High Court confirms that motor vehicle ban on historic unsealed roads is unlawful

Motor vehicles will retain the right to use two historic routes in Staffordshire following successful legal action by the Green Lane Association.

Swan Rake and Limer Rake are a pair of unsealed county roads (UCRs) in Hollinsclough, Staffordshire, which have been in poor condition for many years. Due to the steep and challenging nature of the Rakes, they were used for a number of traditional, organised motor trials during most of the last century as well as by a large number of recreational motorised users.

Due to a lack of maintenance and erosion by surface water, the routes had become virtually impassable and, in 2017, the Rakes were closed to all users by Staffordshire County Council for major repairs. Last year, the Council completed repairs to both routes to a standard that they claimed was only suitable for bridleway use. In August 2024, the Council installed gates and made a permanent Traffic Regulation Order (TRO) which prohibited motorised vehicles from using the two routes.

Along with 400 others, the Green Lane Association objected to the TRO during the statutory consultation period, stating that the closure was discriminatory to motorised users and that, in particular, it would deny access to disabled people who were unable to use the routes on foot, bike or horseback. But the objections and suggestions for alternative measures were not taken on board. As a result, the Association challenged the TRO in the High Court. After a delay during which both sides incurred substantial legal costs, the Council decided not to contest the challenge and the High Court has recently issued an agreed Consent Order confirming that the TRO should be quashed, and that Staffordshire County Council must pay the Association’s costs.

“The Association regrets the need to take legal action like this, and believes it could easily have been avoided if the Council had discussed its concerns with motorised user groups before applying a complete ban. Going forwards, we are keen to develop open and constructive communications channels with the Council to discuss ways that all user groups can share access to these routes without the need to remove access from any one group,” said Chris Mitchell, the Green Lane Association’s chairman.

Repairs to the routes have included drainage works and a new surface which has been designed to make the routes easily accessible to all users.

“I would encourage Green Lane Association members and all motorised users to use these routes appropriately, including avoiding them during periods of bad weather so that the surface can be maintained. I would also ask drivers and bikers to drive carefully at all times, especially in proximity to the residential properties along the roads in accordance with the Association’s Code of Conduct.”