Barmouth Bridge - No Pedestrians?

[DarloRich]

Allow me to put my former local authority planning policy hat on.

The local authority map is not as definitive as the name suggests. Local authorities have been legally obliged to record rights of way on the definitive map since 1949. This process is not complete, however, and many rights of way are still not formally recorded. I would estimate 10% of rights of way are still not listed on the definitive map. Under the 2000 Countryside and Rights of Way Act, there is a cut off point of 2026 to get paths which have been in use before 1949 listed on the definitive map.

The 1980 Highways Act allows for the presumed dedication of a right of way provided it has had uninterrupted use over a period of 20 years (presumed dedication can also happen under common law... but let's not complicate things too much). However, this presumption can be overridden if the landowner never intended for it to be right of way. This might be evidenced by the land owner physically interrupting the right of way (installing fences, walls, etc) or with signs at the location explicitly stating the path was private property and not for public use. A statutory declaration stating the path is not intended to be a right of way can also be made with the local authority concerned

So regarding the status of the bridge as a right of way two questions need to be asked:

1. Has the public been able to access the path across the bridge for an uninterrupted period of 20 years? Given the bridge has been in situ since the 19th century I'm guessing the answer to this question is probably yes.

2. Has the landowner (i.e. Network Rail) made it clear they do not intend it to be a right of way? Here things get a bit murky. The bridge is obviously private property, but this alone does not prevent right of way access. There may well be signs at the location stating it is private property and not a right of way. Network Rail many well have made a statutory declaration to the local council. This might go someway to make the case it is not a right of way. However it could be argued this is contradicted by the active encouragement of pedestrians to use the bridge (albeit upon payment of a small toll) and its more recent explicit inclusion on the Welsh Coastal Path.

It is up to the local authority to decide this, although the landowner would have right of appeal to the courts if it were unhappy with the decision.

What is the status of those "permissive rights of access" signs that i have seen starting to appear

 

[crehld]

What is the status of those "permissive rights of access" signs that i have seen starting to appear

I think you might be referring to permissive paths. Essentially the landowner has granted access over their land, but this access does not constitute a right of way as defined in various legislation (Highways Act 1980, Countryside and Rights of Way Act 2000, etc). Where the relevant authorities have been informed of their existence these appear as orange lines on a 1:25000 OS map. Most are not marked on the maps however, mainly because many are established informally.

As mentioned above the landowner needs to undertake a series of actions to make clear their intention for the permissive path not to become a right of way under presumed dedication. This includes the signs you observe (although the wording "permissive rights of access" is rather ambiguous, particularly the word "rights"), making a statutory declaration to the council, and/or actively interrupting access for the explicit purpose to convey the intention for it not to become a right of way.

Some landowners actively create permissive paths and encourage their use (canal towpaths, for example, are permissive routes). Sometimes landowners establish temporary or semi-permanent permissive routes as diversions. You often see this in fields where a right of way cuts through the middle but a landowner would rather you went round the side to avoid upsetting livestock. You can still go through the middle of the field but an alternative, perhaps more convenient, route has been suggested for you. Many permissive paths are actually compromise between the local authority and landowner as a way to ensure public access, but to reassure landowners they haven't lost ultimate control over their land.

As with rights of way under presumed dedication, the existence of a permissive path does not preclude the establishment of a right of way by order.

 

[lejog]

What is the status of those "permissive rights of access" signs that i have seen starting to appear

Permissive paths as defined by crehld have been around for a long time, certainly predating the "permissive" society of the 60s, when the word gained a new alternate meaning. Many of the railway paths opened by SUSTRANS are permissive paths, not least because they only hold a lease or even a license on the land so cannot agree to the path becoming a permanent RoW.

Permissive rights of access were a feature of more recent stewardship schemes in the countryside when public access was a condition of landowners receiving government money to enhance the environment. These schemes were for 10 years only and have come to an end. Some of the new schemes allow for public access, for others what happens next is up to the landowner.

 

[MarkyT]

. . . certainly predating the "permissive" society of the 60s, when the word gained a new alternate meaning.

Nothing to do with paths, but the 60s meaning is also predated by the permissive term in railways operations. E.g Permissive Block. Still in rules and regs today where applicable for traditional AB signalled areas, and even under modern TCB with colour lights. E.g. lines marked PP or PF in the Sectional Appendix, [Permissive Passenger (platforms at major stations) or Permissive Freight (some goods lines)].

 

[lejog]

Nothing to do with paths, but the 60s meaning is also predated by the permissive term in railways operations. E.g Permissive Block. Still in rules and regs today where applicable for traditional AB signalled areas, and even under modern TCB with colour lights. E.g. lines marked PP or PF in the Sectional Appendix, [Permissive Passenger (platforms at major stations) or Permissive Freight (some goods lines)].

"Permissive" in its original meaning of allowed or tolerated has been around since the 15th century, rather before the railways!

 

[philthetube]

I suspect the fact that a toll was charged until recently would also be relevant concerning designation as a public footpath.