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For more info -
or to support us,
please get in touch:
prowl@manx.net
PROWL, 1 Castle Street,
Castletown, IM9 1LF
Or call Ian on:
01624 837 059
Public Rights of Way - Langness
presents to Tynwald
PRoWL organisers presented their case to
MHKs and MLCs on Wednesday 21st November 2007 in the Barool Suite at
Tynwald.
Ian Costain and colleagues argued for the swift re-opening of the obstructed paths at Langness.
Ian Costain and colleagues argued for the swift re-opening of the obstructed paths at Langness.
In brief:
In
our presentation we have asked MHKs and MLCs to:
- Agree that Langness is a vital aspect of Manx heritage where free access should be preserved for future generations
- Consider that it’s important for Rights of Way to be upheld in accordance with Manx law
- Show Co-Min members that ‘permissive’ paths are not an acceptable solution in this case – only Rights of Way will do
- Encourage the Transport Minister to act to resolve this issue
- If an independent public enquiry is seen to be the best way forwards – please urge Ministers to define a timetable for the swift conclusion of that enquiry
*****
We then outlined the current situation, and
the historic importance of Langness in terms of archaeology, geology,
tourism, culture and heritage. We also explained the context and
validity of our evidence for public rights of access to Langness,
including the sworn affidavits of 127 Manx residents.
*****
We showed that Manx Law is almost identical
to UK law, and proved that the recent Law Lords ruling is
relevant in this case on the Isle of Man. (More info - click here)
*****
We addressed specific areas of concern.
The landowners say:
The landowners say:
- Of 127 affidavit-writers, none of them has walked it every day for twenty-one years
- Will offer a path of permissive status
This offer should be rejected out
of hand because:
a) Traditional use has rendered the path a ‘highway’ because it has been used extensively and regularly for more than twenty-one years
b) The strength of the ‘public access’ argument rests on the use of the circular path ‘as of right’, for more than twenty-one years. As soon as any part of the path becomes permissive, then that right disappears
c) A permissive path, by definition, confers no rights. The permission can be withdrawn at any time, for any reason ( including, for instance, any future sale of the land ) or arbitrary restrictions added. To concede that any of the traditional highways should be devalued to ‘permissive’ status would be the greatest mistake imaginable.
a) Traditional use has rendered the path a ‘highway’ because it has been used extensively and regularly for more than twenty-one years
b) The strength of the ‘public access’ argument rests on the use of the circular path ‘as of right’, for more than twenty-one years. As soon as any part of the path becomes permissive, then that right disappears
c) A permissive path, by definition, confers no rights. The permission can be withdrawn at any time, for any reason ( including, for instance, any future sale of the land ) or arbitrary restrictions added. To concede that any of the traditional highways should be devalued to ‘permissive’ status would be the greatest mistake imaginable.
*****
Following meetings with the landowners
fears
have been expressed:
Fear 1:
If the court case is lost, the landowners could close all access
PRoWL’s response to this ‘counsel of despair’:
1. This was the landowners’ intention from the beginning
2. The case for conferring Right of Way status is overwhelming
3. There is no security in permissive agreements
4. The holiday cottage will be sold in due course, and only full Right of Way status will guarantee continued access to the coastal path
Fear 2:
If the court case is won, the landowner could deploy further barbed wire to fence-in the Right of Way on both sides
PRoWL’s response:
1. Such additional wire would spoil the landowners’ own enjoyment of the land
2. Most of the peninsular belongs to a different landowner
3. Much of the footpath is already as narrow as it could be
4. There should be Health & Safety / marine emergency and Planning reasons for more wire not being allowed
5. There are many more paths which will be proved to have become highways’ , e.g. three paths to the Round Tower
We concluded our presentation making our view clear:
Right of Way status is the only solution
We finished, as we began, by outlining our specific requests to MHKs and MLCs. And we thanked Tynwald members for their time.
As Chief Minister, Tony Brown, has said: "The law will solve the problem."
Let's hope it does.
Fear 1:
If the court case is lost, the landowners could close all access
PRoWL’s response to this ‘counsel of despair’:
1. This was the landowners’ intention from the beginning
2. The case for conferring Right of Way status is overwhelming
3. There is no security in permissive agreements
4. The holiday cottage will be sold in due course, and only full Right of Way status will guarantee continued access to the coastal path
*****
Fear 2:
If the court case is won, the landowner could deploy further barbed wire to fence-in the Right of Way on both sides
PRoWL’s response:
1. Such additional wire would spoil the landowners’ own enjoyment of the land
2. Most of the peninsular belongs to a different landowner
3. Much of the footpath is already as narrow as it could be
4. There should be Health & Safety / marine emergency and Planning reasons for more wire not being allowed
5. There are many more paths which will be proved to have become highways’ , e.g. three paths to the Round Tower
*****
We concluded our presentation making our view clear:
Right of Way status is the only solution
- The landowners’ action in closing-off a section of one of the traditional paths has shown there is no security for any of these paths unless they all become recognised as Rights of Way
- Further land closures at Langness have already been threatened, according to local media
- Rights of Way, however restricted, are the only way forward. Permissive agreements would give no long-term security, leaving the car park isolated and pointless
- Manx law acknowledges that some paths with undeniable credentials will have ‘slipped though the net’ and not been formally recognised. Section 88 is in place to provide the context for their ratification
*****
We finished, as we began, by outlining our specific requests to MHKs and MLCs. And we thanked Tynwald members for their time.
As Chief Minister, Tony Brown, has said: "The law will solve the problem."
Let's hope it does.
x
Working to
preserve access around Langness
for our children and grandchildren
for our children and grandchildren