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Knights Solicitors have secured an early High Court victory to protect Walna Scar, an important fell pass between Coniston and Seathwaite, from damage by Off-Roaders.
Knights acted for the Green Lanes Protection Group when a planning inspector found in favour of trail riders who disputed a decision to allow access to horse-drawn but not motorized vehicles.
Walna Scar Pass, between Coniston and Seathwaite in the Lake District, has been a battle ground between off-roaders and the public since 2005, when the Trail Riders Fellowship applied to upgrade it from a bridleway to a byway open to all traffic (“BOAT”). The effect of the application would be to open the historic Walna Scar Road to the public in 4WDs and on trail bikes, causing environmental damage and danger to pedestrian and equestrian users.
The Lake District National Park Authority disagreed that Walna Scar Road should be a “BOAT” and in 2007 made an order for a restricted byway, which would allow horse-drawn, but not motorised, vehicles to use it. The TRF objected and protracted inquiry proceedings followed. The Green Lanes Protection Group (“GLPG”) entered the fray, but an Inspector found in favour of the Trail Riders.
Knights Solicitors acted for Graham Plumbe, Vice Chairman of GLPG, in a High Court challenge to the Inspector’s decision. The Secretary of State for the Environment, Food and Rural Affairs, who had appointed the Inspector, conceded the claim at the earliest opportunity and the High Court reversed the Inspector’s decision. Walna Scar Road is now a bridleway again and it is a criminal offence to drive 4WDs and trail bikes along it.
James Pavey, the partner of Knights who acted for Graham Plumbe, specialises in Rights of Way and Public Access. He said: “This is proof positive that land-owners and those engaged with rural rights of way can, and should, stand up to pressure from trail riding groups who want to upgrade green lanes to vehicular byways. Public safety and the environmental damage caused by off-road vehicles were at the heart of this appeal. We were able to achieve a swift and decisive result, without the cost to our client and to the public purse of a three-day High Court hearing.”
Graham Plumbe said: “These off-road vehicles have been a nuisance since they first started hill climbing competitively in 1917 and have few supporters locally. This is an important fell pass, used extensively by walkers to access Coniston Old Man. Sorting out the question of rights has been a battle since the law was radically changed in May 2006, but the position now is that the track is a bridleway and motorised use can be prosecuted by the police. The National Park will have to make a new order in due course but, given the amount of historical evidence that has been gathered, it is now extremely unlikely that motor vehicles will gain acceptance in the future. It is understood that special arrangements for the Coniston Mountain Rescue Team can be made." |
