Footpath policies

Monty Black made this Freedom of Information request to Pembrokeshire Coast National Park Authority

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The request was successful.

Dear Pembrokeshire Coast National Park Authority,

Please can you provide the following FOI request information.

1. Can you provide a copy of the first Definitive Map made in circa 1960? for North Pembrokeshire footpaths between Goodwick and Strumblehead.

2. List what maps are held and the years they were made for the footpaths in North Pembrokeshire between Goodwick and Strumblehead.

3. provide a copy of the earliest map held for footpaths between Goodwick and Strumblehead.

5. please provide a copy of all files,Letters,documents,plans held for footpaths
PP19/75
PP19/2
PP54/31,
PP54/32,
PP54/33,
PP54/33
PP54/34,
PP19/4
PP54/37
PP54/30,
PP54/36

6. Please can you explain why some paths historically have been wide bridleways and now on the 2012 Definitive Map they are designated as footpaths and only few in this area are designated Bridleways?

7. Are horses allowed on non designated bridleways? i.e footpaths?

Thank you for your assistance.

Yours faithfully,

Monty Black

Reception Staff and shared mailbox, Pembrokeshire Coast National Park Authority

Dear Mr Black

 

Request under the Freedom of Information Act 2000

 

The Authority acknowledges receipt of your e-mail dated 14 March 2018,
which has been accepted as a formal request under the provisions of the
Freedom of Information Act 2000 (the Act). 

 

Your reference number for this request is  247-2018  FOI (Please remember
to quote this reference number in any future communications.)

 

In relation to your application:-

 

(i)       Subject to the application of any statutory exemptions which may
apply in relation to your request, the Authority will take steps to
respond to your request.  If any such exemptions do apply, then you will
be notified accordingly by means of a separate formal written notice.

 

(ii)      The Authority has 20 working days, from the day after the date
of receipt, to comply with a request for information – under Section 10
of the Act.  Your letter of request was received by this Authority on 15
March 2018.  The statutory limit ends on 17 April 2018.

 

The Authority hopes to be in a position to respond within the statutory
timescale. 

 

Yours sincerely

 

Cydgysylltydd Rhyddid Gwybodaeth

Freedom of Information Co-ordinator

Awdurdod Parc Cenedlaethol Arfordir Penfro
Pembrokeshire Coast National Park

Parc Llanion /Llanion Park
Doc Penfro /Pembroke Dock
Sir Benfro /Pembrokeshire
SA72 6DY

Ffon /Tel: 01646 624800
Ebost /Email: [1][email address] /
[2][email address]

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Reception Staff and shared mailbox, Pembrokeshire Coast National Park Authority

2 Attachments

Dear Mr Black

 

Information Request – Freedom of Information Act 2000

Reference: 247-2018 FOI

 

We write with reference to your request for information pursuant to the
Freedom of Information Act 2000.  Your request was received on 15 March,
2018 in the following terms:

 

“Please can you provide the following FOI request information:

 

1. Can you provide a copy of the first Definitive Map made in circa 1960?
for North Pembrokeshire footpaths between Goodwick and Strumblehead.

 

2. List what maps are held and the years they were made for the footpaths
in North Pembrokeshire between Goodwick and Strumblehead.

 

3. provide a copy of the earliest map held for footpaths between Goodwick
and Strumblehead.

 

5. please provide a copy of all files,Letters,documents,plans held for
footpaths

PP19/75

PP19/2

PP54/31,

PP54/32,

PP54/33,

PP54/33

PP54/34,

PP19/4

PP54/37

PP54/30,

PP54/36

 

6. Please can you explain why some paths historically have been wide
bridleways and now on the 2012 Definitive Map they are designated as
footpaths and only few in this area are designated Bridleways?

 

7. Are horses allowed on non designated bridleways? i.e footpaths?....”

 

The right under the Freedom of Information Act to request official
information held by public bodies is subject to certain restrictions and
exemptions.  The Authority is under a legal duty to deal with your
application in accordance with the legislation and in particular to
provide a response as soon as practicable.

 

Our response is set out as follows:

 

1.          Duty to Confirm or Deny

 

        The Authority confirms that it holds the information requested.

 

2.          Disclosure

 

We are using the same numbering system as listed above and in your
e-mail.  Please note the number 4 was omitted from the list in your
e-mail.

 

1.     The Definitive Map, published in 1960, is held by Pembrokeshire
County Council. Pembrokeshire County Council is the registration authority
for public rights of way and is responsible for the preparation and
continuous review of the Definitive Map. The Definitive Map Officer is Mr
Matt Cloud.  [1][email address]

2.     The documentation held by Pembrokeshire County Council relating to
the preparation of the Definitive Map includes the maps prepared by the
parish councils and borough councils in the early 1950s for their
mandatory survey of public rights of way (the Parish Survey Maps); The
Draft Map of 1956 and The Provisional Map of 1958. The National Park
Authority stores the archive of the Parish Survey Maps on behalf of the
County Council. There were two former parish councils affected by the area
you have asked for: Llanwnda parish (with the public rights of way prefix
54) and Fishguard & Goodwick (with the prefix 19). I have attached a copy
of the Llanwnda Parish Council map. The file for Fishguard and Goodwick is
incomplete and no map is available. The Draft Map and Provisional Map are
held by Pembrokeshire County Council.

3.     The Parish Survey Map (mentioned above) is the earliest map held
for footpaths.

4.     (Omitted from your list)

5.     The National Park Authority has a public rights of way delegation
agreement with Pembrokeshire County Council whereby it is responsible for
the management of the majority of the network of public rights of way in
the National Park. The Authority is required to manage public rights of
way in accord with their classification on the Definitive Map.
Consequently there is a substantial amount of information held on the
Authority’s public rights of way databases and in its files. The Public
Rights of Way team comprises only two members of staff and it is estimated
that the identification, retrieval and collation of the information
requested would take in excess of 36 hours of work, which would interrupt
the team’s normal activities and responsibilities in a significant way. 
We are, therefore, refusing this aspect of your request under Regulation
12(4)(b) of the Environmental Information Regulations 2004 as we consider
it to be manifestly unreasonable.  However, we may be in a better position
to help you with your request if you were prepared to visit our offices at
Pembroke Dock when we could discuss your request in more detail and
arrange for you to view our databases and files in order to identify the
information you require.  Alternatively, Anthony Richards, our Access &
Rights of Way Manager, could discuss your request over the telephone in
order to identify a way forward.  He can be contacted on 01646 624800 or
you could provide me with your telephone number in order that he may
contact you.

6.     The surveys undertaken by the parish councils in the 1950s account
for the vast majority of public rights of way recorded on the Definitive
Map. Parish Councils were required to survey and claim public rights of
way that they considered to exist on the basis of their collective local
knowledge and patterns of usage over the preceding years.  The Parish
councils had three classifications to choose from in claiming public
rights of way: Public footpath,  Bridleway and Roads used as Public Paths
(RUPPs) . The guidance provided to the Parish Councils directed them to
record routes according to evidence of usage and rights rather than other
criteria such as suitability or desirability.   Therefore if using the
example of a wide lane, although it may be suitable for the passage of
horse riders, it may only have had a history of pedestrian use by the
public and accordingly, was claimed by the parish council as a public
footpath. Consequently the majority of public rights of way registered
across England and Wales tend to be classified as public footpaths. In
Pembrokeshire public footpaths account for 78% of the network of public
rights of way. The classification of RUPP was later replaced by
legislation requiring that all public rights of way originally
reclassified as RUPPs be reclassified to either Public Footpath,
Bridleway, Restricted Byway and Byway Open to All Traffic, again depending
on the evidence of public rights of way shown to exist on each route.
Incidentally all the public rights of way referred to in question 5 above
were originally claimed as public footpaths by the parish Councils  and
duly registered as such on the Definitive Map.

7.     There are four classifications of public rights of way on the
Definitive Map 2012: Public Footpath, Bridleway, Restricted Byway and
Byway Open to All Traffic. There is a right to lead or ride a horse on all
these routes except those designated as Public Footpaths. The right of
passage on Public Footpaths is for pedestrians only, however, horse riders
could use a public footpath with the permission of the respective
landowner.

 

 

YOUR RIGHTS

 

Section 1 of the Freedom of Information Act gives you the right to know
whether or not information is held by the Authority and the right to have
that information communicated to you in a comprehensible form.  A request
for information under the Act must be dealt with before the expiry of the
20 day period starting on the day after a valid request is received and
the appropriate fee (if applicable) is paid.

 

If you are unhappy with the way Pembrokeshire Coast National Park
Authority has handled your request for information, you can request a
review by writing to Mrs Janet Evans, Freedom of Information Lead Officer,
or by e-mailing [2][email address].  Internal review
requests should be submitted within two months of the date of the receipt
of the response to your original communication.

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right of appeal to the Information Commissioner at:

 

Information Commissioner's Office – Wales
2nd Floor
Churchill House
Churchill Way
Cardiff
CF10 2HH

 

Tel: 029 2067 8400
Fax: 029 2067 8399
Email: [3][email address]

 

There is no charge for making an appeal. 

 

Yours sincerely

Cydlynydd Gwasanaethau Cwsmeriaid
Customer Services Co-ordinator

Awdurdod Parc Cenedlaethol Arfordir Penfro
Pembrokeshire Coast National Park

Parc Llanion /Llanion Park
Doc Penfro /Pembroke Dock
Sir Benfro /Pembrokeshire
SA72 6DY

Ffôn /Tel: 01646 624800

 

 

Mae'r Awdurdod yn hapus i gyfathrebu yn Gymraeg neu yn Saesneg

The Authority is happy to communicate in Welsh or English

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Dear Pembrokeshire Coast National Park Authority,

Thank you for your comprehensive reply.
I acknowledge the reply and oversight on my part in that there was no number/point 4 designated.

Please can you clarify some information that you did provide:

1. your comment to point 2 in part was:

"I have attached a copy of the Llanwnda Parish Council Map"

You have in fact provided 2 maps, both covering Llanwnda Parish, and although I understand the second map is a continuation of the Parish to show the Parish completely there is some information not provided and would be helpful to clarify and move forward my request.

Can you clarify what is the date for these two maps (assuming they are a snapshot in time of the whole parish and represent one record map)? The maps are clearly marked as 1908 OS base maps but can you clarify what this annotated copy of the 1908 OS maps represent as it is not marked on there?

i.e You call it "the LLanwnda Parish Council Map" but earlier in your reply you make reference to Parish Survey Maps. Therefore are these maps you provided the Parish Survey Maps that where used to create the Draft Map of 1956 or the Provisional Map of 1958, or are they actually the Draft or Provisional Map or are they something else? For instance you may come back and say they are a map of footpaths from 1920 or 1970 etc so at the moment I am unsure what those right of way maps represent and their date?

2. Can you clarify what the Red coloured paths represent and what the Blue coloured paths represent, and provide information for Footpath numbered 31? because on the 'Llanwnda Parish Map1.pdf' it shows various paths coloured differently and path 31 as being blue from Llanwnda going East, but on the 'Llanwnda Parish Map2.pdf' it shows this as being Red, (although it can also be seen the Red has been drawn over the Blue). A copy of the legend/key would be helpful if there is one?

3. The footpaths are designated as PP31,32, 33 etc. on those maps whereas
Footpath PP31 on the 2012 definitve map is PP54/31 please identify what the PP54 stands for?

4. Your explanation of classifications and how they came about was most helpful and comprehensive thank you; and goes a long way to explain why a Horse may not be able to be rode along what may have historically been a bridleway, I also appreciate that the information requested would exceed the 36 hours of work and the limitations that imposes, therefore given the information about classifications explaining designations does actually clarify alot of the information I needed I do still need part of the original request and can now narrow it down to: Please provide the information you hold for PP54/31 as I would like to obtain any historical information for this section of path.

5. If the time requirement of less than 36 hours allows for it please also provide the historical information for PP54/32 also as this in essence is a continuation of the same route.

PP54/31 is appox 750m long and PP54/32 approx 520m so I would not have thought there is swathes of information on record, however if there is in excess of the 36hr limitation please advise that this is the case and I will indeed arrange to visit your offices to review your databases and files as suggested.

6. Can you advise if there is a possibility or process for a landowner to give permission or make request to change classification from a public footpath to a bridleway or is this something for Pembrokeshire Council to answer? I do now understand there is the facility for a landowner to give private permission to ride on a footpath but how would the landowner go about make this formal for the general public as opposed to consent to an individual?

Thank you again for your assistance.

Yours sincerely,

Monty Black

Maria Giannuzzi, Pembrokeshire Coast National Park Authority

3 Attachments

Dear Mr Black

 

Thank you for your email.  I have answered it using the same numbering
system of questions as listed in your e-mail.

 

Q1

The guidance provided by Pembrokeshire County Council to parish councils
to undertake the initial survey of public rights of way in the early 1950s
asked that they annotate their 6 inch scale OS maps in pencil, recording
the condition of the paths with a  standard set of abbreviations. The
guidance was produced by the Open Spaces Society in 1950 and distributed
to all parish councils by Pembrokeshire County Council.  I have attached a
copy for your information. The Draft Map for the Haverfordwest Rural
District Council area, of which Llanwnda parish was part, has a Relevant
Date of 1st June 1954 meaning that Pembrokeshire County Council had
prepared a Draft Map for the Haverfordwest Rural District Council area by
1954. By 1956 all areas of Pembrokeshire had a Draft Map. The Parish
Council maps that I attached in the previous email would therefore date
between 1950 (when guidance was issued) and 1954 (when the Draft map had
been prepared). Parish Map 1 would appear to be earlier as Parish Map 2
has the paths numbered, implying that Pembrokeshire County Council has
amended it in ink and with numbering.

 

Apologies for the confusion, my reference to parish council maps and
parish survey maps are one and same. They are the maps prepared by the
parish councils to record the public rights of way (in accordance with the
above guidance)  between 1950-1956 to produce the Draft Map. The two maps
I sent you are therefore the maps prepared by Llanwnda Parish Council.  
Prior to legislation in 1949 there was no statutory requirement for local
authorities to record their public rights of way so these parish maps are
the earliest maps to record public rights of way. (Ordnance Survey maps
have been produced since the 1840s and depending on the scale used would
have shown what was visible to the surveyor at the time. So footpaths
would have been recorded as a physical feature but no additional
information provided as to whether they were a public or indeed a private
right of way). 

Q2

The notation of the various classifications of public rights of way on the
Draft, Provisional and Definitive Map was set out in legislation.
Footpaths were to be a purple line, bridleways a green line and Roads Used
as Public Paths a broken green line. The fact that Map 2 was coloured
suggests that it was overwritten in ink by Pembrokeshire County Council on
the basis of the information submitted by the parish council.  On the
basis of the parish councils’ surveys the County Council produced typed
schedules of every public right of way to accompany the Provisional Map.
These Provisional Map schedules include each parish council’s survey and
description of every individual right of way in the county of
Pembrokeshire . These would date from between 1956-58 and I have attached
copies for your information.

Q3

As you will see from the guidance mentioned in Q1 the Parish Council were
asked to produce a log of footpaths by numbering them. Pembrokeshire
County Council then added a prefix number to distinguish each parish.
Pembrokeshire County Council had an alphabetical list of all 152 parishes
in the county.  Number “54” was allocated to Llanwnda parish. There were
formerly two administrative areas called South Pembrokeshire and Preseli
Pembrokeshire. The prefix for Preseli Pembrokeshire was “PP” and South
Pembrokeshire “SP”. Hence PP54/31 being path number 31 in the former
parish of Llanwnda, in Preseli Pembrokeshire area.

Q4&5

I will make arrangements to provide the information the National Park
Authority holds on public footpaths PP54/31 & PP54/32 as this will be less
than 36 hours work.

Q6

There is provision in legislation for a landowner to expressly dedicate a
public right of way over land in their ownership. This can be done through
a Public Path Creation Agreement under Section 25 of the Highways Act
1980. The power for local authorities to make such agreements is
discretionary and dependent on resources. In the case of an existing
public footpath a landowner could enter into a Creation Agreement with
either the National Park Authority or County Council to dedicate the
higher right of bridleway along a public footpath. This would be
conditional on the local authority having sufficient resources to improve
the surface and maintain the bridleway thereafter and being able to afford
to compensate the landowner (a landowner is entitled to compensation if
they dedicate a public right of way under S.25 of the Highways Act 1980).

 

Yours sincerely

 

Anthony Richards

Access & Rights of Way Manager

 

Awdurdod Parc Cenedlaethol Arfordir Penfro
Pembrokeshire Coast National Park

Parc Llanion /Llanion Park
Doc Penfro /Pembroke Dock
Sir Benfro /Pembrokeshire
SA72 6DY

Ffon /Tel: 01646 624800
Ebost /Email: [1][email address] /
[2][email address]

 

 

 

Mae'r Awdurdod yn hapus i gyfathrebu yn Gymraeg neu yn Saesneg

The Authority is happy to communicate in Welsh or English

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Reception Staff and shared mailbox, Pembrokeshire Coast National Park Authority

1 Attachment

2^nd of two attachments

Dear Mr Black

Information Request – Freedom of Information Act 2000

Reference: 247-2018 FOI

Further to my email of 10 April, 2018, with regard to questions 4 and 5, I
have attached information held by the National Park Authority for public
footpaths PP54/31 & PP54/32. I have provided a screen shot of database for
each file. If you would like to make an appointment we would be happy to
show you how the database operates in relation to these two public
footpaths. I should point out that the database was established in 2013.  

Yours sincerely

 

 

Maria Giannuzzi

Cydgysylltydd Rhyddid Gwybodaeth

Freedom of Information Co-ordinator

Awdurdod Parc Cenedlaethol Arfordir Penfro
Pembrokeshire Coast National Park

Parc Llanion /Llanion Park
Doc Penfro /Pembroke Dock
Sir Benfro /Pembrokeshire
SA72 6DY

Ffon /Tel: 01646 624800
Ebost /Email: [1][email address] /
[2][email address]

 

 

 

 

Mae'r Awdurdod yn hapus i gyfathrebu yn Gymraeg neu yn Saesneg

The Authority is happy to communicate in Welsh or English

show quoted sections

Reception Staff and shared mailbox, Pembrokeshire Coast National Park Authority

1 Attachment

This message has two attachments, which will be sent in two separate
e-mails, due to the file size.

Dear Mr Black

Information Request – Freedom of Information Act 2000

Reference: 247-2018 FOI

Further to my email of 10 April, 2018, with regard to questions 4 and 5, I
have attached information held by the National Park Authority for public
footpaths PP54/31 & PP54/32. I have provided a screen shot of database for
each file. If you would like to make an appointment we would be happy to
show you how the database operates in relation to these two public
footpaths. I should point out that the database was established in 2013.  

Yours sincerely

 

 

Maria Giannuzzi

Cydgysylltydd Rhyddid Gwybodaeth

Freedom of Information Co-ordinator

Awdurdod Parc Cenedlaethol Arfordir Penfro
Pembrokeshire Coast National Park

Parc Llanion /Llanion Park
Doc Penfro /Pembroke Dock
Sir Benfro /Pembrokeshire
SA72 6DY

Ffon /Tel: 01646 624800
Ebost /Email: [1][email address] /
[2][email address]

 

 

 

 

Mae'r Awdurdod yn hapus i gyfathrebu yn Gymraeg neu yn Saesneg

The Authority is happy to communicate in Welsh or English

show quoted sections