A Happy Tail
5 1/2 years ago in spring 2002 a track near Cilcain which local riders and walkers had used was suddenly closed by new landowners.   This track joined up two other bridleways so was a valuable asset to local riders and a great loss when access was prevented.
Myself and several local riders got together to approach Flintshire County Council to see if anything could be done.  Prospects didn’t look bright as it wasn’t a recorded right of way, and had never been on the definitive map as a bridleway or anything else.  However we got a load of evidence forms and set about distributing them to anyone who had used the track on horseback or on foot.  Slowly we discovered that some of the older riders had been using the track for as long as 30 years, and many others for 20 years or more.  Many walkers too had been using the track for decades, the earliest of which was 1936!
After compiling all our evidence we submitted it to FCC and in summer 2005 it was decided to give bridleway status to the track.
We were delighted - but it was shortlived, as the landowner objected, hence making a Public Inquiry obligatory.   We redoubled our efforts, as it became clear that we would be up against a hired firm of professional land agents acting for the landowner.  We had to think in strictly legal terms if we were to get anywhere, and embarked on a serious learning curve about access law.
Everything hinged on whether the previous tenant of some 48 years standing had actually allowed public access, or whether the route had been used only with his permission.  We also needed to prove that the track had never been obstructed, specifically within the previous twenty years.  Quite a task.
Only weeks before the Inquiry, in November 2007, a stroke of luck came when someone bumped into the previous landowner in Mold, told him of the developments and immediately he came forward to assist us. He attended the inquiry and in his evidence, explained that he had always believed the track to be a bridleway and foot path and he had indeed allowed anyone through. He had actually opened gates for people and enjoyed having chats to passers by and riders!  His partner gave an interesting account of the track in the 1950s when it was used by local people to walk to work in the quarries and factory at Rhydymwyn, in the days when people didn’t have cars.  We were quite overwhelmed by the numbers of witnesses who came forward to give evidence in favour of the bridleway, many who we didn’t know, including the local councillor, and representatives from the Ramblers Association.
No substantial evidence was forthcoming from the objector; loads of incomprehensible case law was quoted, which passed way above our heads!  So we crossed our fingers & just hoped for the best.
A month ago we heard from the Planning Inspectorate in Cardiff.  We had won.
So everyone out there, if you have an access problem, its worth having a go, you just never know!
                                   Angela Howes  Feb 2008

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