Recently the Area has been involved in three Public Inquiries in
Stringers Lane Kinnerton
Two claims had been made
to put a bridleway on to the Definitive Map. The first was in the late
1980’s and the second in 2007. Both were based on 20 years uninterrupted
use. The original application had not been processed and the papers
Flintshire County Council (FCC) submitted the Claim to the
Planning Inspectorate in 2012. At this stage, although they had taken
extensive research, FCC decided that they would take a Neutral Stand. This
meant that the Community and the Ramblers had to take on the case to be
put to the Inspector.
Following the Public Inquiry the Inspector
concluded that a right of way existed over the route. It has therefore
been added to the Definitive Map.
This was a claim
made in the 1990s and not processed by FCC. Eventually they submitted it
to the Planning Inspectorate who again held a Public Inquiry.
of the delay some of the witnesses could not be found and others were not
clear on the route walked. As the claim included a section over a railway
line Network Rail objected. They were represented by barrister who put
forward the argument that the path could not be created because anyone
crossing a railway line at this point would have been trespassing.
Inspector although not agreeing with the barrister, turned down the
application. The reason being that the evidence submitted by the witnesses
was not consistent.
This Public Inquiry was to
decide the actual line of the footpath. This path had been altered by the
construction of the A55 in the early 1980s. It is not clear where and how
the path reaches a public road.
We supported the County in the belief
that the path went through a farmyard to a public road. The Definitive Map
shows it going to join another road before joining the public road –
effectively outside the boundary of the farm. Unfortunately this link was
now in private hands. The owner is disputing both the line through the
farmyard and around it.
A PI was held in July and we are currently
awaiting the Inspector’s decision