Cyngor Sir Powys County Council

GWASANAETHAU, HAMDDEN, DILWYLLIANT A CHEFN GWLAD

RECREATION CULTURE AND COUNTRYSIDE SERVICES

Swyddfeydd Sant Ioan, Pumffordd, LLANDRINDOD /

St John’s Offices, Fiveways, Llandrindod Wells, Powys, LD1 5ES

From: Mark Stafford-Tolley To: Kevin Lewis

Senior Rights of Way Officer Highways Portfolio Manager

Cc:

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Our ref / Ein cyf:

Your ref / Eich cyf:

Date / Dyddiad: 27th August 2009

BRIEF FOR REPORT ON SURFACING WORKS TO MONK’S TROD (LC296), RHAYADER

I have pleasure in providing a brief on the proposed engineering works to a byway open to all traffic (LC296) and unclassified road (UH7), more commonly known as the Monk’s Trod (see attached plan from points A-C).

Since the permanent closure of the use of four wheel drive vehicles in 1990, and the continual extension of a temporary closure for motorcycles since 2002, this route has been a topic of much discussion and debate. The main reason for this is because of the significant ecological and historical value the route passes through.

The route having a temporary closure on it was still being damaged, and there were calls to have better enforcement and a permanent closure for all motorised traffic. This led to Ceredigion and Powys Local Authorities convening to set out the next steps on the management of the route. It was agreed that a preliminary assessment should be commissioned to determine the next steps which sets out the definitive line, an optimum route, and the costs to repair the surface for motorcycles and horse drawn vehicles throughout the year. Margaret Thomas, an independent consultant was assigned to write the preliminary assessment in 2005 who has a wealth of experience in surveying upland paths. The report and associated plans are enclosed.

After the report was received, it was resolved by our Radnorshire Local Access Forum on 5th June 2006 that access to the Monk’s Trod for motorcycles and horse drawn vehicles should be allowed during limited periods of the summer for motorcycle and horse drawn carriages. This was discussed at the forum, to include approximately 2 months of useage.

Standard of repair

It is difficult to quantify the exact standard of repair, but any works should be deemed satisfactory to withstand motorcycle and horse drawn traffic for a dry two month period (most likely months are July/August). The use of the route for horse riding, mountain bikes and pedestrians would not be affected, and their use throughout the year would continue.

The level of use, especially for motorcycles would be reasonable high if works were to have taken place as of course the two month window might concentrate traffic that would normally have taken place throughout the rest of the year.

Any works would need the input from the Council’s ecologist, Hannah Powell (or your own ecologist) to ensure that the type of works and standard of repair is the most suitable for that highly sensitive designated environment. Therefore close liaison would be important. Additionally it would be expected that an environmental impact assessment or an “appropriate assessment” is written for the works as what is required under the European Habitat and Birds Directive. This should be incorporated in the report, so as to give detailed ecological information for the Countryside Council for Wales to give opinion or consent.

The standard of repair is also set out in Margaret Thomas’ report in section 7. I note that in paragraphs 7.11 and 7.12 that she recommends that the same route standards should be applied for on a seasonal use basis which is exactly what we are considering.

Alignment

The two most important alignments that need an engineering and ecological/hydrological assessment are the definitive line and the optimum route, both of which are mapped in Margaret Thomas’ report and plans for which are enclosed and highlighted in green and blue.

The optimum route alignment is contained in section 6 of Margaret Thomas’ report (paragraphs 6.1 to 6.5), and should include the route as contained in paragraph 6.4 rather than use “C3” through Esgair Cywion as it would need the permission of the Elan Valley Trust which will not be forthcoming.

In addition to the optimum alignment, Margaret Thomas’ report in section 5 goes into the potential alternatives in paragraphs 5.7 to 5.9. It would be required as part of the report to survey these routes as well to ensure the alternative routes have been included in assessing the best route available.

I would require a breakdown of the costs for providing a report just for the definitive line and optimum route, and then the costs for the definitive line, optimum route and the potential alternative routes.

Ecology/Hydrology

I do not think I need to stress the ecological importance of this area. Instead of giving you a breakdown, I have also attached a document putting forward the landowner’s (Elan Valley Trust) views, which goes into some length on describing the statutory designations that are in existence.

In addition I enclose notes from David Drewett, of the Countryside Council for Wales scheduling the ecological information along the route that needs to be taken account of. This is important, as if we were to propose engineering works on a route with a high ecological value, but could have done it elsewhere then we would be criticised, so this way at least we are starting the report with as much ecological information as we possibly can.

The report should specifically concentrate on the impact for the reasons for the designation as a SSSI, SAC, SPA and whether the proposed works meet the tests under the Habitat Regulations ( an appropriate assessment), and whether a Strategic Environmental Assessment would be required under European Directives.

Archaeological Interests

A consultation with CADW and Clwyd-Powys Archaeological Trust maybe needed to ensure that the historical interests of the Monk’s Trod have been incorporated within the report. I am aware that the Elan Valley is one of 22 areas that fall within the Register of Landscapes of Special Historic Interest in Wales, and of course the historic interest in the route linking two important monastries at Abbey Cwm-Hir and Strata Florida.

Local Access Forums

Section 94, Countryside & Rights of Way Act 2000 put in place Local Access Forums as statutory advisers for highway authorities for the improvement of public access. As already stated the Radnorshire Local Access Forum approved a small amount of use for motorbikes and horse drawn vehicles. However, the Ceredigion Local Access Forum approved the permanent closure of all motorised traffic, so there is a disparity between the two views.

Due to the importance of dealing with the Monk’s Trod as a whole route (i.e. include the route surveyed as in Ceredigion as well as Powys), and having discussed it with Ceredigion County Council the report should deal with the route the same in Ceredigion as in Powys (i.e. use of motorbikes and horse drawn vehicles for summer access across the entire route). However, it would be beneficial if the report could still include the fact that the Ceredigion Local Access Forum does not approve of the use of motorised traffic on the Monk’s Trod.

Cambrian Mountains Pilot Project

This project looks at the sustainable use of identified routes across the Cambrian mountains for motorised traffic. One of the routes that has been identified is the Monk’s Trod, and I will need to provide you information on the Monk’s Trod that the consultants did to include in your report. The project looked at the surface carrying capacity, ecology, built heritage and tranquility. Each of these categories used a traffic light system of red, amber and green to determine whether that route is sustainable. Each category had to be green to enable that route to be determined as being sustainable.

Sustainability & Climate change

The report needs to reflect on the shifting seasonal rainfall patterns and links to the effect this might play on the hydrology and long-term implications for route maintenance/repair.

Recommendations

The report needs to draw out the technical engineering and cost implications in providing both a “repaired” route and its long-term maintenance for both the optimum route, the definitive route and possibly the alternative routes if such a report can be financed. Against this, it also needs to examine the effects of such engineering proposals on the site ecology and hydrology and to judge this against the requirements in meeting the tests under the Habitat Regulations and also the Wildlife & Countryside Act 1981 in seeking to implement such proposals.

Additionally, the ecological/hydrological information would be subject to evaluation by the Countryside Council for Wales in seeking consent on whether such works could be consented on such an environmentally sensitive area.

I think you will agree that with the information required, a high standard of content would be needed to ensure that a rational and informed decision can be made on the long-term management of the route.

In addition, it maybe beneficial that before the report commences that a scoping study is written to ensure that the information that is required to determine the long-term management of the Monk’s Trod is contained within the report.

Please let me know if you would like to commission this report, and I look forward to hearing from you.

Mark Stafford-Tolley

Senior Rights of Way Officer

Recreation Culture & Countryside Services

Encls.