A couple in Barry is set to challenge a council decision on a footpath crossing their driveway, escalating a long-standing dispute.
Barry: A couple, Jean and Graham Underdown, have been dealing with a footpath issue for over 20 years. They want to remove a footpath that cuts across their shared driveway. Recently, they found out that their request to the Vale of Glamorgan Council was denied.
This situation has caused quite a stir in their neighborhood. The Underdowns even faced some nasty behavior from neighbors, including vandalism. It’s been tough for them, with incidents like having a breeze block thrown at their car.
Jean shared how stressful it’s been, saying it feels like they’re under constant pressure from both the council and some residents. She pointed out that while some people don’t want footpaths through their property, they have no problem walking through someone else’s.
The council claims the footpath has been in use for over 20 years, but the Underdowns disagree. They brought in an aerial photographer who provided evidence showing no public right of way existed during several years in the past.
Despite the evidence, the council argued that aerial photos alone can’t prove the status of a right of way. Jean is still hopeful but knows this fight could drag on for years.
She mentioned her health issues, which have worsened due to the stress of the situation. They could have sold their house long ago, but it’s now considered “blighted” because of the footpath.
In October 2024, the Welsh Government’s planning body refused their appeal, which has only added to their frustration. Jean believes the inspector didn’t even visit their property to see the problem firsthand, which is a big reason they’re challenging the decision.
Before they can take legal action, they need to send a letter of claim to the Welsh Government. They’re hoping this will help overturn the inspector’s decision.
They’ve got some support from Karen Medhurst, an experienced campaigner in footpath disputes, who’s helping them prepare their case. But she warned that even if they get to court, it could be a long and complicated process.
Jean and Graham’s story isn’t unique. Many people face similar issues with footpaths on their property, and the process can take years. The Deregulation Act 2015 was supposed to speed things up, but it hasn’t made much difference.
When we spoke to them, they mentioned the mess from dogs and mud on their driveway as ongoing problems. Some neighbors feel the council’s decisions have limited their right to walk along the path, but others respect the Underdowns’ property.
The whole issue started back in 1994 when a housing development was approved, which included the footpath. The Underdowns argue that the promised public access wasn’t properly established when they bought their home in 1999.
They believe the footpath should have been redirected to avoid crossing private property. They even tried to have it removed back in 2009.
Jean expressed frustration, saying the promised public access was never delivered. Many residents bought homes in the area thinking they’d have access for their dogs, but that hasn’t been the case.
According to the council, planning conditions don’t have a set timeline, and they believe they’ve followed all the proper procedures. Meanwhile, Taylor Wimpey, the developer, insists they complied with planning permissions.
The inspector overseeing the appeal acknowledged the aerial evidence but also noted that it doesn’t definitively prove the path wasn’t used. The Underdowns have suggested redirecting the footpath to a nearby kissing gate, which could be a better solution.
Despite the challenges, Karen remains hopeful that justice will prevail and that the footpath will eventually be removed. She believes that while some may be upset initially, people will adapt to the new route quickly.
