LARA’s factual guide for everyone to
Use & Enjoy
our delightful
Green Roads
network
It is evident that all of us share a passion for our delightful green roads network and wish to conserve and improve it. However, there are differing views on how best to go about that. Some individuals and organisations are ideologically opposed to the use of motor vehicles on green roads. And because it is not possible make a TRO or legislate to ban driving on green roads on ideological grounds, they resort to exaggeration, misrepresentation and/or inventing spurious grounds to bolster their arguments for justifying the use of legislation to curtail the legal and responsible use of green roads by motor vehicles.
The purpose of this webpage is to put the record straight in a truthful and rational guide to the use of green roads by motor vehicles.
Remember to always observe the LARA Green Road Code when using and enjoying green roads.
Table Of Content
Overview
Green roads are precious, historic features of the landscape and an essential part of the rights of way network for those who choose to access the countryside by motor vehicle, including those for whom it is their only means of access because of disability. They play an important part in allowing the whole community to share in the health and wellbeing benefits of accessing the natural environment by whatever means of transport.
LARA member organisations are dedicated to their protection, conservation and enhancement and our aspiration is a network of green roads that is welcoming to all the public to use and enjoy by whatever means. Every year year trail riders and 4×4 drivers donate thousands of volunteer hours and substantial funding to help maintain the network.
“Green roads” is a catch-all term for minor public highways, many of which are unsealed or unsurfaced and variously called lanes, tracks, trails or byways, but which are in fact classed as public carriageways or roads in law. Although use of these green roads by motor vehicles is sometimes, through malice or ignorance, called “off-roading” it is in fact on road.
The vast majority of green roads are engineered for use by motorised vehicles, since they were created or improved after motorised road transport was invented, as far back as 1769 and legislation has required all roads to be suitable for motor vehicles from the 1860s. Highway and National Park authorities have powers to regulate the use of green roads by means of Traffic Regulation Orders (TROs) and these powers are used extensively, particularly in National Parks.
Green roads are mainly used by farmers, land managers and residents to access their land and property. The rate of use for recreation is, on average, 1.5 vehicles per road per day and is therefore highly unlikely to interfere with farming or other land management activity. Noise from the legal use of these vehicles is minimal and transitory and pollution is a tiny proportion of that created by use of motor vehicles on the rest of the roads network and insignificant in relation to the pollution from current agricultural practices.
All the credible scientific studies that exist show that responsible use of green roads by motor vehicles is good for biodiversity and that closing them to motor vehicles would deny us these benefits and can, and does, result in these roads becoming choked with vegetation and impassible to any users, by whatever means.
Government commissioned research found that for the most part the use of motor vehicles on green roads was not problematic, although there are problems with motor vehicles in a few hotspot locations. Government has recently reiterated that those problems do not justify the closure of green roads to legitimate and responsible users of motor vehicles. Ministers and officials recognise that the powers to mange motor vehicle use already exist, that better use of them could be made and that improved guidance would help. LARA member organisations are keen to help with this.
On motorcycles alone, recreational motoring on green roads, contributes more than £130 million to local and rural economies.
Is there a problem?
Where problems arise it is because, as with many aspects of life, all public places, public highways included, are vulnerable to a degree of misuse by a minority of people.
So – what if the reasons put forward for excluding motorists from green roads were applied to other rights of way?
Then we would be excluding walkers from public rights of way including iconic footpaths and National Trails because: the sheer volume of use has resulted in excessive erosion, or someone has been injured, or gates have been left open, or people have left litter or made a lot of noise, or started fires, or they and their dogs have disturbed livestock or wildlife?
Yet these are all too common occurrences…
Green roads - their status and history
Green roads are a superb man-made asset, there for everyone to use and enjoy, provided they do so responsibly, within the law and do not stray from the highway. The main green road motoring organisations provide their members with live online mapping which shows which routes have legal entitlement for motor vehicles and gives advice on the suitability for use of each route.
The term ‘green lane’ has no legal status and there is no legal or commonly agreed definition. This is why motorists prefer the term ‘green roads’, which encompasses only those routes with public rights for motor vehicles. Such use of them is not without limitations; it must not exceed entitlement, nor be a public nuisance, nor be harmful to the special qualities of these highways. And such use is subject to all the rules and regulations that any drivers on other public roads are.
The surfaces of green roads vary considerably from no artificial surface at all, to sealed surfaces. Just like any other roads, green roads may be bounded on one or both sides by centuries-old walls, banks or hedges, or may have no defined boundary at all.
With the exception of motorways and other roads that came into being in the last 150 years or so, all roads owe their origins to travel on foot, horseback or by horse drawn vehicles. Some served local needs, but many long established roads were also long-distance routes. Apart from a few rare exceptions all these roads have been developed to keep pace with the changes in means of transport – this includes green roads, albeit that the vast majority of them have not been given a tarmac or other impermeable surface.
From the 1860s legislation required all roads to be engineered so as to be suitable for motor vehicles, but a small minority of green roads remained as unsurfaced soft roads, as rare examples of where no engineered drainage or improvements to the road surface have been undertaken.
Only relatively recently, in the last 50 years or so, has arisen an expectation that all public roads will be surfaced with tarmac. Even as late as the 1960s many motor roads in everyday use still had only a stoned surface. Cars then had no problems coping with the potholes and ruts and most drivers had the necessary skills.
More recently, the continuing increase in population, economic and leisure activity, and the expansion of the built environment has resulted in a deterioration in the condition of parts of the the highways network, both surfaced and unsurfaced. While some highways are evidently in better condition than 200 years ago, some have suffered from misuse and some unsurfaced routes from unsustainable levels of vehicular use. Moreover, local authority resources have been significantly depleted over the last decade. There has been some increase in the use of green roads by motor vehicles but recent studies have shown that the use is still relatively low.
Equality & "Outdoors for All"
Access to the countryside by motor vehicle is the only true means for those with protected characteristics to be able to travel on rights of way in exactly the same way as the population as a whole. It is the only way for them to enjoy what others enjoy and without feeling that their challenges are on show.
The green road network provides access to the countryside and remote locations that, other than by motor vehicle, are inaccessible even to people without disabilities.
Everyone is broadly agreed that studies show that access to the countryside is beneficial to health. This should be a critical factor when contemplating any measure that would reduce access to a sector of our society that already has the least access to the natural environment and that is made up of a significant number of users who are disadvantaged when it comes to to outdoor recreation because of disability, health, or age.
Disability is not confined to mobility issues. People with disabilities face challenges that vary hugely from one person to the next – challenges that cannot be summarily dismissed simply by suggesting they use motorised wheelchairs or scooters. Many people find distance a barrier to access due to a wide variety of medical conditions, some of which entail the need to carry medical equipment. These also include conditions that are not immediately obvious to the casual onlooker, such as: agoraphobia, anxiety or sensory overload.
20% of people in the UK face daily barriers to various activities due to some form of disability. Many of those who choose to access the countryside by motor vehicle do so because they are less able, disabled or elderly. A vehicle is the only practicable way for them to leave the tarmac road and access the countryside in a way that they feel safe and comfortable. And enjoying the amenity of ancient unsealed roads from the comfort and safety of the familiar space of their own vehicle can make the countryside accessible to people who find that the rights of way network for foot, cycle and horse traffic offer little or no opportunity to them.
Current solutions to public access tend to focus on wheelchair accessible gates and expensive motorised buggies that are not suitable for (or financially accessible to) the majority of people and are not physically catered for across the rights of way network. These buggies make it necessary to change the natural landscape to allow access for these conveyances to be used; whereas there already exists is a network of unsurfaced public green roads the majority of which do not require any significant input to make them accessible to all.
These solutions have their place, but simply do not address the wider needs of disabled users beyond physical challenges, nor do they allow them equal opportunity to visit the deeper countryside. It is inappropriate to limit those with disabilities into accepting access based on what others determine is appropriate for them.
What driving green roads means to one disabled driver, there are many others with similar stories:
“…when I travel in my vehicle, I feel just like everyone else. It is the only activity where my disability does not affect my independence, or restrict where I can go or how far I can travel compared to other drivers. Most importantly, no one I meet or pass can see that I have additional needs, I am genuinely on an equal par with everyone else, this wouldn’t be the case if I tried to use non-motorised routes. But sadly this “equality” can sometimes backfire, I have had people tell me that I should walk or tell me I am not welcome to drive a public road in a vehicle. The bottom line is – if I couldn’t use my Land Rover I’d be stuck at home!”
Biodiversity & habit - use it or lose it!
The credible, well-researched evidence is clear that biodiversity on green roads increases with motor vehicle use. Distinctly different conditions develop over time, and animals, insects, and species tolerant to the transient presence of motor vehicles have a unique environment in which to thrive.
People often intuitively, but mistakenly, believe that the motorised use of green roads is detrimental to the environment. They point to specific instances of wildlife being disturbed, vegetation being pared back, or ruts being created. But these are all part of those special conditions that exist within the green roads and scientific studies show instead that responsible and sustainable use is, in truth, helpful to biodiversity.
Several studies exist on species diversity on green roads compared to single hedgerows and surrounding arable land. Each paper has its perspective, some look at flora, fauna, or both, while others focus on particulars such as bees and butterflies. What they all do is agree on the following points:
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- that species diversity is more abundant on green roads;
- that there is a case for continued use of green roads, to avoid lack of use resulting in the creation of less diverse linear woodland, which leads to a decline in biodiversity.
The parallel hedgerows protect the interior environment from pesticides that would deter insect species and provide shelter for both flora and fauna. One reason species diversity is increased is the variety of environments created by motorised use. The wheel ruts and central section between them encourage the growth of different ‘trample-hardy’ species and grasses, while the inner and outer verges attract different species simultaneously. Light levels are different again for the inner and outer verges, and the central section, as are nutrient and water availability.
These studies show that maintaining the diversity of vegetation inside green roads requires continued usage of green roads by vehicles, livestock, horses, and people to prevent these roads from becoming overgrown and eventually strips of linear woodland, which, although valuable in their own right, would be unlikely to maintain the structural and plant community diversity found in green roads.
The exclusion of motor vehicles rapidly changes this dynamic, and the monoculture returns. There are many examples of where the vegetation has taken over and the road becomes impassable for any users. The scientific evidence is clear and simple – use it or loose it!
Amenity & tranquility
Fresh air, peace and tranquillity are qualities that users of motor vehicles value as much as other users and they are open to compromise, accepting a degree of restriction can be necessary in order to protect, conserve and enhance subjective qualities such as amenity and natural beauty.
Whilst LARA member organisations are open to compromise in the interests of amenity and natural beauty, there are those to whom the presence of a motor vehicle on a green road is an anathema and for whom total exclusion is the only acceptable option. This absolutist view is as impracticable and unhelpful as the opposing view that there should be no restrictions to vehicles.
As with any public highway, the starting point is that green roads are there for use by the public at large to use and enjoy, and a certain level of traffic is to be expected. Even where motor vehicle use is unrestricted, on most green roads use is by motor vehicles is comparatively infrequent. Whilst at weekends or public holidays in popular locations, the possibility of meeting at least one vehicle would be high, on other locations and on weekdays, there would be little, if any.
Vehicle speeds are significantly lower on green roads than on other roads, making encounters with other users far more positive than on the tarmac network. Green roads vary considerably in width, many are narrow and winding, just as many roads with tarmac surfaces are narrow and winding, but others, such as the Ridgeway can be of considerable width.
Vehicle noise is fairly localised and relatively temporary. 4×4 noise does not travel great distances, so other users are not affected for long. Moreover, the impact of noise mainly depends on individuals’ perceptions and view of how much noise is acceptable.
Conflict between users of public rights of way is generally exaggerated. The results of research (commissioned by Natural England’s predecessor) demonstrate that actual conflict on rights of way is a rare occurrence and that perceived conflict was also extremely low. It was found that only when people talk about conflict that the incidence, or assumed incidence, of conflict escalates and appears to be more serious. The conclusion was that that the discussion and focussing of attention on conflict serves to escalate its perceived existence.
Farming & land management
The green roads that recreational motorists use are roads just like any other, albeit that they are likely to have a different surface. Just as with the rest of the roads network, the recreational and economic benefits of the legal and responsible use of these roads far outweigh any alleged or perceived impact on farming or other land management activity.
Agricultural vehicles and other vehicles used for land management make up the majority of use of green roads. Some farming and other land management activities take place in hours of darkness and entail night driving, both on and off-road. Some agricultural vehicles are considerably larger and heavier than vehicles used for recreation on green roads and can, and do, cause considerably more surface damage.
Farmers and land managers may encounter other vehicles on green roads just as they may on any other public roads. Many rural roads, whether tarmac or not, are narrow, as anyone stuck behind a tractor on a country road will know and passing may be more difficult. But green roads are public highways and farmers and land managers have no more entitlement to use them than any member of the public, provided always that they do not exceed their entitlement, stray off the road or damage the road or its surroundings.
As farmers and land managers rely heavily on vehicles in the course of their work, there is no reason why vehicles using green roads should should frighten livestock. In any event, livestock should not be left untended on any public highway.
Leaving gates open, littering and other irresponsible behaviour is not confined to motorists. During the height of the COVID-19 pandemic. the behaviour of visitors to the countryside, on foot and cycle, created massive problems for farmers and other landowners, ultimately resulting in a significant loss of permissive and ‘tolerated’ access for all visitors.
Care and repair - looking after the fabric of green roads
To put the management of green roads in perspective, all public highways, from roads to footpaths, are subject to wear and tear. On popular footpaths, such as the Pennine Way and the Mount Snowden paths, this entails expensive repairs.
Volunteer wardens on Snowdon say that over the years, literally millions of pounds have been spent on its paths, both in initially surfacing them and subsequently maintaining them. In the 1980s, £600,000 (equivalent to nearly £3m today) was spent on restoring the main six paths. But ongoing maintenance is needed and paths cost about £100 per metre to renovate. About 2,000 tons of stone is helicoptered annually, and helicopter hire can cost more than £10,000 a day.
For any highway maintainable at public expense, the highway authority has a statutory duty to repair the road and keep it to the common law standard of being in sufficient repair for the ‘ordinary traffic of the neighbourhood’. The standard is not high, but If maintenance and drainage are neglected, then unsealed roads almost inevitably get waterlogged and thereby more susceptible to vehicle impacts.
Highways with impermeable surfaces are the most resilient as water cannot penetrate and it is water that cause the greatest degradation, although it can be exacerbated through excessive wear or inappropriate use.
Green roads without any applied surface materials are the most vulnerable. Therefore more vulnerable roads, with permeable surfaces need more careful management. This can be achieved by making use of Traffic Regulation Orders. The motoring organisations will always support the proportional use of traffic regulation orders to protect the most vulnerable surfaces. Every year they donate thousands of volunteer hours and substantial funding to help reduce the cost of repairs and maintenance.
Practical ways of improving green roads for all
Anyone who uses a public highway, by whatever means, is subject to conditions on its use and a degree of statutory regulation. It is important to understand that green roads, like any other highways, are therefore not necessarily open to all traffic.
All highways are only open to traffic which does not commit a common-law nuisance or other offence. Such offences include: using vehicles of unreasonable size and character or calculated to intimidate others; racing; hindrance of the passage of others by negligence or misbehaviour.
The statutory regulation of traffic, which is exercised through Traffic Regulation Orders (TROs), has primarily evolved to address activity that exceeds the entitlement to use the highway, that hinders the right of others to use and enjoy the highway and to tackle nuisance or damage to people and properties bordering the highway.
TROs are a practicable and expedient way of managing traffic to optimise the safety, efficiency and enjoyment of public highways. They can be made for a variety of reasons and current legislation provides for several variants of the TRO, which range from temporary, one-off restrictions to more enduring TROs which can be used creatively in order to tailor them to the circumstances. The reason for making TROs and practical guidance on the creative use of them is detailed in LARA’s publication:
‘Managing Motor Vehicle Use in the Countryside – A Good Practice Guide to Traffic Management on Unsealed Public Roads’.
Implementing TROs need not be costly or contentious. Many authorities make effective and widely supported TROs at minimal cost. The rules do not provide for TROs to be quashed because of minor departures from the requirements and TROs will not be quashed unless there are grounds for believing that the process was substantially unfair.
TROs do not only have to be made one by one, road by road, local authorities already can, and often do, make omnibus orders, i.e. TROs that apply restrictions to several specified roads in a locality. Where there is a good objective evidence base and broad support, including from those who use of the road would be affected by the TRO, an order covering several roads can be a cost-effective option.
The key to all of this is effective partnership working, although it has to be recognised that there may be parties at both ends of the spectrum with views that cannot be reconciled. The process of making any TRO requires a meaningful consultation with those likely to be affected by it. And it requires the traffic management authority to follow the process prescribed by Parliament in the legislation.
The key motoring organisations have produced online dynamic digital maps of the green roads in England and Wales, with information about the drivability and suitability of each individual route. These could readily be adapted to any government ambitions. Decisions on drivability and suitability could be made by through partnership working between the motoring organisations and local and National Park authorities, within a framework of criteria agreed with government and those authorities. A successful working example of this sort of initiative is the Hierarchy of Trail Routes project in Cumbria and the Lake District.
Legislation - the last resort
Government protocols for implementing policy always say new legislation is the last and least favourable resort. There is good reason for this.
The drawback with using national legislation to implement any government policy is that it is invariably is a blunt instrument which inevitably brings unintended adverse consequences. It would be no less the case with using legislation to impose a total ban on motor vehicles from green roads. The sort of proposals currently being suggested would entail removing rights for motor vehicles from highways on public record as maintainable at public expense.
Since it is common practice for both solicitors and purchasers alike to rely on a highway being public maintainable as signifying that they can access their property, this means that many of those people would be threatened with losing access to their property. Exemptions for property owners have been suggested as a quick fix. But current exemptions to extinguishment rely on people being able to prove the prior existence of a right for motor vehicles, which would be daunting and costly prospect for the average householder.
Other people who currently use green roads for access to engage in country pursuits would also be adversely affected, including: angling, potholing, watersports, climbing, hang-gliding, shooting and anyone who would not be able to carry equipment for long distances on foot. Green roads often provide access to public and private car parks and support tourist and hospitality activities, such as the Kielder forest drives. In many cases motor-vehicle use and motor sport events are part of the nation’s unique cultural heritage of motoring, which is of international importance.
The Government’s own survey from the findings of the Landscapes Review revealed that 64% of the public, businesses and professional bodies opposed further restricting the use of motor vehicles on unsealed roads for recreational use; with personal liberty and inclusivity being primary drivers.
The Government response to the Landscapes Review went on the say “We believe that the current Traffic Regulation Order(TRO) process is legally robust enough to protect green lanes with carefully targeted local action to protect sensitive areas while allowing vehicle users to responsibly enjoy the countryside.”
The 2018 Select Committee review of the Natural Environment and Rural Communities (NERC) Act 2006 found that if the mechanism for making traffic regulation orders (TROs) was improved, that would go a long way to eradicating problems with motor vehicle use, where such problems exist.
LARA Green Road Code
Remember to always observe the LARA Green Road Code when using and enjoying green roads.
‘Use and Enjoy’ refers to section 130(1) of the Highways Act 1980, which says that: “It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway…”.