Bradley Lane: victory at last

After two public inquiries and a high court challenge to the decision (made twice) by the Planning Inspectorate that Bradley Lane, Pilsley is a bridleway, the battle to save this lane from off-roading is finally won. Mr Justice Collins has dismissed the legal challenge from the Trail Riders Fellowship. If you see 4x4s or motor bikes using the lane please email PC Andy Wordsworth at Bakewell Police Station. The two public inquiries were fought by PDGLA with support from Peak Horsepower and local residents.

Four years on – things to celebrate

PDGLA was set up four years ago this month. This is a roundup of successes so far.

The first thing we achieved was to persuade the Peak Park to change its stance on off-roading and to start using Traffic Regulation Orders (TROs). PDNPA has now put in place TROs permanently banning vehicles from Long Causeway, The Roych, Chapel Gate and Leys Lane. In the process PDNPA withstood aggressive and in some cases highly personal campaigning from off-roading organisations. We supported each TRO, provided evidence and encouraged large numbers of people to take part in the TRO consultations. We congratulate PDNPA for its efforts and for standing its ground. We look forward to further Peak Park TROs wherever they are necessary.

We have researched, and continue to research, the historic rights of way on lanes claimed as BOATs in the Peak District. Wherever there are no historic vehicle rights we work with local residents, walkers and horse riders to see if a BOAT claim based on modern use by motor vehicles can be opposed. We fight BOAT claims wherever there is a realistic chance of defeating them at a public inquiry. There are usually two or three inquiries each year.

So far we have taken part in six inquiries, between them covering eight lanes. We lost on Jacob’s Ladder (Stoney Middleton) and on Mill Lane ( Eyam) both of which are now BOATs. But we won on Bradley Lane (Pilsley and Hassop), twice*, and on Black Harry Lane (Stoney Middleton and Grt Longstone). The Inquiry Inspector decided that both are bridleways. We succeeded in making Pretty Wood (Eyam) a dead end for 4x4s and motor bikes and we took part in the inquiry which decided that Green Lane (Bonsall and Ibble) is a bridleway. We also helped secure Blackberry Lane (Grindlow and Foolow) as a restricted byway.
Working nationally with other organisations we have got off-roading back onto the political agenda. The government is now committed to full public consultation on the use of green lanes by motor vehicles and a change in the law is has become a real prospect.
The Derbyshire Police, when we first got going, were not taking any effective action against illegal off-roading (ie off-roading on footpaths, bridleways and restricted byways). The are now committed to enforcing the Peak Park TROs and say they will prosecute offenders.
We have raised the profile of off-roading as an issue nationally and have taken part in three BBC programmes. The latest was an item on Radio 4′s You and Yours earlier this month.
Derbyshire County Council remains a problem. It is at least researching and deciding what public rights of way exist on green lanes which are neither footpath or bridleway (only two highway authorities are bothering to do this). This gives us the chance of opposing and defeating some BOAT claims. But they still flatly refuse to use their own TRO powers to stop motor vehicles using any green lane in Derbyshire, even where it is clear that there is need for one. They say they are afraid of legal challenges from the off-roading organisations.
We are now engaging with Staffordshire CC as well as with Derbyshire. This highway authority wrongly believed that all unclassified highways which are unsealed (ie no tarmac) have motor vehicle rights.

Pretty Wood now a dead end for vehicles

Following another public inquiry held this autumn, Pretty Wood in Eyam is now a dead end for motor vehicles. This is because the Inquiry decided that the track which continued from Pretty Wood in the Stoke direction is a Restricted Byway (no motor vehicles allowed) and that other track which joins Pretty Wood is a Footpath.

Black Harry Lane vicotry

Black Harry Lane, Longstone Edge area, has been confirmed as a bridleway following a recent public inquiry into the BOAT claim on the lane. PDGLA convinced the Inquiry Inspector a) that the route is historically a bridleway and b) that its use by off-road vehicles during the critical 20 years prior to the BOAT claim was both insufficient to establish a right of way for vehicles and had been possible only by destroying walls and winching out boulders put on the lane by landowners to try and prevent vehicle use.

Motor vehicles banned from Leys Lane

The Peak Park decided on 7 November to use a Traffic Regulation Order to permanently exclude all motor vehicles from Leys Lane in Great Longstone. It was the campaign to save this lane from off-roading which paved the way for the formation of PDGLA. The campaign was also featured in the BBC documentary about off-roading in the National Park. Four Lanes have now been protected by PDNPA (the Roych, Long Causeway, Chapel Gate and now Leys Lane). We will continue to press PDNPA to use Traffic Regulation Orders wherever they are necessary to restore amenity and access for non-vehicle users or to protect the natural beauty of the National Park.

House of Lords

There was a debate in the House of Lords on motor vehicle use of green lanes on 28 October. The debate was on an amendment to the Deregulation Bill which if accepted will require the Secretary of State for the Environment to report to Parliament within a year of the passage of the Bill on whether the law should continue to permit the use of unsealed highways by motor vehicles. You can read the full text of the debate on page 9 of Hansard.

Wales has problems too

There are problems with motor vehicle use of green lanes in Wales as well as in England. The area around Llangollen is badly affected and a group there has been campaigning against off-roading for some time. Problems include destroyed surfaces, damage to adjacent moorland, noise pollution, anti-social behaviour and danger to non-vehicle users. You can find out more in our October newsletter.

Please sign green lanes petition

An online petition has been launched by a supporter calling on government to change the law so as to stop motor vehicles using green lanes. Please sign it and please forward it to friends and contacts.

Long Causeway finally closed to motor vehicles

The long awaited Peak Park Traffic Regulation Order excluding all types of motor vehicle from Long Causeway is now in place. It came in on 18 September. The causeway has also been fully repaired and is once again a wonderful route for walkers and horse riders. It can also be used by cyclists and horse-drawn carriages. But if you see any 4x4s or motor bikes please report them to the Police by calling 101. Congratulations to the Peak Park for its determination to protect this superb route.

Bradley Lane victory challenged

We reported that Bradley Lane, Pilsley had been saved and was to become a bridleway. Now the Trail Riders Fellowship motor bike group has launched a High Court challenge to the Planning Inspector’s decision. The grounds for the challenge seem to be nothing more than that the TRF doesn’t agree with the Inspector – ie there appear to be no actual points of law at issue. We will keep you posted.