Caerphilly Council approve even larger metal gates over our public right of way

 On 8 April 2026, Caerphilly County Borough Council Planning Committee voted to approve a widening of the south entrance (current south entrance in image) and even larger 6.5m gates across our public right of way, Llanfedw FP1, which goes through the Ruperra Castle grounds.

It also granted permission for two pedestrian entrances to be made in a grade 2 listed wall in the hope that the right of way will be diverted. Smaller open pedestrian entrances next to a large gated entrance have already proven to be a psychological deterrent to a public right of way as in the legal case of Herrick vs Kidner.

Planning Policy Wales (PPW) 2024 defines PROWs as green infrastructure and states that the planning system must protect the provision of green infrastructure.

The owner of the castle has applied to move our right of way Llanfedw FP1 which goes close to the castle (ABC in image below), to the edge of the property, behind the horse menage which would take it 60m or so away from Ruperra Castle behind fencing and horse jumps, reducing our ability to enjoy spectacular views (DEC in image below).

13 months ago on 27 March 2025 a Caerphilly Right of Way Cabinet Committee decided to make an order to divert the right of way, despite objections from the Ruperra Castle Preservation Trust and the Open Spaces Society.  Once the order is made, a 28 day public consultation will start which will allow us all to have our say on the proposed route.

Any objections to the order will mean it is passed to a Welsh Government Planning Inspector to take an independent view on whether to confirm the order.

The order was decided with no detailed plans of how the right of way would be constructed on very steep banking, despite the equality impact assessment stating that detailed plans were provided. A line on a map showed it going over the route of several trees which is part of a corridor for protected Greater Horseshoe Bats in the Site of Special Scientific Interest.

As part of these planning conditions the owner was advised, “The applicant is reminded that it is an offence to obstruct a public right of way. There are three public rights of way in the area of this application, one of which, Footpath 1 Llanfedw, is obstructed. The planning permission does not authorise the stopping up or diversion of the public rights of way. The public rights of way may be stopped up or diverted by Order under section 257 of the Town and Country Planning Act 1990, provided that the order is made before the development is carried out. As the public right of way is currently obstructed any Order cannot proceed until the obstruction is removed. Should the applicant require further information regarding their responsibilities to the Public Right of Way, they are requested to contact the Rights of Way Officer.”

We have asked for an update on when the order to divert the right of way will be made and why it is taking such a long time. The advisory note above suggests that the illegal metal gates obstructing the right of way will finally be removed so that the order can be made.

You can read the full report and support documents on the Caerphilly Planning Portal by searching ​24/0896/FULL.