28/08/2025
PEDW have forwarded the Council's representations in response to the queries raised by responders to the latest public consultation that ended in late July. We've attached it for information and to demonstrate the Council's continued support for the scheme
CAS-04405-W7F8N3Section 38 Common Land Application for works on Clyne CommonCouncil’s responses to the representations and objections relating to the Section 38 application 2025.
In response to comments received relating to the Section 38 application Clyne Common, please see below.
Ecology / BiodiversityThe impact on the ecology of the common will be kept to a minimum, and mitigation will take place prior to any works commencing. We will employ the services of an approved Ecologist, who will dictate measures that will be followed to ensure safe working methods.Swansea Council have worked closely with the local landowners, Ward Members, Local interest Groups, Gower Commoners Association, County Ecologists, Countryside and Conservation Officers, Public Rights of Way Officers, Highway Maintenance, British Horse Society and independent ecology consultants to inform the developing design to ensure the best and most appropriate solution was progressed and will be constructed sympathetically to the natural feel of the Common.
The scheme proposes to align the route behind existing tree outcrops, resulting in less vegetation clearance required, further minimising impact on the biodiversity and ecology of the common.SurfacingThe proposed Shared Use Path will be constructed sympathetically to the natural feel of the common and with as little impact to the natural environment as possible.
The material proposed for the surface of the shared-use path will reuse rubber recycled from used vehicle tyres previously earmarked for disposal in landfill, which is suitable for all users, including horse riders, and will allow the free draining of water. The company we are proposing to use for the surfacing is called Flexipave.
Their rubber surfacing and the polyurethane binder are totally inert once exposed to air and thoroughly mixed together. Also, no “leaching” of these materials takes place either, making Flexipave completely safe to work with.The material will reuse rubber recycled from approximately 24,000 used vehicle tyres previously earmarked for disposal in landfill, which, if burned, would have created 528,000kgs of CO2.
Route Alignment/Design amendments were discussed with Gower Commoners to address comments regarding the escape strip adjacent to the highway and its importance to remain. As a result, the proposals were amended whereby the Shared Use Path would traverse behind the existing stock proof fence, with the inclusion cycle grids and by-pass gates installed at either end to ensure the containment of livestock to the common.
The route is also proposed to be set behind tree outcrops as a way of screening from the highway.Cycle GridsThe inclusion of cycle grids have been introduced on the scheme due to the amended route alignment afore mentioned. Cycle grids are designed as a mechanism to prevent sheep and cattle escaping the common but allow the passage of cycles. A by-pass gate forms part of the installation for pedestrians. The gate is proposed to be self-closing to ensure the common is appropriately secured.Designated Use.
The majority of the route will permit the use of cycles and equestrians as it is dissected by a number of Bridleways.
Interaction with Livestock
The amended route afore mentioned will result in the Shared Use Path located behind the existing stock proof fence along the section between Mayals Road and Campion Gardens. As a result, there is potential that livestock may venture onto the path from time to time. The open aspect feel of the path will be in keeping with the area and minimise works on the common if it were to be contained. As is the case in many rural locations on Gower, livestock are free to roam.
Vehicles on Gower show consideration to these animals by reducing speeds and acting in a suitable manner. We envisage the same consideration would be displayed on the Shared Use Path by its users. Swansea promotes a ‘Share with Care’ culture, whereby pedestrians, dog walkers, mobility users and cyclists all share the same environments and act accordingly.
Drainage
No formal drainage is proposed as part of the scheme. The surfacing of the Shared Use Path is free draining, therefore rainfall will dissipate into the existing ground as it does currently. No drainage ditches are proposed, with all existing ditches remaining in-situ. If maintenance is required to existing ditches, this can be carried out as part of the works.
Impact on Grazing
Clyne Common, registered CL15, has a total area of 1858 Acres. The proposed Shared Use Path including reprofiling works amounting to 3.98 Acres. As a result, the impact upon loss of grazing on the common as a whole will be 0.2%.Order of limitationsIt has been claimed that the order of limitations provided with the application and made under Section 193 of the Law of Property Act 1925 provides that horse riding is an offence unless carried out on the bridlepaths shown coloured brown on the plan attached to the Order.
However, in fact the Schedule to the order of limitations states that:“without lawful authority no person shall in or upon the land:(i)Train, break in, exercise or ride horses, except on the bridlepaths shown coloured brown on the plan annexed hereto.”Any use by horse riders on the Shared Use Path would be “with lawful authority” of the owners of the land and would not fall foul of these limitations.
Status A question was asked in relation to the formal highway status of the Share Use Path being created and for assurances relating to use by horse riders. While it would have been the preference of the Council to adopt the Shared Use Path as a highway maintainable at the public expense and thus record the path on the Council’s record of adopted highways in the area, the Council understands that this would be difficult to achieve in practice.
Whilst the Council owns part of the land on which the Shared Use Path is to be constructed other sections would require deeds of dedication from the landowners in order to achieve adopted highway status made in accordance with Section 38 of the Highways Act 1980. In addition it is the Council’s understanding that the adoption as public highway would result in the loss of common land status as the land would no longer fall within Section 22 of the Commons Registration Act 1965. Therefore this is not likely to be a feasible option. Nevertheless the Council will maintain the path to a suitable standard for the relevant categories of user and it will be a condition of the licence with the Somerset Trust which covers the majority of land on which the path is proposed to be created that it keeps the path in good repair and condition.
It is now proposed that the path shall remain a permissive route.The Shared Use Path will permit equestrian use between Murton Green Road and Mayals Road as it crosses a number of Bridleways on the Common. Appropriate signage informing permitted usage will be installed.