A long-running dispute as to whether there is a public footpath across the front of a row of houses in Arthog has been brought to an end.
After months of deliberation following a nine-day public inquiry, inspector Janine Townsley, for the Welsh Government, has decided that there is no such right of way at Mawddach Crescent, Arthog.
This overturns the previous decisions of Gwynedd Council’s Planning Committee, which the inspector considered to have been unreasonable.
The inspector reviewed historical documentary evidence such as community council minutes, correspondence, guide books and maps. She concluded they did not demonstrate the existence of a public footpath.
Taking into account witness statements and the evidence at the inquiry, she found that there was some evidence of use of the route by the public over the relevant years, although some of this usage was not ‘as of right’, because it was with permission by the land owners or in defiance of ‘Private’ signs and notices.
The inspector decided the owners had done enough to make it clear that they did not intend to allow a right of way to arise. In particular, ‘Private’ and ‘Private Road’ signs had been in place since at least the 1950s or earlier. Signs from 2006 state, ‘Stop – Private Property – please use public footpath to rear of houses, thank you’.
The inspector concluded that the 2006 signs brought into question the use of the route and that earlier signs at the crescent and other steps taken by owners were sufficient to make clear they did not intend to grant a right of way.
She also concluded historic evidence did not show that original developer, Solomon Andrews, had ever dedicated a right of way, so there has never been a public footpath along the route.
Responding to the inspector’s decision, crescent residents said: “We are pleased and relieved that the inspector has concluded there is no public right of way across the front of Mawddach Crescent – as we have always said.
“The public footpath runs behind the crescent. It is widely used and clear signs have been in place since the 1950s. The definitive map of public footpaths for the local area was first prepared around that time - showing a public footpath behind the crescent and no public footpath in front.”
The crescent was requisitioned in the Second World War to be a Royal Marines training camp and the frontage was a parade ground. After the war, the properties were sold – mostly to tenants.
When the crescent houses were sold after the war, the sale included the land in front each house. This remains privately owned.