Concerns over public rights of way aired at online meeting

The meeting held over the platform Zoom attracted farmers from across Wales, many from tourist hotspots such as Snowdon, who had many questions for the speakers.

All the farmers had some sort of right of way over their land, public footpaths in most cases but also coastal access, 'open country' under the Countryside and Rights of Way Act, bridleways and green lanes and had experienced problems at one time or another.

Dogs were a common problem with concerns over dog muck, livestock worrying, injury and deaths and disease transfer from dog faeces.

“For many of the farmers the Covid lockdown had reduced the problems they experienced with public access but for a smaller number problems have got worse,” said Philip Meade who spoke on behalf of Davis Meade Property Consultants along with Charles Cowap, consultant chartered surveyor and analyst.

The session was also a useful opportunity to revisit the rules on livestock and cultivations on public paths, and questions over liability for dogs and livestock.

Farmers were reminded of the fact that the owner of a dog is responsible for any damage done to livestock by their dog.

From the farmer's point of view killing a dog which is threatening livestock must always be a last resort and it is vital that the police are informed as soon as possible if the farmer is to have a defence against legal action.

All the farmers were keen to lobby for stricter controls over dogs in the countryside, for example making it a legal requirement for dogs to be on a short lead at all times around livestock. This is already a legal requirement on 'open access' areas during the bird nesting season.

The seminar also covered Definitive Map Modification Orders which can be put in place if someone intends to claims a new footpath across land and also the merits and pitfalls of temporary diversions and permissive routes which may incur increased liability for the land manager.

“The use of a specific route by members of the public for a period of time (usually 20 year plus) can lead to an application for a permanent right of way. This is of particular concern for landowners adjoining housing estates or with certain landscape ‘features’ such as rivers, reservoirs, lakes or those with tracks accessing items such as solar panels, masts or wind farms,” Mr Meade said.

“The solution is to make a Statutory Declaration under the Highways Act every 10 years and lodge it with the local council, stating ownership, current RoW and hence clarifying what isn’t a RoW and ideally include a marked up OS plan. Notices should als be displayed on the land.

“Where a Definitive Map Modification Order is made for a Right of Way landowners must be alerted so they can object to it and the Local Authority must refer any applications with objections to the Planning Inspectorate. Here it is key to properly challenge the evidence of the extent and nature of the claimed use,” he said.

The online meeting was organised by FUW and Davis Meade Property Consultants (DMPC) as a new way for farmers to meet during lockdown.

“We are now planning future seminars on other topics of interest to farmers in Wales and England," Mr Meade added.