An eroded section of Chapel Gate
A judge has quashed an order banning off-roaders from a Peak District track.
The national park authority has had an experimental order in place for 15 months on Chapel Gate, which runs between Edale and Chapel-en-le-Frith.
But the Trail Riders’ Fellowship, a pressure group for trail motorbikers, successfully challenged the order in the High Court. The ban had a further three months to run.
High Court Judge Mr Justice Ouseley ruled that the precise wording used in the reasons for the order did not reflect fully the experiment being carried out and so quashed the order.
The Peak District National Park Authority made the order, excluding motorised traffic from the 3km track which skirts Rushup Edge, in August last year.
The judge found in the authority’s favour on five other points the Trail Riders raised.
He rejected claims that the order was not a genuine experiment and was irrational or unlawful and that it was made to avoid the procedure for making a permanent traffic regulation order.
He also dismissed the off-roaders’ arguments that the condition of the route and the cost of repairing it couldn’t be used as grounds to consider an experiment, that the authority should have separately considered the needs of two and four-wheeled vehicles and it was obliged to undertake the least restrictive form of experiment.
Christopher Pennell, chair of the authority’s audit, resources and performance committee, said: “We are disappointed that the order has been overturned.
“But we are pleased that the judge upheld our key arguments that the experimental traffic regulation order was a genuine experiment intended to assess the impact of 4×4s and trail bikes on the route at Chapel Gate.
“We do now have 15 months of evidence that we have gathered during the closure to assess what course of action to take on this route in the future.
“We will take time to reflect fully on the legal judgement and the evidence gained to consider whether further restrictions are needed or not.”
The national park authority said despite the order being lifted monitoring of the route at Chapel Gate will continue.
A report about the judgement and responses to it will be considered by members of the authority’s audit, resources and performance committee on 25 January.
The committee said it made its decision to introduce an experimental ban on vehicles after considering evidence that deep vehicle ruts, mud, water and exposed rocks were deterring walkers, cyclists and horse-riders, and erosion had widened up to 12m as people deviated on to surrounding land with fragile wildlife habitats.
The route crosses a landscape of international importance for its wildlife and natural beauty, including a special area of conservation, a special protection area and a site of special scientific interest.
Law Abiding Trail Rider
30 November 2012Please stop using the term "Off-roader" in this context. Chapel Gate is a road so using it cannot be termed in such a way.
The Peak Park is using underhand tactics to exclude legitimate use of this and many other unsurfaced routes in the area and the High Court is right to stamp on this abuse.
Park ranger
30 November 2012Keep off our moors
Law Abiding Trail Rider
30 November 2012Whose moors?
Chapel Gate is a road so what's your point?
John
01 December 2012If it's a road then you should be able to drive, say, a Nissan Micra, a mobility scooter, or a London bus along it. The fact you need an "off-road" vehicle to drive it suggests that it's not a road as most people would understand it.
The legal designation of a road dates back to the days of horse and cart and ought not to apply to motorised vehicles in this context.
Park ranger
01 December 2012Vehicles should not be driving across moorland cutting up the tracks. If it's a road any vehicle should be abke to use it and the highways agency should be responsible for maintaining it. Absolutely appalling behaviour by 4x4 drivers
Paul O
01 December 2012@ Park Ranger. Who's moors? Your own land? Or the land designated for ALL as a result of the Kinder Trespass.
Chapelgate is actually a BOAT, but as with any unsealed road it is for the driver to determine if their vehicle is suitable.
@John - so if we follow your principle, then the 3000+KM of footpaths should therefore be accessible to wheelchair users - because they are footpaths?
3000+km of Rights of Way for walkers to enjoy, 30km of byways for vehicle users to enjoy. Hardly fair and is not in the spirit of the statutory purpose.
But wait, you're going to quote the Sandford Principle : "National Park Authorities can do much to reconcile public enjoyment with the preservation of natural beauty by good planning and management and the main emphasis must continue to be on this approach wherever possible. But even so, there will be situations where the two purposes are irreconcilable... Where this happens, priority must be given to the conservation of natural beauty."
If the route was surfaced using natural stone, alongside modern materials (like sections of Roych - emphasis on sections) then the minoritory of routes left could easily meet this principle.
Trouble is, you guys don't want access for all
OutdoorsAndy
01 December 2012John and Park Ranger, totally agree!
Law Abiding Trail Rider- sorry to say, I guess your minority is spoiling it for the majority!
The increase of trail bikes using paths is very concerning and causing much damage to tracks and trails, all but ruining their use for others. This is clearly not a road as any lay person would describe it. The report discussing errsion and track damage says it all really.
I have symathy with you though, as its your passion and you enjoy it. However, we are a small very populated island it the room for such activities is limited.
stigofthenest
01 December 2012there are plenty of solid - stony green lanes about that the 4x4 community can use, the thing is - in my experience, a lot of some offroaders fun is derived from purposely getting stuck and having their mates winch pull them out.. with much accompanying wheel spinning, its fair to say the damage is pretty horrendous. some areas in north wales are almost un-navigable because of it.. i think if the 4x4 community educated the moron minority in their midst there would be far more tolerance of their hobby.
Law Abiding Trail Rider
01 December 2012It is indeed a road and it is open to ALL traffic that wishes to use it. Also, the Highway Authority has a duty to maintain it. That maintenance has included destroying the hard naturally draining surface in 1991 by tarmacing it and then absolutely nothing more until 2010. By that time the surface had been washed away and cut out by water torrents that left channels over 2 feet deep.
Show me any tarmaced main road that could sustain that level of systematic neglect by the highway authority.
I don't recall any other user groups asking the highway authority to do their duty and maintain it in the interim period. Just stood around moaning about people using a road, probably.
Dickoh
01 December 2012By John's logic, if it's a footpath you should be able to walk along it in bare feet!
Those knobbly-soled walking boots and pointy sticks damage the surface, don'tcha know!
Margaret
03 December 2012As a pedal cycle is classed as a vehicle - how do they fit in to the debate?
Steve
03 December 2012I'm not a 4x4 driver nor am I a trail rider and I sometimes see a mess in the hills that could be attributed to those groups. I also see erosion that is can only be attributed to walkers.
In view of these observations I feel the real issue lies with the highways authority. If a route is designated as a BOAT, then the maintenance carried out on the route should reflect that. Simply closing a BOAT to vehicular traffic and watching what happens is not the required maintenance. Proper maintenance of a BOAT will benefit all its users
Mountain biker
03 December 2012They don't as the debate is about motorised vehicles. There's only one way you can actually ride it and that's from rush up edge to the mam nick road lower down. Due to erosion on steep bit you have to ride down the steep bit on left. Riding up that bit is too hard, certainly for me.
Margaret
04 December 2012So, Mountain biker, have cyclist changed the designation of bicycles? Erosion is also caused by cyclists.