I've just waded through a decision of the Planning Inspectorate regarding a byway from Stoney Middleton to Eyam, which is to be scheduled as a Byway Open to All Traffic. This clearly would make it available to for off-roaders to wreck. The decision is 17 pages long, but the nub of it is that the road has been open to "mechanically propelled vehicles" since 1759 and therefore should remain so. The fact that there were no mechanically propelled vehicles in 1759 is apparently not relevant. The report also says "there is no need for me to address the issues raised by the objectors regarding the alleged nuisance that would arise by virtue of use by motor vehicles." So another bit of the Peak District remains open to be destroyed, along with the peace and tranquility of the residents, by four-wheel drives and off-road motorcycles. What a travesty.
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The route (called Mill lane) has always been open to all traffic, as it was previously an 'Unclassified Road'. Unclassified roads are presumed to have full vehicle rights, the same as byways, so the number of recreational users on this route should not change.
The new byway status changes nothing in reality, it is rather just a legal technicality, which now means that the route is an official right of way, maintained by Derbyshire R.O.W department, and can be signed as such.
What the P.I. report actually said was that the route has always been open to vehicles (non mechanically propelled ones) since the 18th century, and motorised vehicles have used the route throughout the 20th century, particularly during the 20 years previous to the byway claim being submitted. The latter was particularly relevant to the route being granted Byway status, rather than Bridleway status, which is what it would have been accorded if vehicle rights were shown to not exist.
Simon really needs to know the law before making uninformed comments. We cyclists are in law vehicular users and restricted to public carriageways and byways open to all traffic. If the route had been designated as a bridleway we would have no legal right to use the route. Cyclists were given permission to use bridleways in the 1960's but this was conditional on giving way to all other users and subject change at any time at the whim of the government or highway authority.
Simon will no doubt be glad then that the old road from Eyam to Riley has now been found, by another planning inspector, to be a footpath. The landowner is now planning to stop horses and cyclists from using this much loved and much used cycling route.
You must learn who your friends are. Landowners, the highway authority and the Peak Park know the damage and danger posed by the new breed of mountain bikers who use public paths to race on. WHEN THEY HAVE GOT RID OF THE 4X4 AND TRAIL BIKES THEY WILL START ON US!
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