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 Tony Baldry Tony Baldry Conservative, Banbury 10:00, 30 June 2005

Like the hon. Member for Bassetlaw (John Mann), who has made an excellent speech, I am unhappy. I hope that my hon. Friend the Member for South-East Cambridgeshire and the Minister can explain either in relation to this clause or the next one how they could make me happy. I am not the only person who is unhappy: there are also my hon. Friends the Members for Wantage (Mr. Vaizey), for Henley (Mr. Johnson) and for Witney (Mr. Cameron), the hon. Member for Oxford, West and Abingdon (Dr. Harris) and the right hon.   Member for Oxford, East (Mr. Smith). Indeed, all Oxfordshire Members of Parliament are unhappy about the way in which the Ridgeway is being treated.

The Ridgeway stretches about 85 miles from Overton hill in Wiltshire to Ivinghoe beacon in Buckinghamshire. It is England’s oldest green road and it dates back to the earliest days of agriculture and inter-regional trade in this country 6,000 years ago. Probably when the Romans were not heading up to the River Trent, they were going along the Ridgeway. It is an historic feature of European importance and, because of its upland location, it ought to be a site of great natural beauty.

The present state of the Ridgeway is unhappy. That is the result of a combination of factors, the most fundamental of which is the growth in the number and variety of motor vehicles that use the Ridgeway. That has exposed the ancient highway to a host of new pressures. In recent years, there has been a phenomenal increase in the number of off-road motor bikes and 4x4 motor cars. Those vehicles destroy the surface of the Ridgeway. In wet weather, huge sections of the Ridgeway become a sea of mud and deep puddles. In dry weather, the surface sets into a series of ankle-twisting, knee-wrenching ruts.

The Ridgeway is a species of common land; it is an important part of our national heritage. It is important in giving access to the countryside to walkers and others. It is a common asset, and one would hope that new Labour recognises the need to protect public assets as much as private property. I want to know how we are going to prevent motor vehicles from having access to the Ridgeway. I can see no justification for 4x4 vehicles trundling along the Ridgeway and it being churned up in that way.

Even as a lawyer and even with an interpretation clause, I find clauses 61 and 62 difficult to interpret. My concern is that we have been here before and we received promises in the consultation document, “The Use of Mechanically Propelled Vehicles on Rights of Way”. In that document, Ministers said:

“We propose to introduce legislation, which will make it no longer possible to establish the existence of a byway open to all traffic by reference to historic (pre-commencement) use by, or other evidence relating to, non-mechanically propelled vehicles”.

I, like the hon. Member for Bassetlaw, assume that that means the horse and cart. The consultation document went on to say:

“We propose to do this by introducing a cut-off date after which (subject to certain exceptions) any unrecorded rights of way for vehicles shall be recorded as restricted byways in the definitive map and statement

We propose that the cut-off date should be one year from the commencement of the new legislation.”

I tell the Minister that if that is what the Bill does, people in Oxfordshire will feel betrayed. People will be desperately unhappy because they want there to be no vehicular access along the Ridgeway. They can see no justification for the Ridgeway being churned up by 4x4 vehicles, trail bikes and so forth.

If the best the Government can do is say, “In certain other areas, if it isn’t already a byway open to all traffic, we can do something about it. But we’re terribly   sorry that if the Ridgeway has been used by vehicular traffic in the past, you’re stuck with such traffic for ever”, that is a real betrayal of the countryside.

If I am wrong and the Minister can tell me that he will ban traffic on the Ridgeway, there will be much rejoicing in Oxfordshire. Bells will be ringing in the village churches. If he is not, people will be deeply unhappy. This is an issue of real resonance in Oxfordshire. People, families and others want to go out to walk there. If one is taking one’s children or family out for a walk, it is disastrous if one is beleaguered by people racing up and down a natural feature of our countryside that was never intended for that purpose.