royfellows
7 years ago
"Morlock" wrote:

Personally I would feel OK and just drive through. The worrying bit would be if he fitted a gate and the council took the view that a saving could be made if the road was no longer maintainable at their expense.



I dont think that they are allowed to do that. Anyway, as I understand it a public highway is such and remains as such, but there is a difference between different types of traffic allowed to use it, eg pedestrian only, all vehicle etc. Obviously that section of road is an all vehicle public highway whether adopted or not. The PROW blocked with landfill is a pedestrian only public highway, and as I understand it has a legal width of 4 feet.
I did a bit of research on all this and this is my current understanding of the law.
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Morlock
7 years ago
I hope you're right Roy. One of the old tricks was to fit a gate but leave it open, same sort of intimidation tactic as the walls.

IIRC there is a gated road (both ends) somewhere around Nantlle in North Wales, most non locals turn around instead of opening the gate and pressing on.
royfellows
7 years ago
Permission is required from local Highways Authority to put a gate on a public road. I would say its unlikely to be given unless there to contain grazing stock. I have noticed of late a lot of the gates have been replaced by cattle grids.

People do get away with things until someone reports it.
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sinker
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7 years ago
"Morlock" wrote:



The worrying bit would be if he fitted a gate and the council took the view that a saving could be made if the road was no longer maintainable at their expense.



I've been involved with this kind of thing in the past and that would never happen in this case. A "Stopping Up Order" to close a public highway is a very serious piece of legislation and is very rarely used as most highways have been in existence in one form or other for hundreds of years and it is virtually impossible for anyone to prove a case strongly enough to get an order passed. When they are used, they take years to implement due to the public consultation process that needs to happen. The only time they get used these days is when a bypass or road improvement scheme renders the old road unusable or when an area is redeveloped and an old road is closed and abandoned after the developer has built or paid for an alternative.




Yma O Hyd....
Morlock
7 years ago
"sinker" wrote:

"Morlock" wrote:


The only time they get used these days is when a bypass or road improvement scheme renders the old road unusable



That's what happened to this particular road when the by-pass was built, just a dead end stub left at Cefn Rhigos end.
sinker
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7 years ago
"Morlock" wrote:

"sinker" wrote:

"Morlock" wrote:


The only time they get used these days is when a bypass or road improvement scheme renders the old road unusable



That's what happened to this particular road when the by-pass was built, just a dead end stub left at Cefn Rhigos end.



Right. So it has been Stopped Up where it was crossed by the by-pass? Doubt that they would truncate it even further though?

Yma O Hyd....
Morlock
7 years ago
"sinker" wrote:

"Morlock" wrote:

"sinker" wrote:

"Morlock" wrote:


The only time they get used these days is when a bypass or road improvement scheme renders the old road unusable



That's what happened to this particular road when the by-pass was built, just a dead end stub left at Cefn Rhigos end.



Right. So it has been Stopped Up where it was crossed by the by-pass? Doubt that they would truncate it even further though?



General opinion seems to indicate it would a very unlikely event.

royfellows
7 years ago
I would not worry too much about the road people. It is a much easier route that the usual one, walking the whole distance from the car park. Its just that the divers will have a much easier job if they can drive up and drop off their kit and passengers at the start of the PROW, its then barely 400 metres of flat walking to the footbridge.

Actually, quite a nice walk with some good views.

I can see us winning this one anyway.
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NeilC
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7 years ago
If he gates it, maintains the road, verge etc for 12 years with no objections then he can claim 'adverse possession' and it will become his property.:wub:
sinker
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7 years ago
"NeilC" wrote:

If he gates it, maintains the road, verge etc for 12 years with no objections then he can claim 'adverse possession' and it will become his property.:wub:



Not quite that easy unfortunately. Adverse Possession requires 30 years in the case of Crown land, eg roads, council owned land, local authority housing, MOD land etc etc.
Thinking of claiming Adverse Possession on a piece of Crown foreshore? Forget it. 60 years!! :lol:

Yma O Hyd....
JohnnearCfon
7 years ago
"sinker" wrote:

"NeilC" wrote:

If he gates it, maintains the road, verge etc for 12 years with no objections then he can claim 'adverse possession' and it will become his property.:wub:



Not quite that easy unfortunately. Adverse Possession requires 30 years in the case of Crown land, eg roads, council owned land, local authority housing, MOD land etc etc.
Thinking of claiming Adverse Possession on a piece of Crown foreshore? Forget it. 60 years!! :lol:



Even if adverse possession were possible that would still not extinguish any public right of way.
Wormster
7 years ago
The problem with blocking/restricting access to what little PROW's exists, is that once a PROW is downgraded there is very little chance of it being reversed. Take a look at the battle between the T.R.F. and "Red Sock Brigade" (I won't stand on the hose)

EVERY restriction to what remains NEEDS to be challenged!
Better to regret something you have done - than to regret something you have not done.
royfellows
7 years ago
Does anyone have any news at all of developments regarding the Public Right of Way to the mine, the partially constructed gateway on the public road, or current water levels in the mine?

I live miles away and would like updates from anyone visiting the site.
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Morlock
7 years ago
I might have some info regarding water levels over the weekend.
royfellows
7 years ago
John, could you take a walk up the road and see what the situation is with the 'gates' and the PROW. Its only 10 minutes, seriously easy way to the mine.
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ttxela
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7 years ago
Hello Roy

I was there a couple of weeks ago and the water levels were a bit lower than usual but not dramatically so.

royfellows
7 years ago
Thanks Alex.
Did you notice whether 'checkpoint Charley' was still there across the council road just above the car park?
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Paul Marvin
7 years ago
"Morlock" wrote:

I hope you're right Roy. One of the old tricks was to fit a gate but leave it open, same sort of intimidation tactic as the walls.

IIRC there is a gated road (both ends) somewhere around Nantlle in North Wales, most non locals turn around instead of opening the gate and pressing on.



Are these the new gates at Dorothea you are referring to ?
"I Dont Know Where I am Going, But When I Get There I will Know Where I am"
JohnnearCfon
7 years ago
The new gates at Dorothea are to discourage access for divers with vehicles. The PRoW will remain open for pedestrians, there are small side gates for their access. :offtopic:
Paul Marvin
7 years ago
Is is working or are they just walking with there kit ?
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