Winchester College and Humphrey Feeds Ltd, represented by Knights, have won an appeal at the Court of Appeal in which they have sought to protect Twyford Down from damage by off-roaders.

Winchester College owns the land at Twyford Down where Hockley Golf Club is based. Humphrey Feeds Ltd is a local animal feed producer, which owns neighbouring farm land. Both were concerned that Hampshire County Council’s Order to recognise vehicular rights on a byway over the Down would lead to significant local environmental damage. The Court of Appeal, in a judgment that has nationwide implications, has said that the vehicular rights at Twyford were extinguished by the Natural Environment and Rural Communities Act 2006.

The 2006 Act sought to extinguish historic rights for vehicles that had long fallen out of use. Frequently, these rights had last been exercised by horse and cart in the 19th century. However, until the 2006 Act, 19th century use by horse and cart meant that the ways could today be lawfully used by 4x4s, motorbikes and quadbikes. In passing the 2006 Act, Parliament sought to address this anomaly. The case before the Court of Appeal involved the interpretation of the 2006 Act.

In anticipation of the 2006 Act, off-roaders made hundreds of applications to recognise motorised vehicle rights across England and Wales. Under the Act, if such an application was made or decided before a certain date, then vehicle rights would be saved. The question before the Court of Appeal was what qualified as such an application, so that it would preserve the vehicle rights?

In November 2007, the High Court found in this test case that the applications to Hampshire County Council did qualify. The Court of Appeal disagreed. The wider result is that many hundreds of applications in England and Wales can be taken by local authorities not to have saved access for off-roaders along green lanes. Local environment damage will be avoided, and riders and walkers will be able to use them more safely as a result.