Clause 63 - Supplementary
Natural Environment and Rural Communities Bill
2:45 pm
Roger Williams (Brecon and Radnorshire, Liberal Democrat)
I beg to move amendment No. 107, in clause 63, page 25, line 24, at end add—
‘(4)Under sections 1, 9, 14, 22, 65, 68, 69, 71 and 92 of the Road Traffic Regulation Act 1984 (c. 27), the relevant National Parks Authority may exercise the functions of the local traffic authority for the purposes of controlling traffic by way of a traffic regulation order on any unsealed road including those classed as footpath, bridleway, restricted byway, byway open to all traffic or unclassified county road within the relevant National Park.
(5)In subsection (4), “unsealed” means any route which has an earth, gravel or cobbled surface and is not made up of tarmac, concrete or asphalt along its course.’.
I am comforted by a fact that may reassure the hon. Member for Sheffield, Hillsborough (Ms Smith)—the amendment has the support of the Council for National Parks. As the Minister said that he has some sympathy with the amendment, I am persuaded to pursue it.
Many will know that national parks have the duty to conserve both the natural environment and the built environment. Some of our most ancient rights of way bring those two issues together. An example in the Brecon Beacons national park is known as the Gap road. Sadly, the hon. Member for Bassetlaw has left the debate. Some of the Romans heading for Scotland, obviously deterred by the river Trent, must have turned left and sought to enter Wales. To cross the Brecon Beacons, those Romans built a road that is now known as the Gap road. As the Romans were a little more canny than modern road builders, they built the road on the side of the Brecon Beacons that is less affected by snow. So, while the A470 is sometimes completely blocked by snow, the Gap road is left open.
The Gap road started to be used by motor cyclists and 4x4 drivers. It is not just a right of way but an ancient monument, because it has retained some of the structures that the Romans put there. Although we can restore rights of way, we cannot replace ancient monuments. So it seemed to us that it was important that we conserve it. That is an example of how rights of way that are important, and other rights of way, can be conserved by traffic regulation orders.
It seems appropriate that national parks be given the powers of highways authorities to conserve rights of way. The amendment would limit those powers to unsealed rights of way that are not covered by concrete, asphalt or tarmac. So there is a limit. It would give national parks the right to make TROs not on roads that are used for general transport purposes but, mainly, on roads that are used for recreation.
I was chairman of the Brecon Beacons national park when we put forward the TRO for the Gap road. Everybody whom I consulted opposed that order. The police said that they could not enforce it. Motorcyclists and 4x4 drivers said that it was a huge restriction of their rights and freedoms. Conservationists said that the road, use of which the order would have limited to periods when vehicular use would not do it damage, should be closed altogether. The county council said that the order was a waste of money. Everyone opposed it, but eventually we drove it through—I am sorry to use that phrase—and it has proved to be successful. Not only does it provide the opportunity for people to enjoy that right of way when conditions are appropriate but it conserves the right of way, which is important.
I believe that the national parks would use the measure responsibly and the example of the Gap road proves that. After the then Minister of State at the Department for Environment, Food and Rural Affairs, the right hon. Member for Cardiff, South and Penarth (Alun Michael), put the matter out to consultation, I was surprised to receive a letter saying that we should not proceed in that way but should use TROs. It referred to an outstandingly successful example on the Gap road going through the Beacons. I wrote back to the person who wrote the letter saying that if they had supported me at the time it would have given me great comfort.
I believe that this power would enhance national parks and that it would be used responsibly. I support it.