An application over a disputed footpath in a popular Pen Llŷn seaside village – which locals claim to have walked for generations – has won support. Cyngor Gwynedd’s planning committee agreed that a submission calling for a “definitive map modification order” over the coastal route from Nefyn town down to the harbour should be permitted.
The application was made under the Wildlife and Countryside Act 1981 to register the public footpath on the Definitive Map. Councillor Gruffydd Williams had made the application in December 2018, before a later amended application was submitted in November 2021.
At the planning meeting yesterday (Monday, January 13) the committee was warned there was a “a real risk” if approved that the matter could be appealed and go to a public inquiry, potentially leading to “many thousands” of pounds in costs to the council to defend.
The submission had been supported by 28 “statements of evidence” which described the public’s use of the route dating from the present day as far back as the 1930s. The path, which followed a route marked A-B-C-D-E (see map) starts at the junction with ‘Public Footpath no. 19’ at Point A on the map, and follows a narrow and steep path with steps, reaching the sandy beach at Point B.
Map showing the alleged route marked A-B-C-D-E in red
(Image: Cyngor Gwynedd planning docs)
It continues past several beach huts towards ‘Pen Ogfa’ at Point C. Crossing a section of grass it continues onto the patio of ‘Hendafarn’ following a low stone wall, passing ‘Glan Mor’ and ‘Hafod y Mor,’ towards another grassed section at Point D. There it goes in front of more beach huts terminating at Point E adjacent to the rockpools.
Point E on the disputed route at Nefyn
(Image: Cyngor Gwynedd planning documents)
Citing the council’s reasons against the application, an officer stated that the section between B to E had “no boundaries” and as such “it does not exist in an identifiable way.” Different parts of the route, and different areas of the beach, were also used during the rise and fall of the tide, the meeting was told.
The council had also claimed the route had only been used by owners of boats and beach huts, with no link to a highway or public access at Point E. He added that the public “must demonstrate they have used the route unchallenged for a period of 20 years,” and to “make a case” it was also necessary to establish a date when the route came into use.
The recommendation was that it was “essential” to refuse. Local member Cllr Rhys Tudor presented black and white images of Nefyn showing the footpath.
“It’s been in historic use over a long period of time, with many people using the path since they were children,” he said. The amount of evidence provided had also shown “the great interest” by locals over the disputed route, he said.
“You can see on the photos, people have long been walking along following the edge of houses and sea wall. In parts it is very narrow, and when the tide is high, people do walk along the walls in front of the houses,” he said.
He also cited property owners who said they had “never taken any steps to prevent the public from using the path,” and he challenged the argument against the public access at Point E. The council solicitor Dafydd Jones said to the committee: “We recommend you should refuse, it’s entirely your decision, but we will lose in an investigation, possibly, and there could be a substantial claim for costs.
“It could run into many thousands, possibly tens of thousands, putting services at risk.” But a vote to go with the recommendation to reject failed.
A second vote, to approve putting the route on the definitive map as a public footpath in the town of Nefyn, however, was successful. Cllr Louise Hughes had proposed “going with the local feeling” saying: “This application is to give the right to people who have walked this path, maybe 100 years.
“Over the generations, families have enjoyed the path, I think that gives them the right.” The application was passed, seven in favour, no abstentions and five against.
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