No red light for green lanes—challenge to decision not to ban motor vehicles from off-road routes dismissed (Stubbs v Lake District National Park Authority)

Article summary

Local Government analysis: The High Court has dismissed a judicial review challenge to a decision of the Lake District National Park Authority to adopt a recommendation by its officers that it was inappropriate at that time to impose a Traffic Regulation Order (TRO) on two unsealed (unsurfaced) highways in the Lake District National Park. The challenge was brought on three grounds, relating to—(i) the Sandford Principle on how to resolve conflicts between conservation and recreation interests in the management of National Parks as set out in section 11A(2) of the National Parks and Access to the Countryside Act 1949 (NPACA 1949), (ii) the stage at which the duty in section 122 of the Road Traffic Regulation Act 1984 (RTRA 1984) arises and (iii) the nature of consultation required before a TRO can be made. The court found that the Assessment Report (AR) on which the decision was...