An eroded section of Chapel Gate

An eroded section of Chapel Gate

A judge has quashed an order banning off-roaders from a Peak District track.

The national park authority has had an experimental order in place for 15 months on Chapel Gate, which runs between Edale and Chapel-en-le-Frith.

But the Trail Riders’ Fellowship, a pressure group for trail motorbikers, successfully challenged the order in the High Court. The ban had a further three months to run.

High Court Judge Mr Justice Ouseley ruled that the precise wording used in the reasons for the order did not reflect fully the experiment being carried out and so quashed the order.

The Peak District National Park Authority made the order, excluding motorised traffic from the 3km track which skirts Rushup Edge, in August last year.

The judge found in the authority’s favour on five other points the Trail Riders raised.

He rejected claims that the order was not a genuine experiment and was irrational or unlawful and that it was made to avoid the procedure for making a permanent traffic regulation order.

He also dismissed the off-roaders’ arguments that the condition of the route and the cost of repairing it couldn’t be used as grounds to consider an experiment, that the authority should have separately considered the needs of two and four-wheeled vehicles and it was obliged to undertake the least restrictive form of experiment.

Christopher Pennell, chair of the authority’s audit, resources and performance committee, said: “We are disappointed that the order has been overturned.

“But we are pleased that the judge upheld our key arguments that the experimental traffic regulation order was a genuine experiment intended to assess the impact of 4×4s and trail bikes on the route at Chapel Gate.

“We do now have 15 months of evidence that we have gathered during the closure to assess what course of action to take on this route in the future.

“We will take time to reflect fully on the legal judgement and the evidence gained to consider whether further restrictions are needed or not.”

The national park authority said despite the order being lifted monitoring of the route at Chapel Gate will continue.

A report about the judgement and responses to it will be considered by members of the authority’s audit, resources and performance committee on 25 January.

The committee said it made its decision to introduce an experimental ban on vehicles after considering evidence that deep vehicle ruts, mud, water and exposed rocks were deterring walkers, cyclists and horse-riders, and erosion had widened up to 12m as people deviated on to surrounding land with fragile wildlife habitats.

The route crosses a landscape of international importance for its wildlife and natural beauty, including a special area of conservation, a special protection area and a site of special scientific interest.

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