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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, ( PRoWL ) deeply regrets Tynwald’s continued failure to resolve the Langness footpath issue. People who have used the paths around and across Langness for generations know that under Manx law these routes should have been made Public Rights of Way a long time ago.

Ian Costain, PRoWL spokesperson said, 'PRoWL was pleased to work with the delegation to find a possible solution. At the time we had confidence that Mr Cannan’s team was trying to find an acceptable way forward. We are nearing the end of 2008 and the delegation have failed to agree a way forward with the Langness landowners since the beginning of the year. PRoWL has been urging Tynwald to take action to implement its own footpath laws since summer 2006. Tynwald and the Manx people should find this further delay intolerable.'

[We are advised by the landowners that they have not 'changed their advocates three times in little over a year' and that we were misinformed. We have also been advised that our opinion that this was a 'cynical tactic' was unsubstantiated. We are happy to accept this information, and apologise for the mistake.]

In January 2008 the Department of Transport first brought its intention to conduct an Inquiry to Tynwald. Some MHKs wanted to to see alternative action prior to agreeing to an Inquiry.

Firstly, they wanted PRoWL to agree to being involved in talks with the landowners. Although PRoWL believed that talks were best conducted by the DoT alone, they agreed.  

Secondly, they wanted to see if a binding agreement could be found without conducting an Inquiry. PRoWL agreed to co-operate fully with the delegation.

Mr Costain said, 'There comes a time when Tynwald must recognise that honest attempts to find a mutually agreed solution have come to nothing, and that the DoT’s plan for an Inquiry should be supported.'

PRoWL continues to be contacted regularly by people with new pledges of support. The frustration and anger of many local people who have put their names to the PRoWL cause is palpable. The resolve of the many hundreds of people for whom PRoWL speaks is as strong today as it was when the first footpaths closure took place almost three years ago. The evidence that the footpaths became ‘highways’ under the terms of the 1986 Highways Act is overwhelming and should convince any Inquiry inspector.

Mr Costain continued, 'I believe Tynwald should have faith in the laws it has written. If it doesn't - then what is the point in writing them? We look to Tynwald to take the long overdue decisive action - let the DoT require the obstruction to be removed, or send the matter to inquiry.'

The Tynwald debate saw an interesting range of views brought forward.

Although one MHK called the matter ‘a storm in a teacup’, others could see that the issue concerned the rights of the Manx people to continue to enjoy their heritage.

It was strange to hear several MHKs talk about a 50 metre closure, when even the first closure was more than this, and the second was many times larger.

PRoWL’s case doesn’t depend on whether the current closures amount to 200 or 250 metres – what matters is the implication for the rest of Langness if a landowner can arbitrarily exclude the public from one section of the traditional paths.

If one section can be successfully closed today, there is no security for any other sections tomorrow,

As the Attorney General said in Tynwald on Wednesday, the paths south of the car park may well already have become highways under Manx law. Rights of Way could have been created without being formally recorded, and this is the issue for an independent inspector to resolve.  PRoWL always felt that an exchange of written evidence was all that was required, but the DoT favoured a more full-scale inquiry, which we were pleased to support.

Any delay in dealing with an issue that’s already over two years old is regrettable, but a three month period for further mediation is something PRoWL can live with.

The parties involved in the matter are the landowners and the Department of Transport, but if PRoWL is invited to make a contribution we will be happy to oblige.

In the meantime, PRoWL will continue to amass evidence that the Langness paths in general have been used ‘as of right’ for many years, have already become highways under Manx law, and should belatedly be given the same protection as any other Rights of Way on the Isle of Man.

Ian Costain and colleagues argued for the swift re-opening of the obstructed paths at Langness in the Barool Suite of Tynwald today at 1pm.

PRoWL made their case to MHKs and MLCs using a beautifully illustrated Powerpoint presentation. They invited Tynwald members to agree that Langness is a "vital aspect of Manx heritage where free access should be preserved for future generations."

Chief Minister, Tony Brown, has said of the Langness dispute: "The law will solve the problem."

PRoWL asked Members to ensure all legal routes are pursued to resolve the Langness dispute as quickly as possible, and to accept that 'permissive' footpaths are worthless in upholding the rights of Manx residents and taxpayers.

Ian Costain said, "We believe the Attorney General has received advice that a public enquiry should be held into the Langness footpath closures. If this is the case, we urge Ministers to define a timetable for the swift conclusion of that enquiry."

The Isle of Man is independent, but decisions of the UK Law Lords must be acknowledged here.

In June the Law Lords re-wrote case law by deciding: "If the owner of land used by the public does not intend the land to be dedicated as a public highway, he must communicate this to the users of his land."

Ian Costain, spokesman for PRoWL, said, "It’s no longer good enough for a landowner to have privately registered his desire to exclude the public. The public must have been made fully aware of his intentions.

"Through the evidence PRoWL has collected, including 127 sworn affidavits signed by Manx people, it’s clear no such intention was shown by any Langness landowner across the contested 21 year period.

"12 months ago the Attorney General may have been less certain about the Manx people’s right to use Langness. Now there can be no mistaking the right of all people to walk this important public highway."

To read full details of this case, as reviewed in Property Week - Please click here