High Court finds motor vehicle ban on Hollinsclough Rakes to be unlawful

Feb 22, 2025 | News

Motorists will retain the right to use two historic routes in Staffordshire following successful legal action by the Green Lane Association (GLASS).

Swan Rake and Limer Rake are a pair of unsealed county roads (UCRs) in Hollinsclough, Staffordshire, that 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 motor vehicle 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. Repairs to both routes, which included drainage works and a new surface designed to make the routes easily accessible to all users were completed last year. But in August 2024, the Council installed gates and made a permanent Traffic Regulation Order (TRO) which prohibited motorised vehicles from using the two routes, claiming that the surface was only suitable for bridleway use.

Along with 400 others, GLASS objected to the TRO during the statutory consultation period. The grounds were that the closure was discriminatory and that, in particular, it would deny access to disabled people who were unable to use the routes on foot, bike or horseback. But as the objections and suggestions for alternative measures were were ignored, the only recourse for GLASS was to challenge 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 GLASS’s costs.

GLASS regrets the need to take legal action, which could easily have been avoided if the Council had discussed its concerns with motorised user groups before applying a complete ban. GLASS is 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.

GLASS  urges all users of motorised vehicles to use these and any other unsurfaced routes appropriately, including avoiding them during periods of bad weather so that the surface can be maintained. Drivers and bikers are also urged 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.

The photo above shows the entrance to Limer Rake.

GLASS  is a full member of  LARA.

You Might Also Like

Active Travel England publishes Rural Design Guide

Active Travel England publishes Rural Design Guide

Active Travel England has recently published a Rural Design Guide. Key stakeholder organisations, including LARA, had been invited to comment on earlier drafts of the Guide and ATE has said that there will be six month window following publication where it will continue to accept comments and suggestions from the public.

read more