Important News

"Lancs CC to TRO Green Lane nr Burnley"

- May 2003 -

Chapel House Rd/Green Lane can be found between Holme Chapel and the Long Causeway (where the large windmills are situated) south east of Burnley (LR103,SD 875286 via 880290 to 881298). I'm not sure what the reason to TRO is, but suspect the local nimby's - who have always objected to the lanes recent DMMO to BOAT- are behind it, and are possibly citing lane damage for a reason.

This is the second lane in as many months (see Flower Scar Lane below) that the local authorities are attempting to TRO in the Lancashire region. If you want to save what little there is left of Lancashires greenlanes then write and protest before the 2nd of June to (quote ref:TS/TRO/12/2GLC) :-

Environmental Director,Lancs County Council,Environmental Directorate,PO Box 9,Guild House,Cross Street,Preston.

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"DMMO to make Mastilles Lane a BOAT"

- April 2003 -

Mastilles Lane (LR98,SD 905656 to 975678) from Streetgate to Kilnsey is the most famous lane in the Yorkshire Dales. It was made into a Byway (BOAT) in 1995 but was subject to a challenge in the High Court, before this happened the Inspector died. All paries decided it was best to redo the proposed Map Modification from scratch - this is it.

If you have any documentary, photographic or other evidence to help support the Order, then write by the 27th May 2003 to ..

Bev Parker,Yorkshire Dales National Park Auth.,Colvend,Hebden Road,Grassington,Nr.Skipton,N.Yorks,BD23 5LB.

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"Proposal to close Flower Scar Road (Lancashire)"

- April 2003 -

Flower Scar Road (LR103,SD 888247 to 912251) is a green lane which runs between Cornholme and Sharneyford (on the Todmorden to Bacup road). As well as being an unsurfaced road over which you are allowed to drive a vehicle; it is also a route which provides a shortcut between Cornholme and Bacup. If Flower Scar Road were not legally accessible, you would have a much longer drive through what can be a very congested Todmorden town centre. It is believed the council are only TROing it to avoid the problem of flytipping on the lane, which is hardly addressing the problem!

Please object to this proposed TRO in writing by the 25th April 2003 quoting reference YHDOT A4710/41/39/1 to ..

Government Office for Yorkshire & Humber, Regional Planning, Transport & Environmental Team, PO Box 213, City House, New Station St., Leeds, LS1 4US.

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"Lake District greenlane ban experiment"

- March 2003 -

Gatesgarth Pass is a UUCR/BOAT from Sadgill to Haweswater, a temporary TRO has ended which was to allow the repair work to washed out regions on the top and the Longsleddale sides to stabilize.

The Lake District National Park Authority claim the TRO was flouted by User groups and they want a new Experimental TRO to see what effect banning vehicular users has on the Pass. (Ed: This is starting to sound all too familiar .. see below).

User groups are of the opinion that an 'Experimental' TRO of this kind is illegal and goes against the goodwill generated by the Hierarchy of Trail Routes (HoTR) initiative. They are also fearful it may lead to a permanent TRO.

LARA's proposal is to make it a 'No use' HoTR lane whilst shorter term analysis of the effect of vehicular use has on the lanes condition, and to check out the reliability of the data logging (vehicle counter) equipment.


UPDATE: The TRO was confirmed in March, it will last for 18 months with a review after 6 months to consider use under a 'permit' scheme!

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"Yorkshire Dales greenlanes ban experiment"

- January 2003 -

North Yorkshire County Council are to TRO 4 Yorkshire Dales lanes in an experiment to see what effect banning vehicles has on the condition of lanes.

The lanes are Mastiles Lane(nr Malham), Long Lane(Clapham to Sulber Nick), the Horsehead & Foxup Roads (see below) and Top Mere Road (north of Kettlewell).

There has been large scale opposition to this from User groups, though the County Council and National Park are trying to rubbish the protestors as organised bandwagon jumpers !

What this ban is expected to achieve is beyond me - nothing that couldn't have been learnt from the foot and mouth ban in my opinion .. it all smacks of the NP's anti greenlaning attitude !!

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"Foxup Road - DMMO"

- December 2002 -

Foxup Road (Map98 SD809724 to 873767) (see below), The YDNPA PRoW Committee has considered the DMMO, they say ..

"Having taken into account all the information submitted, and having
regard to the advice contained in the DoE Circular 2/93 and Planning
lnspectorate guidance, the Committee found that the evidence in support
was not sufficient to make a Map Modification Order upgrading the
route to a Byway Open to All Traffic. The route will therefore remain
bridleway, (with the missing section in Halton Gill Parish to be added
by Map Modification Order).
We also intend to discuss with local police officers how section 34
of the Road Traffic Act 1988 can be enforced on this bridleway.

Based on the research and evidence presently available to it, the
Authority is satisfied that the route has no higher status than bridleway,
and it is on this basis that these actions are being proposed."

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"Walna Scar Road - TRO"

- Sept 2002 -

Walna Scar Road (west of Coniston in the Lake District) has been TRO'd (Traffic Regulation Order - no motorised vehicles allowed to travel on it !) This will last until 1st January 2003 whilst repairs are carried out.

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"Foxup Road - DMMO"

- August 2002 -

Foxup Road (Map98 SD809724 to 873767) in the Yorkshire Dales has been proposed for a DMMO (Definitive Map Modification Order) to BOAT, If you have any supporting evidence for this then (by 15th Sept 2002) contact:

Bev Parker,YDNPA,Colvend,Hebden Rd,Grassington,BD23 5LB.

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"The End of Greenlaning ?"

- we're up against it now-

Apart from the possible future implications of the CROW 2000 Bill (see below) where we may be banned from using Dual Status UCRs, it seems that our National Parks have also been at hard at work to put an end to our hobby.

In January 2002 in the Peak District 'No vehicular Access' signs have appeared on several long term lanes west of Ladybower Rsvr - the police have been booking trailriders on these routes. These are not 'official' TRO signs and some lanes are UCRs - I think the police are booking Users without knowing the real status of the lanes .. but as a User would you plead not guilty, go to court, risk losing and possibly have to pay substantial court costs!

By amazing coincidence on Tuesday 29th January 2002, North Yorkshire County Council voted in favour of applying blanket TROs to greenlanes in the Dales if and when they please on the grounds of 'quietude' - the new YDNPA/NYCC buzzword !.
Take a look at the Ancient Roads Conservation Volunteers website for a bit more info .. http://www.limb.demon.co.uk

Even applications for Definitive Map Modification Orders (DMMO) to upgrade lanes to Byway (BOATs) - our only hope of continuing to use Dual Status UCRs once the CROW 2000 Bill becomes a reality, have not escaped the devious attentions of the National Parks .. a recent example contained a questionaire for Users to state percentage of use by 'vehicles, horseriders, cyclists and walkers' in an attempt to get us to unwittingly state 'majority vehicular use' when a BOATs definition is that it is 'mainly used as a footpath or bridleway.'

BE ON YOUR GUARD !!

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"Countryside and Rights of Way Bill (CRoW 2000 Act) affecting Vehicular Rights of Way"

-A Laymans guide-

Updated 26th April 2001

Remember the 'Right to Roam' on heath, moorland ... etc etc .. this was part of the CRoW 2000 Bill. Landowners were not very happy about this, they lobbied against it and to pacify them amendments were added to it.

This was nodded through the House of Lords at the end of November, the amendment that affects us is 34A ..

"34A.--(1) Where a person is charged with an offence under section 34 of this
Act in respect of the driving of any vehicle, it is open to that person to
prove under subsection (2) of that section that a way shown in a definitive
map and statement as a footpath, bridleway or restricted byway is not a way
of the kind shown only--
(a) if he proves to the satisfaction of the court--
(i) that he was a person interested in any land and that the driving of the
vehicle by him was reasonably necessary to obtain access to the land,
(ii) that the driving of the vehicle by him was reasonably necessary to
obtain access to any land, and was for the purpose of obtaining access to
the land as a lawful visitor, or
(iii) that the driving of the vehicle by him was reasonably necessary for
the purposes of any business, trade or profession .... "

The bad news ...

My understanding is that it becomes an offence to drive a vehicle on a Definitive Map footpath or bridleway (regardless of the fact that the way may have higher rights ie may be a dual status Unmetalled Unclassified County Road or other historical vehicular rights). This last minute amendment has no clear logic to it - it is only hastily thrown in to keep to landowners from complaining about the 'right to roam' but as usual it is the minority users, the disabled, the sensible greenlaner (who has spent countless hours helping to maintain these lanes for the benefit for all users) who suffers. Also Roads Used as Public Paths (RUPPs) will be renamed as Restricted Byways which will not have vehicular rights !

 

The good news ...

The CRoW 2000 Bill came into effect on 1st February 2001 but because of the way laws have to be introduced, Section 34A can only be inserted into the 1984 Road Traffic Act by Statutory Instrument which can often take a long time, for instance the offence of parking on the pavement was introduced over 16 years ago and is still waiting to be officially made law by Statutory Instrument - sometimes it seems these laws never come into effect ! Even then we can apply to make definitive map modification orders (DMMO) under Section 53(2) of the Wildlife and Countryside Act, which is going to keep a lot of RoW departments very busy !

It looks like things are at a status quo at the moment, though this could change at any time, so this could in future affect advice and information found within the webpages of this website. Info on 'Where to drive' and 'Routes' may soon change and therefore cannot neccessarily be taken for granted so proceed with caution.

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