Hi All, you may remember around August time 2023 that the right of way path at the bottom of the ridings leading to the bottom line that leads to the library was illegally blocked off. We were all advised to fill in objection forms to the council, which all interested people did. I submitted my objection forms in October 2023 and despite sending emails requesting an update, I have as yet heard absolutely nothing. In order to keep the momentum going please could you all email Tim Phillips (Definitive Map Officer) and ask him why we haven’t heard anything in over a year? [email protected]
For those of us who did send off the objection forms, as the council has not acted on the applications in the last 12 months, the applicant may, under Schedule 14, paragraph 3(2) to the Wildlife & Countryside Act 1981, submit a Request for a Direction to the Welsh Ministers for action to be taken requesting, within 14 days, its reasons for not determining the application during the 12-month period.
If we let people block off footpaths there will be nowhere else to walk!
https://www.gov.wales/schedule-14-requests-direction…
https://www.gov.wales/…/202…/schedule-14-appeal-form.pdf
The law regarding blocked footpaths that have been open for years is as follows:
Landowners can prevent new rights of way from being established on their land by depositing a map and declaration with the local authority under Section 31(6) of the Highways Act 1980. However, this does not affect existing rights of way, even if they are not yet recorded.
It is illegal to obstruct or block a public right of way. If a footpath has been used by the public for 20 years or more without interruption, it may be considered a public right of way.
Local highway authorities have a legal duty to protect and maintain public rights of way. They must respond to obstruction reports within one month and ensure the obstruction is removed.
If an obstruction is not removed within two months of the initial complaint, the complainant can apply for a court order to have it removed. The magistrates’ court may then issue an order against the local highway authority.
Any member of the public can apply for a magistrates’ court order to force an authority to remove an obstruction on a public right of way. However, this should only be done after seeking legal advice due to potential costs if the case fails.
Landowners cannot legally block a public right of way without applying to the council and providing notice. If approved, they must suggest an alternative route.
If a path has been used for 20 years or more but is not recorded as a public right of way, it may be possible to apply to the council to have it officially recognized. This process is called a Modification Order under the Wildlife and Countryside Act 1981.
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