Why are Rhondda Cynon Taf Council dragging their feet on this?

Blocked Public Footpath Dare Valley County Park

Updated as of Monday, 16th December 2024 FB

Tim Phillips is no longer the Definitive Map Officer so I have deleted his details.

For those of us that regularly walk in and around the Dare Valley Country Park you may remember that the right of way path at the bottom of the Ridings leading down alongside the river Dare to the bottom railway line that leads to the library was illegally blocked off around August 2023. Those who objected were 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.

I have phoned the council today and awaiting a reply within the next 15 days.

For those of us that did send off the objection forms, as the council has not acted on the applications in the last 12 months then the applicant may, under Schedule 14, paragraph 3(2) to the Wildlife & Countryside At 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/…/202…/schedule-14-appeal-form.pdf

An email from Rhondda Cynon Taf Council Countryside Department, 20 January 2025

Thank you for getting in touch with the Council’s Rights of Way team regarding the claimed right of way connecting Cwmdare and Dare Valley Country Park.

Your enquiry has been logged by Customer Services under reference 7883-0784-0807-8215.

We can confirm that the claimed right of way (‘the route’) is not contained on the Definitive Map and Statement of Public Rights of Way (‘the DMS’).

The Council has however received an application for a Modification Order to amend the DMS and have the route added as a Public Right of Way. 

This application is currently being investigated by the Council which involves a detailed examination of relevant documentary and user evidence.  The Council will decide as to whether to make a Modification Order soon. 

If the Council makes a Modification Order, it will be advertised by way of a notice in the local press and like notices will be displayed onsite for a period of 42 days.  During this period, anyone can object or make representations or objections to the Modification Oder.  If no objections are received the Council will confirm the Modification Order itself and advertise the confirmation in the same way as when the order was made.

If, however, objections are received the Council cannot confirm the Modification Order.  The Modification Order together with the objections will be referred to the Planning & Environment Decision Wales (‘PEDW’) for them to make a decision on behalf of the Welsh Ministers.   If PEDW confirm the Modification Order, again the Council will advertise the confirmation in the same way as when the Modification Order is made.

The Modification Order takes effect on the date it is confirmed or a specified number of days thereafter.  Until such a time as the Modification Order has been confirmed, the legal status of the claimed route remains unclear.

In addition, there is then a 6-week long High Court objection period. After the 6 weeks have passed, any enforcement action or physical works needed on the ground will be carried out, and the route will be added to the DMS.

An email from Rhondda Cynon Taf Council PROW Department, May 20 2025

I am writing to let you know that further to the determination of the claimed rights of way/DMMO applications under references A763/3/24 and A763/3/56, the Council has resolved to make a legal order (‘the Modification Order’) to add the claimed routes to the Definitive Map and Statement of Public Rights of Way.

After the making of the Modification Order, a notice will be placed in a notice in the local newspaper and a like notice will be placed at each end of the path or way. Thereafter, there will be a 42-day consultation period for members of the public to give comments (representations) or make an objection.

If a duly made objection is made to the Modification Order, the Council must refer the matter to Planning & Environment Decision Wales for determination on behalf of the Welsh Ministers.

However, if no objections are made or any objections are withdrawn the Council may confirm the Modification Order as unopposed.

Why are we waiting?

Our general secretary, Kate Ashbrook, urges the government to act for access.

Every Labour government since the second-world war has taken major steps, with landmark legislation, to improve public access to the countryside. Nearly a year since its election, what will this government do?

Environment ministers seem genuinely sympathetic. There is talk of a green paper, and a flurry of online workshops and sticky notes. But clear objectives have yet to emerge and there is no apparent prospect of legislation.

Manifesto

We have already done much of the work for a green paper.  Last year 52 organisations signed up to the Outdoors for All manifesto with a sheaf of propositions.

That document calls on government to extend public-access rights to more landscapes close to home; embed public-access options in farm-payment schemes; establish an access-to-nature investment strategy to fund the maintenance, improvement, and extension of access opportunities—and much more. These proposals would underpin a green paper.

A government intent on improving public access should put this at the heart of its proposals for land use and planning. Instead, its proposed land-use framework barely mentions access; and it is entirely absent from the Planning and Infrastructure Bill.

This bill charges Natural England to produce environmental delivery plans which set out how to address the impact that development has on protected sites or species, and to support nature recovery. There is no mention of replacing public access lost to building, and no requirement to provide public green-space as part of a new development.

How does this indifference to open spaces square with the government’s commitment in the Environment Improvement Plan that ‘everyone should live within 15 minutes’ walk of a green or blue space’? Little if any progress has been made here. The Planning and Infrastructure Bill should charge Natural England to produce access delivery plans as well as environmental ones, securing green space on people’s doorsteps.

Commercial

Even the spaces we thought were safe are at risk. There is an increase in abuse of local-authority owned spaces for commercial activities such as festivals, resulting in public exclusion, noise, litter, and damage. The large profits are not being devoted to those spaces which have been defiled. There should be statutory standards for the care of public parks.

Of course, local authorities are strapped for cash, but that is no reason to exploit vital green spaces or to cease investing in them. Indeed, small expenditures on public access provision bring astonishing returns in improvements to our health and well-being, and to local, rural economies.

Post-war Labour knew it must invest in public access. Why not now?

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