🔗117512[linkphoto]117512[/linkphoto][/link]

According to the OS map, (if I am looking at it correctly) that track is "Another Route With Public Access"! :guns::guns:

🔗117513[linkphoto]117513[/linkphoto][/link]

Is that legal?

That's what the OS key indicates.

https://www.ordnancesurvey.co.uk/docs/legends/50k-raster-legend.pdf 

If you go here, it has the definitive map of public rights of way, as held by the council

https://www.rowmaps.com/showmap.php?place=sh736281&map=OS&lat=52.835550&lon=3.877806&lonew=W 

If it's not listed there, that indicates that it is a 'permissive' route is not a right of way, and can be unilaterally withdrawn at any time

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The road from the top is not a public right of way and the footpath through the yard past the buildings has been diverted above the fenced in area.

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The link given by Robnw does confirm what I said regarding the route past Ty Mawr that whilst the sign is correct in stating it is not a public footpath, it is indicated on that map as an ORPA (the red dotted line).

MM, do you know how they manged to divert the footpath round that compound? This would seem in effect to have extinguished a public footpath, not an easy thing to do. Even if they have provided a "permissive footpath". This does not have the same legal protection as a "Public Footpath".

Having queried the Gwynedd CC footpaths team...

The mine compound footpath was diverted because the river had eroded the bank to a metre or so of the building- so was ‘deemed’ dangerous. As for its replacement around the back having only a permissible status an answer wasn’t given at the time. Winners and losers it seems.

The track down from the Bedd Y Coedwr C road is shown as a legal on road cycle route to the forest boundary. The signage and gate is located where it turns towards the old mine, below the Ty Mawr house. There’s nothing I can find which makes that section a legal route beyond that point other than historical use as one. And that claim needs registering.

https://www.ramblers.org.uk/advice/improve-the-path-network/how-to-claim-an-unrecorded-right-of-way.aspx#groundsforclaim 

There’s also a GCC process for claiming a path as a Right of Way
https://www.gwynedd.llyw.cymru/en/Residents/Parking-roads-and-travel/Public-Rights-of-Way/Public-Rights-of-Way.aspx 

However, I’m advised- quote...
“There is, however, a large back log of such claims, and it’s unlikely that the officer who deals with these will be able to look at it anytime soon.”

But don’t be put off. If you know of a footpath or track that has historical use but isn’t recorded as a right of way, please register it. There’s a legal cut off date for such claims looming.

The road down to the house is public as is the track straight on and down to the bridge. The one in the photo is a different one.

The path was moved by the Council after the landowner discussed it with them.

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The road down to the house is public as is the track straight on and down to the bridge. The one in the photo is a different one.

The path was moved by the Council after the landowner discussed it with them.

Thanks for that... I was referring to OS25000. To clarify hopefully I've attached the GCC copy received...

The photo shows signage & gate at the junction off the Unclassified N-S county road. The track leading initially NE that twice dissects the incline on the way down and the one most have been walking along unhindered for decades.

As for right of access, "the law assumes that if the public uses a path without interference for some period of time – set by statute at 20 years - then the owner had intended to dedicate it as a right of way"... The Rambling Association referencing Rights of Way: A guide to Law and Practice (otherwise known as 'The Blue Book'), the definitive guide to rights of way law in England and Wales.

I'm told the legal path within the mine compound will officially remain and actually goes behind the building but isn't accessible- not south of the building as was used by everyone.


[photo]117515[/photo]

In the 1980's and 1990's you would have been challenged if seen during working hours.

The owner before Natural Retreats didn't like people going up and down it either.

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Thank you for the clarification and explanations MM and TwllM.

:thumbup::thumbup:

The link given by Robnw does confirm what I said regarding the route past Ty Mawr that whilst the sign is correct in stating it is not a public footpath, it is indicated on that map as an ORPA (the red dotted line).

MM, do you know how they manged to divert the footpath round that compound? This would seem in effect to have extinguished a public footpath, not an easy thing to do. Even if they have provided a "permissive footpath". This does not have the same legal protection as a "Public Footpath".

An ORPA will not be found on the RoW Definitive Map, but on the List of Streets, held by the CC Highways Dept. Warning, they are not easy to read through!

Interesting. I have been using the track which goes up the first part of the old incline to pass below the mine cottage since 2001. In summer 2016 I was walking up there when I met the agent for the landowner driving down in his 4X4. We had a nice chat for about 10 minutes when he told me who he was and that he had just been up to the house. At no point did he infer that this was not a right of way or that i shouldn't be there.