Following a public inquiry into a BOAT claim on the route between Upperdale and the hamlet ofBrushfield, the Planning Inspectorate has rejected the BOAT claim on the route and decidedit is a bridleway. There may be objections from offroaders which could trigger a second inquiry, so it is not all over yet.
Martins Lane and Stockmoor Lane in Wingerworth are now bridleways. Motor vehicle rights both lanes were claimed by the Trail Riders Fellowship, the motor biking lobby, but their claimshave failed. PDGLA researches showed there were no historic public vehicle rights of way on either lane. At the same time, local residents, walkers and horse riders who had known the lane for many years were able to disprove claims made by motor bikers that they had used the lane for the 20 year period necessary under highway law to establish motor vehicle rights. Well done Wingerworth!
A Peak Park Ranger who saw motor vehicles illegally using Long Causeway, in breach ofthe Traffic Regulation Order banning all motor vehicles from the route, has been assaulted by one of the drivers. The Ranger was able to make a note of the registration number and reported the incident to the Police. He was assisted by local runners who had confrontedthe vehicles before the assault and by a mountain biker who had also taken photographs on her mobile phone. We arepleased to report that he was not badly hurt. We hope there will be a prosecution.
The Peak Park Authority has decided to consult on a Traffic Regulation Order (TRO) for Washgate. This is an old pack horse route crossing the Derbyshire/Staffordshire border. We will letyou know when the public stage of the consultation process is announced. Meanwhile we will be arguing for a permanent TRO excluding motor vehicles at all times.
BBC Countryfile has been filming inDerbyshire and will broadcast an item on offroading on 12 April. They filmed the Brushfield route, which starts at Upperdale, near Monsal Head. They also filmed in Wiltshire, which has more miles of Byway of Open to All Traffic than any other county.
The Peak Park is to consult on two furtherTraffic Regulation Orders (TROs). These will be for Washgate, which straddles the Derbyshire/Staffordshire border, and Derby Lane, Monyash. We will let you know when the public consultation starts. The TROs already in place are working well. There is some illegal use, which the Police are tryingto deal with.
The work we have been doing over the last 18 months on theDeregulation Bill has paid off. We have not got the Bill amended to protect green lanes (we never expected to achieve this). But the tactic of repeatedly tabling an amendment calling for government action, and threatening to interfere with the smooth passage of the Bill by dividing the House if we did not get it, has worked. New legislation to protect green lanes is back on the political agenda.
The government has a) acknowledged that there is a problem, b) has accepted that something must be done about it, c) has agreed to set up a motor vehicles working group to advise it, and d) has said there will be full public consultation after the group has reported.
The group will be set up ‘on completion of the passage of the Bill’. We take this to mean early this year. We pressed for this, for the group to have a limited life (18 months has been agreed), to be free to produce majority and minority reports if necessary rather than having to reach a consensus, and to include representation from the National Parks, the Areas of Outstanding Natural Beauty and the National Trails.
The working group will have an independent Chair and a secretariat organised by Defra and Natural England, ‘will contain a balance of interests across all sectors’, ‘representatives of users of rights of way’, will set its own terms of reference, and ‘will be expected to look at all the issues in the round and include assessments any economic and social benefits of the current use of unsealed roads as well as an assessment of costs and burdens’.
We have been working with the Green Lanes Protection Group (GLPG) on the Bill. PDGLA is a member of GLPG and we expect GLPG to be represented on the working group.
After two public inquiries and ahighcourt 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 firstname.lastname@example.org . The twopublic inquiries were fought by PDGLA with support from Peak Horsepower and local residents.
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.
l challenges from the off-roading organisations.
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 trackwhich continued from Pretty Wood in the Stoke direction is a Restricted Byway (no motor vehicles allowed) and that the other connecting routeis a Footpath.