High Court gives green light to challenge over refusal by national park authority to pursue traffic regulation order

The High Court has recently granted Green Lanes Environmental Action Movement (“GLEAM”) permission to pursue a claim for judicial review against the Lake District National Park Authority over its refusal to pursue a traffic regulation order (“TRO”) to prohibit or reduce traffic from motorised vehicles, particularly four wheel drives, on two unsealed roads in the Lake District National Park.

39 Essex Chambers said that amongst other matters, GLEAM is contending that:

  • the national park authority misdirected itself as to the correct test in s.11A National Parks and Access to the Countryside Act 1949 in assuming that any conflict between the two national park purposes (conservation and promotion of public enjoyment) must be “irreconcilable” before “greater weight” is attached to the conservation purpose as s.11A requires; and
  • such an approach constitutes an impermissible gloss on the wording of s.11A, which refers simply to “conflict” rather than “irreconcilable conflict”.

The two lanes are in the Langdale area.

Katherine Barnes of 39 Essex Chambers is acting for the claimant, instructed by James Pavey at Irwin Mitchell.

Permission was granted by Mrs Justice Lang.

(c) HB Editorial Services Ltd 2009-2018