A Powys county councillor says he intends to stop public access to a patch of land he owns by placing barbed wire around it after hearing about another landowner being “penalised for his generosity”.

This follows discussion and a vote at a meeting of the council’s Planning, Taxi Licensing and Rights of Way committee which will lead to the creation of a new public footpath in Presteigne.

At the meeting on Wednesday, May 14, the councillors received a report on a “definitive map modification order” submitted by Presteigne Town Council on land in the town to create a new public path in the town.

The application had been served on the former owner of Fold Farm, Susan Meadows, but the current owners are Andrew Goodwin and Diane Bayliss.

Countryside access and recreation professional lead officer, Sian Barnes said that the application route starts on Broad Street in Presteigne and runs along a corridor of land past Fold Farm which is known locally as “Fold Farm Lane.”

This goes on to connect with registered footpath PR1807.

Ms Barnes explained that research into the historic use of the route included looking at Tithe Maps, documents from the Finance Act 1910, town council records, as well as tourist guides and a written history of Presteigne.

However, the crux of the application is in evidence provided by witnesses that they had used the route for a 20-year period without being challenged by the landowner.

This means that during that 20-year period there was a “presumption” that the route is a public path.

This needed evidence from people who use the path “without secrecy and interruption” and without permission to use it due to residential rights or visiting those who live there.

Ms Barnes explained that 63 witness statement had been supplied by people who said they had used the route, and this came from a 20-year period encompassing 1992 to 2012 when the land was owned by Ted Breeze, Mrs Meadows’ father.

Ms Barnes said: “In total, 33 witnesses were interviewed, levels of use throughout that period were acknowledged to be low, however eight witnesses did report more regular use from several times per month to once a week.”

Deterrents to using the route emerged from 2010 onwards, with signs put up in 2012.

Ms Barnes said: “Once the witnesses were interviewed an earlier verbal challenge was dated from 2008.”

This put back the 20-year usage period star date back start from 1992 to 1988.

Ms Barnes said: “The body of evidence does suggest uninterrupted use over a 20-year period.”

Due to this she recommended that the order is made, and the public footpath added to the definitive map.

Cllr Gareth Pugh (Conservative) believed the landowner had been “penalised for his own generosity” by allowing people to cross the land.

Cllr Pugh said: “I’ve got land, and I let people go across it, but after what I’ve heard today I will be putting barbed wire around that gate and stopping people using it.

“Because I would not want them coming back to me in a few year’s time and saying we’ve walked this land for so many years so now we can apply for a footpath across your land.

“Being a landowner, I would go against this recommendation.”

Earlier in the discussion committee chairman, Cllr Gareth D Jones (Powys Independents )asked: “Had that one witness not come forward who altered the  dates (from 1992 to 1988) do you think we would be in the same situation in relation to your recommendation?

Ms Barnes said: “I would say not, because there is that credible body of evidence and we do have evidence that spans a wider period than that.”

The application went to a vote. 10 councillors voted in favour, and three voted against making the order.