On Saturday 23rd Sept 2017 I attended a rescue practice by South and Mid Wales Cave Rescue. Pictures below.

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I also looked at the road above the Dinas Rock car park from which a Public Right of Way leads directly to the mine over the footbridge.

There are two newly erected walls either side of the tarmac public road, with obvious intention to fit a gate. Further up, nothing has been done to reinstate the PROW.

I shall be contacting the local authority again, and may well serve a notice on them under section 130 A-D of the Highways Act 1980.


For informational Purposes.

The mines on the opposite side of the river are not Pencaedrain property but belong to the Marquis of Bute.

The deliberate blocking of a highway (Right of Way) is a criminal offence under Section 137 of the Highways Act 1980. Offenders can face a fine and criminal record.

There is no reason to confine interference to physical interference. (To a Public Right of Way) An object can get in the way of the right of passage or other amenity rights because of its psychological impact.’ Herrick v Kidner and Somerset County Council, 2014.

Section 130A-D of the Highways Act 1980(2)) empowers a member of the public to serve a notice on the highway authority to get an illegal obstruction removed from a highway.

More on the website www.naturalamenities.co.uk

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More on this.
The usual route which starts adjascent to the car park is a steeply ascending route which climbs to some height and then requires the visitor to climb back down again to the level of the mine.
The alternative route is an easy ascent of a public tarmac road to the point where a Public Right of Way heads north for about 400 metres to the mine across a footbridge.

🔗112946[linkphoto]112946[/linkphoto][/link]

At this time the council road has the structure shown in the photo, the PROW is blocked by landfill and brushwood at its southern end.

Divers could drive up the public road , drop passengers and kit, and then return to the main Dinas Rock car park. Even walking all the way by this route is about a third of the effort of the usual route.

🔗112945[linkphoto]112945[/linkphoto][/link]

There is nothing now in law to stop anyone using this route. But they would need to clear the physical obstruction of the brushwood and climb the edge of the landfill tip.

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Could this be acquired with a view to using the ideal access route, the tunnel from Bwa Maen to the Dinas mine bridge?

http://bjpco.com/property/25685853/ 

Edit: I suppose it all depends on the 'Special Areas of Conservation' boundary, looks like a non-starter.

Sorry late replying, just got in from karate.

The land for sale appears to be titles CYM511097 and 511091 from Land registry records. I venture the opinion that the asking price is rather optimistic for 15 acres of woodland. I would also venture to suggest that the presence of the Blue Dinas and Middle Dinas mines would be viewed by a prospective purchaser as a potential liability, although legally the property of the Marquis of Bute. One photo shows both sides of the river which cheekily includes the land belonging to Welsh Government and my mineral area.

In order to restore the tunnel route the bridge over the Afon Sychryd would have to be rebuilt, this would undoubtedly meet SSSI refusal. The western entrance I believe is partially collapsed as well, I dont know as I have not been through.

A path could be made through the woodland from a point just over the bridge by Dinas car park I suppose.

A lovely area though.

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Agree, the sale price is a little optimistic for what may well be a future liability.

Edit: IIRC, the lower end of the tunnel just needs the dumped scree slope dug away.

Hi People

I would appreciate it very much is people visiting the mine could keep me up to speed with developments regarding the 'structure' being erected across the tarmac public road, as shown in the photograph.

I am particularly interested in its 'finished' state, whenever it gets to be finished.

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https://ukcaving.com/board/index.php?topic=22965.0;topicseen  Might be interesting to see the results?

To interested parties

Please be advised that I Roy A Fellows acting as a private individual have served on Rhondda Cynon Taf as the highway authority responsible, two separate notices under Sec 130 of the Highways Act 1980 ( Statutory Form 1) relating to:

1/ Partially constructed masonry gateway across the public tarmac road adjacent to Dinas Rock car park which is a physiological deterrent to anyone wishing to use the road and not having business at the farm. (Herrick v Kidner and Somerset County Council, 2014.)

2/ The blocking with landfill and brushwood the Public Right of Way PRI 29 leading from the above road to Upper Silica Mines by way of the footbridge.

Notes
Exchange of forms is in 5 forms:

Form 1 Is the notice served by the complainant

Form 2 is Highways Authority acknowledgement of receipt of Form 1

Form 3 Is served on the person responsible for the obstruction by local highway authority

Form 4 Is a notice served on the local Highways Authority by the complainant of an intention to apply to a magistrates' court for an order requiring the authority to take steps for securing the removal of an obstruction

Form 5 Is a notice to be placed on site following a successful application to Magistrates Court by the complainant.

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How long should the process take Roy, or is it a bit like 'how long is a piece of string' thingy?

No there is a definite time scale, this is from the DEFRA guide, its on my NAL website for download.

21. Within one month of the date on which you serve Form 1, the local highway
authority should serve notice (Form 3) on you telling you on whom they have served
notice about the obstruction and stating what, if any, action they propose to take. The
Data Protection Act 1998 governs the treatment of personal data about individuals,
including those who serve notice (Form 1) on the highway authority. The highway
authority will treat your identity in confidence. It will deal with your personal details in
accordance with the Data Protection Act 1998. If you have concerns on this matter
you should consult the highway authority.
22. If you are not satisfied that the obstruction has been removed, you may apply to
the magistrates’ court for an order requiring the highway authority to take, within such
reasonable period as may be fixed by the order, such steps as may be specified in
the order for securing the removal of the obstruction.
23. Before you apply to the magistrates’ court, you must serve notice (Form 4) on the
local highway authority that you intend to do so. You can serve Form 4 from between
2 months and up to 6 months after the date on which you served Form 1 on the local
highway authority. (But note that you must leave five days between the date of
service of Form 4 and applying to the magistrates’ court.)
24. You can apply to the magistrates’ court at any time after the end of 5 days from
the date of service of Form 4. The magistrates’ court will help you to make an
application. You must supply the names and addresses given in Form 3.
If you are a local highway authority which has received a notice (Form 1)
25. Local highway authorities should treat the identity of those serving notice using
Form 1 in accordance with the Data Protection Act 1998, which governs the
treatment of personal data.
26. Within one month of the date of service of notice (Form 1) the highway authority
must serve notice (Form 2) informing every person whose name and address is
included on Form 1 and, so far as reasonably practicable, on every other person who
it appears to them may be for the time being responsible for the obstruction that
Form 1 has been served. The persons for the time being responsible for the
obstruction include the owner and any other person who for the time being has
possession of it or may be required to remove it. The highway authority must also
state what, if any, action they propose to take.
27. The highway authority must serve, on the person who served Form 1, notice
(Form 3) of the name and address of each person on whom they have served Form 2
and state what, if any, action they propose to take. Forms 2 and 3 should include the
name, address and telephone number of the responsible officer.

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Roy we were there a couple of weeks ago and I dont know if it has any bearing whatsoever but higher up there is extensive construction works in progress

Paul

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Thanks for this.

Our interest is only in the public tarmac road up to the point where the PROW leaves it on the left, a noticeably flat area opposite a track on the right with one of his "No Trespassing" signs. He must get a good quantity discount on them.

There is nothing to prevent anyone using the road and paths as they are, but ignore "Checkpoint Charlie" on the tarmac road and be prepared for a right struggle getting onto the PROW.

Its a real easy walk straight up from the car park, once the PROW is reached its the end of climbing and 400 metres to the mine.

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To interested parties.

I have received statutory notice (Form 3) from Rhondda Cynon Taf (The local Highways Authority) dated 3 May 2018 relative to the obstruction of Footpath 29 Rhigos by it being blocked by landfill where it leaves the tarmac road to Pencaedrain Farm.

Notices have been served on the persons who may be responsible for the obstruction, or is the owner or part owner of the obstruction, or who is for the time being in control of the obstruction, or may be required to remove the obstruction.

To the effect that:

1/ Notice has been served on this Authority (mine) to secure the removal of an obstruction from a public right of way. We are satisfied that the obstruction is within the scope of Section 130A (2) and (3) of the Highways Act 1980

2/ The authority is investigating the matter and will consider exorcising its powers under section 149 of the Highways Act 1980

3/ (To the named persons) If you are responsible for the obstruction, you should write to the authority to confirm that the obstruction has been, or will be, removed and the proposed date of removal. If you think that you are not a person of the type specified above or if you think the obstruction is not one to which this legislation applies, you should write to the Authority stating your reasons.


At this time I have not yet received a response to the other notice served on the Authority relative to the partially constructed gateway across the tarmac road.

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"2/ The authority is investigating the matter and will consider exorcising its powers under section 149 of the Highways Act 1980"

That sounds a bit open ended Roy?

"exorcising its powers"? Would that be with bell, book and candle?:lol:

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149 Removal of things so deposited on highways as to be a nuisance etc.
(1)If any thing is so deposited on a highway as to constitute a nuisance, the highway authority for the highway may by notice require the person who deposited it there to remove it forthwith and if he fails to comply with the notice the authority may make a complaint to a magistrates’ court for a removal and disposal order under this section.
(2)If the highway authority for any highway have reasonable grounds for considering—
(a)that any thing unlawfully deposited on the highway constitutes a danger (including a danger caused by obstructing the view) to users of the highway, and
(b)that the thing in question ought to be removed without the delay involved in giving notice or obtaining a removal and disposal order from a magistrates’ court under this section,the authority may remove the thing forthwith.
(3)The highway authority by whom a thing is removed in pursuance of subsection (2) above may either—
(a)recover from the person by whom it was deposited on the highway, or from any person claiming to be entitled to it, any expenses reasonably incurred by the authority in removing it, or
(b)make a complaint to a magistrates’ court for a disposal order under this section.
(4)A magistrates’ court may, on a complaint made under this section, make an order authorising the complainant authority—
(a)either to remove the thing in question and dispose of it or, as the case may be, to dispose of the thing in question, and
(b)after payment out of any proceeds arising from the disposal of the expenses incurred in the removal and disposal, to apply the balance, if any, of the proceeds to the maintenance of highways maintainable at the public expense by them.
(5)If the thing in question is not of sufficient value to defray the expenses of removing it, the complainant authority may recover from the person who deposited it on the highway the expenses, or the balance of the expenses, reasonably incurred by them in removing it.
(6)A magistrates’ court composed of a single justice may hear a complaint under this section.

In plainspeak the jist of this is that the authority has powers through the magistrates court or otherwise to remove the obstruction themselves and make the person responsible for it pay the costs involved.

So if you consider the notice overall in all of its legal speak its saying that either you remove the obstruction or tell us why you think its got a right to be there. Otherwise we will remove it and you will have to pay our costs.

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I have been thinking. The masonry 'wall' shown in a photo in one of my earlier posts each side of the public road would have needed planning permission, (assuming it is more than 1 metre high, which it looks, I have not measured it).

Non has been sought or obtained, just checked.

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Counting the blocks gives a height of 1.3 metres for the LH wall, about 900 mm for the lower one.

More work, mainly cladding has increased the height, both are now equal.

🔗115139[linkphoto]115139[/linkphoto][/link]

I have to admit that although I am personally aware that I am on a public council road when I walk up from the car park, I do feel uneasy due to the presence of that 'structure'. As though its a private road and I should not be there, although in law as a public road I have a right to drive my car up it. How would anyone else feel?
This is not right.

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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.