The High Court (Lang J) has recently granted Green Lanes Environmental Action Movement (“GLEAM”) permission to pursue a claim for judicial view against the Lake District National Park Authority. GLEAM seeks to challenge the Authority’s refusal to pursue a traffic regulation order (“TRO”) to prohibit or reduce traffic from motorised vehicles, particularly four wheel drives, on two unsealed roads in the Lake District National Park.
Amongst other matters, GLEAM contends that the Authority misdirected itself as to the correct test in s.11A National Parks and Access to the Countryside Act 1949 in assuming that any conflict between the two national park purposes (conservation and promotion of public enjoyment) must be “irreconcilable” before “greater weight” is attached to the conservation purpose as s.11A requires. GLEAM considers that such an approach constitutes an impermissible gloss on the wording of s.11A, which refers simply to “conflict” rather than “irreconcilable conflict”.
The case has received national press interest, for example, find a link here.
Katherine Barnes acts for the Claimant, instructed by James Pavey at Irwin Mitchell.