My Lords, the problem we are trying to deal with is the unauthorised use of green lanes by 4x4 vehicles and trail motorbikes. This problem is getting worse, making many rights of way impassable and creating an intrusive noise nuisance. Present legislation is entirely inadequate for dealing with this problem. Local authorities which are short of resources are unable or unwilling to commit to dealing with an outdated and burdensome situation.
When the Peak District National Park and other national parks were formed, the use of rights of way by 4x4 vehicles and trail motorbikes for recreational purposes was not foreseen. At present there is no simple way of dealing with this obstructive and noisy nuisance and some fresh way must be found to deal with a problem that prevents walkers and riders enjoying the countryside. The purpose of any new legislation would be to create a right of appeal where a highway authority fails to make a traffic regulation order that excludes motor vehicles from a byway open to all traffic, and other green lanes, where there is evidence that such an action is necessary. At present, local communities have no redress if their highway authority refuses to act.
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New legislation is needed to establish the right-of-way status of 3,000 miles of unsealed, unclassified highways in England—the country’s green lanes. Under current
legislation, in 2026 they are all destined to go into permanent limbo. That is because 2026 is the legal cut-off date for establishing rights of way under the CROW Act 2000. Those 3,000 miles of green lanes will become bridleways, footpaths or restricted byways. Motor vehicles will be able to go on using and damaging them. The new legislation we seek would not affect the current legislative framework for motorsports or other off-road use that takes place by landowner permission. I am not seeking to curtail that.
The Government have accepted that the destruction of the country’s green lanes by motor vehicles is a problem and that a solution must be found. They have now committed to setting up a stakeholder working group to try to find a solution. While this is a welcome first step, we should listen very carefully to the people who contributed to the previous debate, stressing that stakeholder working groups that cannot come to an agreement because of disagreement between the parties must somehow be made to make a majority recommendation so that the matter can be taken forward.
Attempts to date to solve the problem through voluntary measures have already been tried and have failed. The matter is becoming urgent for many reasons, not least the approach of 2026. The only way to save green lanes from destruction will be to legislate. But I would welcome hearing more from the Minister about the Government’s current thinking on the composition of the motor vehicles working group that they say will be set up. When will it start its work? What timeframe will it work to? What are its terms of reference? Will it be allowed to make majority recommendations? When can we expect to see full public consultation?