Park tries again in long battle to ban off-roaders from lane

The Peak District National Park Authority has been embroiled in a two-year legal wrangle and suffered a massive setback last year when the High Court sided with a protest group.

But at a meeting tomorrow, the authority is set to publish new proposals on a specific lane, Chapel Gate which, if successful, could pave the way for new bans in the Peak District and elsewhere.

A “major demonstration” by the Peaks and Derbyshire Vehicle Users’ Group is planned to take place outside the authority’s offices in Bakewell prior to the meeting.

Back in June 2011, bosses at the national park authority made an experimental traffic order (ETO) which banned motor vehicles from Chapel Gate for an initial period of 18 months.

There were concerns that the trail was becoming deeply eroded by vehicles such as quad bikes and 4x4s, making it dangerous for horse riders, hikers and mountain bikers to use.

Monitoring by the Peak District National Park Authority between September 2011 and October 2012 found that implementing the ETO resulted in an “overall beneficial impact on the natural beauty and amenity of the area”.

However, the ETO was quashed in November last year after a successful High Court challenge by the Trail Riders’ Fellowship (TRF).

The group, which had organised a series of protests over the traffic order, said that shutting Chapel Gate to motorised vehicles took away centuries-old rights.

The group also says that just two per cent of routes within the national park are open to vehicles, and should remain so.

Coming down on the side of the TRF, the High Court found that the Peak District National Park Authority had sought “to circumvent the proper procedures for making a permanent traffic regulation order”.

It also said the authority had failed to adopt the “least restrictive” form of experimental order.

As a result, Chapel Gate was reopened to motorised vehicles in November 2012. Now, though, the authority plans to press ahead with plans to make a permanent traffic regulation order (TRO).

In a report set to go before tomorrow’s meeting, rights of way officer Sue Smith says that the authority will “carefully heed” the High Court order, as it “gives guidance as to the need for the authority to be explicit in its proposals”.

Ms Smith goes on to say: “It is considered that the continued use by mechanically-propelled vehicles (MPVs) on this route would have an adverse impact on the significant ecological, archaeological and landscape interests, the amenity and recreational value of the area and the special characteristics of the route.

“To address this, a form of traffic regulation order which prohibits MPV use is considered appropriate.”

A spokesman from the TRF said yesterday: “We regret having to take legal action but it is important that authorities follow the law of the land.

“If they do not, someone needs to point this out and, where necessary, follow this up with appropriate legal action on behalf of the public at large.”

TROs have previously been successfully implemented elsewhere. In the Yorkshire Dales such orders were imposed on 11 “green lanes” in 2010.

Meanwhile, the Peak District National Park Authority yesterday welcomed the Planning Inspectorate’s rejection of an appeal over the proposed redevelopment of a former cheese factory in Hartington.

Chesterfield developers Cathelco had applied to build 39 houses, business units and a car park on the former Dairy Crest site.

The proposal was refused by the authority’s planning committee in January 2012 and an appeal against this decision has now been rejected.

Coun Lesley Roberts said: “While we and most villagers appreciate that some redevelopment needs to take place on that site, the scale and design needs to be reconsidered.”