAPMAN DEPUTY CHIEF EXECUTIVE & DIRECTOR OF CUSTOMER CORPORATE SERVICES

INTERNAL REPORT CONSULTATION:

The following officers have been consulted in respect of the proposals and recommendations set out in this report.

Chief Executive Director of Director of Director of Director of Director of Integrated Integrated Adult Customer Corporate Finance, Audit Children’s Services Community Centre and Risk Services Services Management

BACKGROUND PAPERS:

Title of Document(s) Document(s) Date Document Location File Troedyrhiw 78x , Troedyrhiw 77x, Ongoing Public Rights of Way Department, Ty Troedyrhiw 79x, Troedyrhiw 114x, Keir Hardie Troedyrhiw 76x, Cyfarthfa 65x, Merthyr Vale 8x, Merthyr Vale 9x, Merthyr Vale 16x. Investigation Report Troedyrhiw 78 2008 Public Rights of Way Department, Ty Troedyrhiw 65x, Troedyrhiw 79x, Keir Hardie Troedyrhiw 114x, Troedyrhiw 77x, Troedyrhiw 76x, Merthyr Vale 9x, Merthyr Vale 8x