POWYS County Council’s planning committee has rejected an application to downgrade a bridleway in Llanbrynmair to a footpath.

The application known as a Definitive Map Modification Order (DMMO) was made by Terry Margolis in October 2013.

Mr Margolis is the owner of Barling’s Barn, which used to be known as Caeaugleision. His land is crossed by bridleway six – a route which also crossed land at Cwm-y-Ffynnon farm and Cwm Pen Llydan.

Sian Barnes, Powys County Council’s definitive map and commons registration officer, researched the issue, including relevant legal background documentary evidence, user and landowner evidence.

Ms Barnes said: “The evidence to do that must be cogent, of sufficient substance to displace the presumption that the definitive map is correct and there must be positive evidence of any erroneous recording.

“Whilst the applicant’s comments have been noted, it is not considered that they have provided sufficient evidence to positively demonstrate that the application route has been incorrectly recorded.”

“The body of evidence researched included positive evidence of a highway of footpath status, at the very least, over the application route. This is not contested by the applicant.

“Local history records attest to the generally poor condition of the highways in the area during the period of 1880 and even into the early 20th century.

“The presence of a stile at one location could reflect a change in the use of a route over time, but would not be enough, without other evidence, to draw the conclusion that the route cannot be of bridleway status.

“The parish survey card records the path at bridleway status.

“If the parish had disagreed with the surveyor’s view that this route was a bridleway, they could have challenged that at a number of stages before the first definitive map was published.”

Ms Barnes added that no evidence of this had been found.

Cllr Elwyn Vaughan, who represents the Glantwymyn ward, said: “I know the area like the back of my hand, as I went past this place for 12 years while going to school.

“The meaning of Caeaugleision in Welsh is: better land than the rest of the area.

“It is easy to understand why this would be used rather than wet or marshy land.

“The test stresses that the applicant needs to prove this is a footpath, not a bridleway. There was no appeal against this classification in the 1960s and to be consistent, I move that we back the off­icer’s recommendations.”