Decision Maker: Corporate Director of Business and Environmental Services
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
To introduce a Prohibition of Motor Vehicles
Traffic Regulation Order on the Unmetalled Unclassified road,
U1858/9 Kirby Bank in light of a potential legal challenge from the
Trail Riders Fellowship (TRF) that the making of the TRO would be
*PLEASE NOTE This decision was originally
published on or near the date of the decision and so call in no
longer applies. It has been re-published as part of the change in
committee management system that we use.*
Having considered and responded to the grounds of the potential legal challenge received from the Trail Riders Fellowship (TRF) that the making of the Order would be unlawful , the Corporate Director, Business and Environmental Services (BES), in consultation with the BES Executive Members acknowledges that the signing/enforcement issues are not in themselves valid reasons for rejecting the TRF’s request for a proposed exemption, but considers that it is nonetheless expedient for the Order to be made and that the County Council has carried out the required “balancing” exercise in having regard to their statutory duty under Section 122 of the Road Traffic Regulation Act 1984 to secure the expeditious, convenient and safe movement of vehicular traffic on the route and their consequent decision not to agree to the exemption for motor cycles requested by the TRF, as it is considered that even the level of motor cycle traffic which would ensue if the TRF’s proposed exemption were included in the TRO would give rise to unsustainable harm to the route and have an adverse effect on its existing character and the amenities of the area.
Consideration was given to the TRF’s
request for a decision on making the TRO to be deferred and a
Public Inquiry to be held. It was agreed that all the relevant
issues had already been comprehensively considered and evaluated
and that the Corporate Director BES in consultation with the
Executive Members were able to make an informed decision on the
basis of the information contained in the current Report and that a
Public Inquiry was not required.
The TRF’s request for an exemption to the proposed TRO was also considered and rejected, as it was agreed that in the circumstances of the present case, the effect on the amenities of the locality affected and other matters appearing to the Council to be relevant, including preventing damage to the route and preventing its use by traffic which is unsuitable for its character, outweigh the duty under Section 122 of the Road Traffic Regulation Act 1984 to secure vehicular use of the route, even to the limited extent which the TRF’s proposed exemption would entail.
Publication date: 26/04/2021
Date of decision: 28/09/2018