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Landowner allowed to build near right of way

Friday, 11 April 2025 16:37

By Ted Peskett - Local Democracy Reporter X @TedPeskettNews

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A landowner’s plans to build new stables have been approved despite fears it will obstruct a popular walking route.

Vale of Glamorgan Council’s planning committee met on Thursday to discuss the scheme which proposes the construction of stables on land south of Westra in Dinas Powys.

Concerns were raised about how an access lane going up to the land and public right of way has been gated off in the past.

In its final report on the plans, the council said there should be no adverse affect on the public right of way that crosses the site and has told the landowner not to put any barriers, structures or other obstructions across the path.

However, local councillors and members of the public continued to raise their objections.

Cllr Chris Franks, who represents Dinas Powys, said the footpath forms an “important part of the public right of way network”.

He added it is one of the key walking routes between Dinas Powys and the west of the county and is used to avoid the “busy and dangerous” road that is Westra.

The Plaid Cymru councillor said it was “unfortunate” that access to the lane leading up to the public right of way, which he said possibly dates back to the Medieval period, has been gated off.

The council’s planning report on the site refers to the access lane being private, but another section states ownership of the upper section is unknown.

Cllr Marianne Cowpe, who also represents Plaid in Dinas Powys, questioned “why the gate is not installed on the applicants property rather than at the beginning of the lane which is simultaneously of unknown ownership and private.”

She added: “I don’t understand how it can be both. More than 100 years of custom and practice have been removed from local constituents by the installation and particularly the locking of this gate."

“Some constituents are terribly upset and unhappy. They have been instructed not to park there. Legal action has been mentioned. They have no access to walk the fields."

“There is now no circular route on this walk as [exiting] from the north end of the access lane is not possible."

“This affects peoples’ enjoyment of this area. They are worried about what further unregulated changes will be made in the future.”

Cllr Cowpe also raised concerns about the potential increase of traffic on Westra due to the development.

Vale Council said that whilst ownership of the upper part of the access lane is unknown, a formal right of way for the applicant to use it is in place.

They added the landowner’s horses are currently kept on four separate sites that are of insufficient size and that the animals have to be moved around regularly via a four tonne horsebox.

The council’s report states: “However, the need to rotate the horses would cease following construction of the building as the land is of a sufficient size to keep the applicants’ horses in the same location."

“Resultantly, this would significantly reduce the need to move the horses, and traffic to the site would reduce considerably, and the need to use the horsebox would diminish."

“The transport statement notes that the only regular movements on a daily basis would be by the applicant in a private car or ATV farming vehicle, which would ordinarily result in two movements per day.”

Advice given to the local authority by one of its public rights of way experts states the public right of way going across the application site must be open and available at all times.

However, it also goes on to add that if it needs to be closed to assist in facilitating works and order should be sought under the Road Traffic Regulation Act 1984.

The advice, published in the council’s report also states: “Temporary closure should not be sought in order to allow construction of permanent obstructions.”

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