Two Long Running Disputes draw to a Conclusion

In 1987 a rambler from Merseyside attempted to walk a footpath at Cae Dicws Farm in the Ceiriog Valley. He was verbally abused by the farmer and his wife. He reported the incident to the Secretary of the  newly formed North Wales Area who took the matter up with Clwyd County Council.

The farmer maintained that the path had been put on the map in error.  His application was supported by the Farming Unions.  He applied to Clwyd County Council the Highway Authority at the time for the path to be taken off the map who refused.

In 1996 local government in Wales was re-organised and it now became the responsibility of Wrexham County Borough Council. They too refused to delete the path off the map. The farmer appealed  to the Welsh Assemby  who decided to appoint an Inspector to conduct a Public Inquiry.

This Public Inquiry took place in 2003. The Ramblers opposed  the deletion order using evidence gathered by John Robinson North Wales Area Secretary from 1987 to 2000. Wrexham CBC took a neutral stand and it was left to Ramblers members Howard White, Goff Oldaker and Ron Williams to present the case at the Inquiry. They had been supported by Janet Davis of the Ramblers Central Office.

The result of the Inquiry was that the Inspector found in our favour. We had saved the path. We   immediately offered  the farmer  to look at a possible diversion out of the farmyard.  We never got a response to this letter.

This however was not the end of the story the farmer continued to challenge walkers who attempted to use it. However, we do not believe it was every obstructed although when approached from one end it looked as if the gate was locked and impossible to climb over. This state  of affairs was intolerable  so pressure was put on to Wrexham CBC  to suggest or impose a diversion.

The first suggestion put forward by the Council was unacceptable to the users. It would have taken the path away from what is a stunning view over the Ceiriog Valley. It was however acceptable to the farmer. In the end the Wrexham CBC put forward another proposal. This resulted in site visit by Gerald Moss, Steve Tilston, Ron Williams and  Sean Hanratty (of Wrexham CBC)  to look at the proposal in detail. They were accompanied by a Police Officer.

Although the farmer objected to this proposal Wrexham CBC continued to progress it. In 2010 it was finally put to the Welsh Government who appointed an Inspector to look at it. This time  a full  Public Inquiry was not held but both the users and the farmer where able to state their case  by way of written representation. The Inspector agreed with the proposals. The farmer however still refused to cooperate. The Council then decided to go ahead and do the work themselves. The path is located at Cae Dicws Farm GR SJ 291 358.

The other problems were two paths at Woodlands Farm Bont Uchel near Ruthin. These were always referred to as the Caravan Park Paths  they were never obstructed by the Caravan Park and did not in fact go through it.

The farm had been put on the market in 1966 and an offer had been made and accepted. The sale never actually went through until 1968. In the meantime the previous owner had vacated the property and the new owner had effectively moved on to the land. His first actions appear to have been to obstruct the footpaths. This led to a series of complaints to the Councils. The issues were never resolved. The councils and ourselves continued to receive a steady stream of complaints about the blocked paths and harassment by the farmer.

In 1989 Clwyd County Council began determined efforts to have the obstructions removed. This resulted in the farmer looking for evidence to have the paths deleted because they had been put on the map in error. He subsequently put this evidence to Clwyd County Council who rejected it. He then appealed to the Welsh Office

In 1995 a Public Inquiry at which The Ramblers were represented by John Robinson was held. This resulted in the Inspector finding that the paths should remain on the map. The farmer could then have appealed to the High Court against this decision. He chose not to.

In 1996 the Area set up County Footpath Committees for each of the North Wales Counties. The Denbighshire Committee tried to get the paths opened up. They were eventually successful in opening most of the paths.  In the meantime the farmer had  now employed Dr Yolande Hodson a map historian to research the history of the paths. In 2001 she presented her research at the end of which she concluded that “the paths may have been put on the definitive map in error”.

This evidence was again rejected by Denbighshire County Council and was now referred to the Welsh Government. This again resulted in a Public Inquiry being called for October 2007. Before you appear at a Public Inquiry as an objector you have to send your evidence  the Planning Inspector and the legal team for  the farmer’s solicitor. Ron Williams took on the case and had been assisted by Janet Davis and Mike Mills (from the Ramblers Cardiff Office) in preparing a rebuttal of the evidence

The farmer and his solicitor were not expecting their evidence to be questioned. They believed that Dr Hodson’s evidence was fool proof. In fact they were annoyed that  a RA volunteer had had the audacity to challenge it. They had not even made arrangements for her to appear on the date set for the Inquiry.

This meant that the Inquiry was opened in October 2007 and adjourned to March 2008. There were several other objectors at the Public Inquiry. After three and a half days the Inspector went away to write her report.

About four weeks later we were informed that she had refused to confirm the order to delete the paths off the map. We had won.

However, the farmer went to the High Court and the Judge  had three choices he could agree with the Inspector, overturn the Inspector’s decision or quash the order. He chose the latter. He also put conditions on what should be addressed by the Planning Inspectorate and Welsh Government.

These two bodies decided they would re-open the Public Inquiry and invited comments and any new evidence.  We found new evidence and submitted it late in 2009.  The Planning Inspectorate appointed a new Inspector to look at the case. She decided in May 2010  that a full new Public Inquiry be called. After a great deal of discussion between the parties a date was set at the end of January 2011 for the new hearing.

The basis of the case put forward to delete the paths was  the occupancy of Woodlands Hall between 1825 and 1939. The argument was that for the period up until 1885 the property had been occupied by an ancestor, Hugh and Richard Jones,  of the farmer and would never have tolerated rights of way across his land.  From 1885 the owner of the Hall and farm was a Mrs Bremner and her daughter Helen. It was alleged that Helen Bremner was so disfigured as the result of horse riding accident and wanted to live in seclusion.

Thr Census Returns for the period 1841 to 1911 questioned the accuracy of this evidence. Hugh Jones had lived in the hall until his death in 1855. Richard Jones appears never to have lived in the hall as there where others resident during the 1861, 71 and 81 returns.

We also discovered that the Bremners were not living at the Hall at the time of the 1891 and 1901 Censuses. In fact in 1891 they weren’t even in the country. At the 1901 Census they were living near to Hyde Park.  At this point our research was done by Pete Bland and his sister Libby Walker.

This led us to  believe, as Mrs Bremner had family and other connections in the London area, that they were resident in London for most of the period from 1885 to 1903 when Mrs Bremner died. We also believe they travelled extensively in Europe during this time visiting Germany in particular. They had become friends with a Professor Baumbacher and his son. The discovery of a photograph showing the Professor and Miss Bremner at Woodlands Hall taken in about 1901 showed little if any disfigurement.

The whole case was now in tatters. We also researched all aspects of the evidence presented to the 2007/8 Inquiry. We found other serious flaws in the case. All this evidence was presented to the Inspectorate and the solicitor for Mr Turner. As a result they again requested an adjournment.

After much discussion a date of October 18th 2011 was set for the new Public Inquiry. This time Denbighshire County Council appointed Ross Crail a specialist rights of way Barrister to represent them. On 27th September the farmer’s solicitor wrote to the Planning Inspectorate stating that they were withdrawing their evidence. After a period of  uncertainty  it was decided that the Inquiry would still go ahead.

The case for throwing out the claim was put forward by Ross Crail. Other evidence which had  not been put in or questioned was also put forward.

The Inspector decided that the paths had been correctly recorded on the map. We had won again.  Most of the paths have been open and a reasonable condition for about 10 years. Only one small section is obstructed. We are hoping that this will be solved in the coming months.

Horseyculture

The trend to sell farmhouses and the land separately has probably been with us for a long while. It has accelerated considerably during the last 30 years or so. The pattern has been until fairly recently to sell the farmhouse with only a very small piece of land which can be used for a garden. Some of these have caused rights of way problems because the path instead of passing some distance from the farm or between the farm buildings and the house now go through the gardens. The adjacent land on to which the path can be diverted is in the ownership of someone else who is reluctant to allow a diversion on to their land.

There has also been another change in that smallholdings and farmhouses are being bought by people who own horses. They then either want land adjacent to the house or close by to stable their horses. The stables are always accompanied by paddocks.

While the farmer may have known about the existence of footpaths and the need to keep them free of obstructions the new occupiers are often totally ignorant. They might not even be aware that the land that they occupy has a right of way crossing it. A common belief is also that if a path is “closed” for a certain number of years it can be deleted from the map. The number years varies I have heard recent months 7, 12 and 20. In fact a right of way cannot be taken off the map without a legal event otherwise it exists in perpetuity – once a highway always a highway.

Another problem is that the new occupiers do not always realise that they need planning permission to change the use of land into horse stabling and paddocks. All this means is that a path that was in good condition suddenly becomes obstructed with either permanent or temporary fences. Occasionally stiles are provided “for the convenience of walkers”.

Ramblers members and walk leaders can help by reporting any of these problems that they come across to either me or their local Footpath Secretary. Usually once reported to the Council the problem is dealt with.  All that is  needed  is for the Council to take the appropriate action of serving notice on the occupier. This is often enough to get it sorted out.

I can be contacted by e-mail at Ron Williams or by telephone 01352 715 723. Your local Footpath Secretary’s details are in the Walks Programme.

Ron Williams
Area Footpath Secretary