Pensioner fell into 'sea of mud' on Somerset footpath

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A Somerset pensioner has demanded greater action on rural footpaths after falling into a "sea of mud" near his homes.

Paul Partington, who lives in Bishop's Lydeard near Taunton, has been volunteering for many years on Somerset's public rights of way networks, helping to keep large sections of the countryside open and accessible to the general public.

Mr Partington, 78, told a full council meeting in Bridgwater on Wednesday afternoon (July 15) that he had experienced significant issues accessing local paths in the last four months, claiming that his reports of obstructions were being ignored by council officers.

Somerset Council said it only had limited powers to address the issues across the network but would ensure that any public reports were taken seriously.

Mr Partington suffers from osteoporosis in his hips and is by his own admission "unsteady on his feet" - though he continues to regularly take part in swimming competitions across the south west.

Footpath leading from Bishop's Lydeard over the West Somerset Railway line (Image: Somerset Council)

Before his health declined, he cleared numerous paths in Bishop's Lydeard and Cothelstone, as well as tidying up signposts, disposing of unwanted vegetation and building connections with landowners to enable greater public access to the Quantock Hills national landscape (formerly area of outstanding natural beauty, or AONB).

As late as last year, he helped to clear a fallen tree which blocked the public footpath leading from Bishop's Lydeard over the West Somerset Railway heritage line toward Ash Priors.

He told the full council: "On February 16, I struggled to cross a stile that was on a non-definitive footpath that bypassed the obstructions of a footpath near Bickenhall.

"It took some time to eventually cross the stile, but I became very cold. Is it coincidence that I developed a heavy cold followed by a chest infection?

"On March 13, I fell into a sea of mud on a non-definitive footpath that bypasses the obstructions of a footpath in Cotford St Luke.

Footpath near Tithill Lane in Cotford St. Luke (Image: Somerset Council)

"I reported it and was told: 'there is no issue Paul. Do not log this again'."

Under Section 130 of the Highways Act 1980, the council has a duty to ensure public rights of way on the 'definitive map' - which plots every confirmed footpath and bridleway in the entire county.

However, it has no legal power to prevent the obstruction either of permissive paths (such as the Strawberry Line, where access is secured through a long-term lease with the landowner) or paths on private land not on the map - including diversions from confirmed paths.

Landowners having paths on their land which are not marked on the definitive map can closed them without warning - even if such paths form a diversion from a reported obstruction.

Mr Partington said: "Obstruction issues reported by the public are shown on the map as 'resolved' when there is a path not shown on the definitive map that will bypasses the obstruction.

"Will the council cease stating such issues are resolved when there is a non-definitive route bypassing the obstruction?

"When the council fails to carry out its statutory duties, is it sending the wrong message to the small minority of landowners who may think it is okay to knowingly obstruct a public right of way (i.e. the council will take no action if a public right of way is obstructed)?"

Councillor Richard Wilkins, portfolio holder for highways and transport, thanked Mr Partington for his work as a volunteer and admitted that there were "some issues" within the council's rights of way service which needed to be addressed.

Mr Wilkins - who represents the Curry Rivel and Langport division - said: "Thank you you for all your volunteering contributions in the past and present, especially in in relation to our public rights of way network.

"This is very much appreciated and something we continue to encourage with individuals, parish councils and other groups - it was great to meet you over in Halse the other day.

Councillor Richard Wilkins, portfolio holder for highways and transport (Image: Somerset Council)

"In certain circumstances, the council will have legal powers over footpaths and bridleways over private land not shown on the definitive map - but where we exercise those powers will depend on the facts of each case.

"The rights of way service acknowledges that there are some issues that have been inadvertently closed due to there being no practical, day-to-day issue on the ground; however, an underlying path alignment issue may persist.

"Where such closed issues are brought to our attention, as in this instance, they will be reviewed and their status amended as necessary. Our rights of way staff will be reminded of this with regard to the management of those reported issues."

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