Landmark agreement saves historic Powys green lanes
Issued 25 December 2014
Vehicle user groups, including the Trail Riders Fellowship, have reached a
significant agreement that will see them cooperate with Powys County Council in
keeping historic and scenic unsurfaced roads in the county open for all to enjoy.
The agreement sees the reconvention of the Powys Byway Users Group (PBUG),
which will include representatives from Powys County Council (PCC), Trail
Riders Fellowship (TRF), Green Lane Association (GLASS), British Horse Society
(BHS), Ramblers, and land-owners/managers.
Specifically, the agreement between the Council and the TRF, the Land Access
and Recreation Association and the GLASS covers three historic routes in Powys:
Water-Break-Its-Neck, Molfre City and Pawl-hir.
Water-Break-Its-Neck will be closed by Traffic Regulation Order (TRO) to horsedrawn vehicles and mechanically-propelled vehicles with more than two wheels
for an initial period of up to two years, during which time the route will be either
realigned or repaired.
The TRF and GLASS will provide volunteers to help with this work, if available.
With the exception of the initial TRO, PCC will not impose further TROs on the
route without discussion with PBUG.
PCC has undertaken not to impose any TRO on Molfre City without discussion
with PBUG. Temporary TROs covering vehicles with more than two wheels may
be necessary due to weather conditions or overuse, and PCC may also install a
pipe and culvert on a key point on the route. This work, and necessary routine
maintenance, will be carried out with the help of volunteers from the various
users groups when possible.
The third lane, Pawl-hir, will also not be closed by TRO without discussion with
PBUG, although temporary TROs covering vehicles with more than two wheels
may be necessary due to weather conditions or overuse.
PCC and PBUG will work together to make use of the existing ‘hard road’, and
accumulated silt will be removed from the western section of sunken lane. The
County Council is to also improve drainage and provide cross grips at a key point
on the route to stop water from flowing down the highway.
A TRF spokesman said: “This landmark agreement between Powys County
Council and vehicle users is a vital step in the conservation of these routes and
the surrounding countryside, and will form a useful framework for the
constructive management of green roads for the benefit of all in other parts of
Wales and England.
“A fresh approach has achieved a positive outcome for the conservation of
byways in Powys.
“Powys Councillors engaged with vehicle user groups and, with the benefit of the
vehicle users’ expertise, were able to identify a solution to improve byways in
Powys for the benefit of all users.”
Timeline and background
In 2007, three routes in Powys were closed to motor vehicles by Temporary
Traffic Regulation Orders because of their allegedly poor state of repair.
In 2012 a member of the public served a Section 56 order on Powys County
Council, which required them to put the three rights of way back into repair.
Llandrindod Wells magistrates dealt with the case and decided that the Powys
Council’s Highways argument against the Section 56 Order: which was that the
routes were in a satisfactory state of repair for ‘ordinary’ traffic (pedestrians and
equestrians) and that motor vehicles were not ‘ordinary traffic’; held. Costs of
£20,000 were awarded against the member of the public who had served the
original Section 56 orders.
March 2013 saw motoring organisation GLASS step in and appeal against the
magistrates decision, pointing out that, if upheld, it could remove the obligation
that local authorities have to maintain rights of way: they could just close them
instead.
The council countered that repairing the routes to the required standard would
cost £1.2 million, and imposed permanent TROs on two of the three routes,
closing them to vehicle for ever (or so they thought).
October 2013 saw GLASS and the Trail Riders Fellowship challenge the TROs in
the High Court, and they were quashed.
With a new date set for the hearing of the original case, this latest High Court
victory led to an outbreak of common sense and TRF directors and
representatives of other motorised user groups were able to meet directly with
the Council’s chief executive, the Council cabinet member responsible for rights
of way, and the rights of way officer in charge of the case. Many of the myths,
such as the possible £1.2 million cost of repairs, were laid to rest.
March 2014 saw a site meeting involving vehicle users and the Powys County
Council cabinet. The vehicle users were able to convince that the cabinet that
there was no ulterior motive behind their actions: all they wanted was to be able
to use the lanes.
Powys Council decided to reject the permanent Traffic Regulation Orders as
originally suggested by their rights of way officers, and in the Summer of 2014 it
was agreed that the original Section 56 applications would be withdrawn.
October 2014 saw the two sides finally reach an agreement to keep the lanes
open and in good order. This order was sanctioned by a High Court judge.
Editorial Contact:
Richard Simpson PR Contractor, Trail Riders Fellowship 07812 402021
www.trf.org.uk
Picture attached: A trail bike on Water-Break-its-Neck