Clause 61 - Restriction on creation of new public rights of way

Part of Natural Environment and Rural Communities Bill – in a Public Bill Committee at 10:00 am on 30 June 2005.

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Photo of John Mann John Mann Labour, Bassetlaw 10:00, 30 June 2005

If I were happy with the hon. Gentleman’s amendments, I would have restricted my remarks to them and to the discussion on clause 62, but   I am not, as they miss the point. Hence, it is appropriate for me to make my comments on clause 61 because I am unhappy with it.

I am unhappy not with the Government’s intent, but with the consequences of the clause. The danger with the debate about the future date of commencement that the hon. Gentleman was attempting not to entice me into but to defer me to—of course, there is an issue there—is that its context is all or nothing. I am not and never have been interested in all or nothing. My constituents and I are interested in removing an anomaly. Therefore, I wish to tease out from the Minister whether the Government propose to remove the anomaly and do nothing else, because if the anomaly in the law is removed, my constituents and I will be happy. We will be happy because we know that if we could use all the factors to challenge anyone’s desire to upgrade, the applications in my area would be unlikely to succeed. The phrase “all the factors” includes environmental issues, other uses, current uses, changes in the countryside, the spread of urbanisation, crime and disorder issues and the opinion of the local population and of parish, district and county councils—they could all be brought into the equation.

I am not bothered whether someone can propose to upgrade a route, but I am bothered that such a proposal is judged solely on historic rights. If someone can put a coherent case for saying that there should be a route in my area for trail riders—to take one of the categories of would-be users—and the objections against it are spurious, I would be quite happy with it, but I am not happy about the fact that such routes are being determined on one anomalous issue.

With your knowledge of history, Mr. Forth, I am sure that you know very well why my constituency is a good example. Where did the King’s armies camp on their way to the battle of Culloden? They camped on Clarborough hill in my constituency, which just happens to be where many of the upgrade applications have been proposed. Why did the armies camp there on their way to glory at Culloden? Because the River Trent is forded in my constituency.

There are earlier precedents. Why did the Romans build a settlement at Littleborough in my constituency? Because in Roman times the River Trent was forded there. If one wished to go from Italy to Scotland, at some stage they had to get across the River Trent. The fact that Romans’ chariots used the route—it is called the great north road, and their presence can be proven—is sufficient to create an automatic upgrade for motorised vehicles today. Mr. Forth, I know that you are fascinated by my historic examples. I could give more, but I think that I have done enough to illustrate the absurdity of the current anomaly.

Strangely, on Clarborough hill and in Sturton, the village that has grown up alongside the route to the Trent at Littleborough, lots of applications have been made for upgrades. We are not talking about trail rides that cut across the country; when people go down these routes, they end up at the River Trent. Unless   somebody creates some kind of river-crossing vehicle to transport the bikes, they will be going there and then coming back. I have looked at many examples from across the country and I have received much correspondence, not all of it very polite, but this example illustrates probably better than any other the fact that I have seen the absurdity of the current anomaly. That anomaly needs rectifying, but the clause might not do that.

The issue is whether people will have the right to make other proposals. In that context, there is the issue of any delay in commencement. The words “after commencement” are included in the clause. The amendment tabled by the hon. Member for South-East Cambridgeshire should also have related to clause 61, because the issue of commencement means that the problem is that, as the applications are being made, timing becomes important.

The county council in my constituency says that current applications will take three or four years. There are many applications in my constituency—far more than the Department reports in its survey. It reports that there are nine in my constituency. Well, there are nine on Clarborough hill; there are many more in my constituency. The facts that the Government are using to make decisions are not accurate. There is already a whole series of applications in just that one small area of my constituency.

It is not trail riders who are using the routes; it is what might euphemistically be called youths on bikes, and the activity is sometimes organised. That is to say, a white van appears, a lot of youths get out and on to their bikes or quad bikes and charge round these routes, some of which are circular and make rather good race tracks. They, and not the trail riders who are trying to go from one part of the country to another while viewing wonderful scenery, use the tracks. We are talking about an organised business, with youths in particular going at tremendous speeds, scaring horses, causing great danger and damage, and terrifying walkers, dog walkers and people living in those communities. All hon. Members present can rehearse those arguments at great length.

I want the Bill to ensure that that anomaly is removed immediately and that current applications that have not been determined are not determined solely on historic rights. Will part 6 rectify that? Does it do more than that? Will it fully and comprehensively rectify that problem?