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The Ramblers - Derbyshire Dales Group

Off-roaders

Noise at all hours of the day and night, mud covered roads and unwalkable paths. The result of uncontrolled off-roaders.

If you want to see an example of the impact of off-roaders visit Pilsley village, near Chatsworth, where the access to a popular off-road route runs through the village. The damage to the unsurfaced track caused by recreational motor vehicles is compounded by the impact of the associated noise and mud in the village

The Peak District National Park Authority (PDNPA) has decided that it should be encouraging more active leisure within the Park. Their draft policy proposes that this active leisure should include off-road motor vehicles, using a voluntary code of conduct to deal with any problems. The Footpath Secretaries for Derbyshire and the Peak District have joined together to argue that the PDNPA should not be encouraging the use of off-road cars and motorbikes. We believe that off-roaders are incompatible with the Authority’s duty to conserve and enhance the Park and its special quality, and that voluntary codes of conduct are ineffective. We presented this view at the February meeting of the Authority where we had a minor success when the paper was withdrawn for further work. One of the main concerns of Authority Members was the lack of involvement of the residents of the Park in the development of the policy.

I should declare an interest. I have driven 4x4s and ridden motorbikes off-road, and it is great fun. However, I do believe that there is a time and a place for such activities; the routes chosen should be sustainable and should take into account the needs of other users and local residents. The Natural Environment and Rural Communities Act (2006) introduced some important changes to the legislation governing off-road recreational vehicles. Any application for a route to be upgraded to Byway Open to All Traffic (BOAT) status made after 20 January 2005 is automatically given the status of a restricted highway, which protects it from off-roaders. Walkers, horse riders and cyclists can use these but not motor vehicles; private vehicle access rights for landowners/occupiers are unaffected. However, within the Derbyshire Dales area, there are 144 applications for upgrades, submitted before the 20 January 2005 and these are at risk. The decision on their upgrading these routes will be based on evidence of previous usage, and use by horse and carts would allow a route to be used by recreational motor vehicles.

Sadly, just because a right of way is recorded as a footpath or bridleway on the definitive map does not mean that recreational vehicles cannot use it. Where a claim has been made to the local authority the route tends to be used by motor vehicles before the claim is considered, and the fact that a claim has been made makes enforcement action uncertain; this is the situation at Pilsley. We will be pressing the PDNPA and DCC to use their powers raise Traffic Regulation Orders (TROs) for unsuitable routes as soon as claims are made. In particular, Experimental TROs can be introduced quickly and are valid for a period of 18 months to test a scheme of traffic control before deciding whether to make it permanent.

TROs can be made for the following reasons:

    • preventing damage to the right of way.
    • preventing vehicles that are unsuitable for the character of the way.
    • preserving the character of the way, where it is especially suitable for use by people on horseback or on foot.
    • preserving or improving the amenities of the area.
    • conserving natural beauty including flora, fauna and geological and physiological features.

We are drawing up a list of routes that require TROs. Do you know of any routes that are being used, or may be used, by recreational motor vehicles that would meet these criteria? If so please let your Group Footpath Secretary know.

Geof Cole

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