Pikey
Dummy Ejection Facilitator..
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I have cut and pasted this from another forum. Basically the North York Moors National Park is trying to do a Yorkshire Dales and close all it's greenlanes to Vehicular traffic. Using catch all applications. This is despite the YDNP having just lost a legal appeal against it's closures. These closures are been promoted and led by the same group that forced the Dales ones thru. as it says in the OP it doesn't matter where you live you still have the right to object to the closures or even just to write and demand more information. I'd advise that you use the enclosed letter as a blueprint for you letter but please not a straight cut and paste as they will just ignore them if you do. Remember the more replies they have to make the more of an headache it becomes everytime they try to close a lane.
Recent experience in the High Courts has shown that if Councils and National Parks do not follow the correct procedure any TROs they implement can be overturned on appeal, therefore it is hoped that they will in future follow due process. Part of that process is to listen to and consider objections - but if they do not recieve them or receive too few compared to pro arguements then the TRO can go ahead regardless.
These are the latest proposals from NYMNP
U569 Great Moor Lane. SE94709-89431 to SE95324-89091 and
U618 Darncombe Keepers Cottage DarnHolme - Cum - Langdale End
Broxa-Cum-Troutdale. SE90794-87441 to SE91659-90066
U2420 Forest Road, U2422 Cowgate Rigg
U8122 Thorn Howe, Harwood Dale.
Reply by the 10th July.
The County Council has been asked to implement the following traffic control measure at the above locations.
Proposed Measures
Prohibition of motorised vehicles except for access to premises or land adjacent to the roads.
Reasons
a/ for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or
b/ for preventing damage to the road or to any building on or near the road, or
c/ for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or
d/ for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or
e/ (without predudice to the generality of paragragh (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or
f/ for preserving or improving the amenities of the area through which the road runs
The letter continues to state that if there are no significant objections the scheme will be implimented within six months.
Mr Les Parker
Highways North Yorkshire
Area 3 - Whitby Office
The Garth
White Leys Estate
Whitby YO21 3PD
Objections to be in by 10th July 2009
Or email: [email protected]
Or Tele: 0845 8727374
Shouldn't matter two hoots how far you live away, write as an individual as they have a habit of lumping all people from one organisations into just one objection rather than individual.
Mr Les Parker
I have been made aware of 5 proposed TROs in your area and would like further details please. The roads in question are as follows
U569 Great Moor Lane. SE94709-89431 to SE95324-89091
U618 Darncombe Keepers Cottage DarnHolme - Cum - Langdale End
Broxa-Cum-Troutdale. SE90794-87441 to SE91659-90066
U2420 Forest Road, U2422 Cowgate Rigg
U8122 Thorn Howe, Harwood Dale.
1: Could you please supply National Grid references for the start and end of those roads not so annotated please.
2: The list of "reasons" I have been sent is simply a list of the reasons that may be used, it does not state any evidence in how these reasons apply to the roads in question. Could you please explain further as to how each of these reasons apply to each of these roads in turn.
3: Has any consideration been given to the use of voluntary labour in repairing these roads. There is available a large number of individuals and clubs that could be drawn on to do such work, many with much experience in assisting other bodies in these works and with the relevant skills and insurance already in place.
4: Has any consideration been given to the use of seasonal or one way orders so as to avoid the use of the roads during the wettest of weather and/or avoid potentially more damaging uphill use. There are examples available throughout the rest of the country where such arrangements have and are working.
5: I would remind you that Prohibiting Motor Vehicle from the roads does not absolve the Authority from its responsibility to maintain the road at that level.
6: I would also like to draw your attention to the recent case in the High Court (Leeds) where YDNP had 4 of its orders over turned for essentially not following the correct procedure. I trust that the correct procedures will be complied with in the case of these 5 roads.
Recent experience in the High Courts has shown that if Councils and National Parks do not follow the correct procedure any TROs they implement can be overturned on appeal, therefore it is hoped that they will in future follow due process. Part of that process is to listen to and consider objections - but if they do not recieve them or receive too few compared to pro arguements then the TRO can go ahead regardless.
These are the latest proposals from NYMNP
U569 Great Moor Lane. SE94709-89431 to SE95324-89091 and
U618 Darncombe Keepers Cottage DarnHolme - Cum - Langdale End
Broxa-Cum-Troutdale. SE90794-87441 to SE91659-90066
U2420 Forest Road, U2422 Cowgate Rigg
U8122 Thorn Howe, Harwood Dale.
Reply by the 10th July.
The County Council has been asked to implement the following traffic control measure at the above locations.
Proposed Measures
Prohibition of motorised vehicles except for access to premises or land adjacent to the roads.
Reasons
a/ for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or
b/ for preventing damage to the road or to any building on or near the road, or
c/ for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or
d/ for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or
e/ (without predudice to the generality of paragragh (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or
f/ for preserving or improving the amenities of the area through which the road runs
The letter continues to state that if there are no significant objections the scheme will be implimented within six months.
Mr Les Parker
Highways North Yorkshire
Area 3 - Whitby Office
The Garth
White Leys Estate
Whitby YO21 3PD
Objections to be in by 10th July 2009
Or email: [email protected]
Or Tele: 0845 8727374
Shouldn't matter two hoots how far you live away, write as an individual as they have a habit of lumping all people from one organisations into just one objection rather than individual.
Mr Les Parker
I have been made aware of 5 proposed TROs in your area and would like further details please. The roads in question are as follows
U569 Great Moor Lane. SE94709-89431 to SE95324-89091
U618 Darncombe Keepers Cottage DarnHolme - Cum - Langdale End
Broxa-Cum-Troutdale. SE90794-87441 to SE91659-90066
U2420 Forest Road, U2422 Cowgate Rigg
U8122 Thorn Howe, Harwood Dale.
1: Could you please supply National Grid references for the start and end of those roads not so annotated please.
2: The list of "reasons" I have been sent is simply a list of the reasons that may be used, it does not state any evidence in how these reasons apply to the roads in question. Could you please explain further as to how each of these reasons apply to each of these roads in turn.
3: Has any consideration been given to the use of voluntary labour in repairing these roads. There is available a large number of individuals and clubs that could be drawn on to do such work, many with much experience in assisting other bodies in these works and with the relevant skills and insurance already in place.
4: Has any consideration been given to the use of seasonal or one way orders so as to avoid the use of the roads during the wettest of weather and/or avoid potentially more damaging uphill use. There are examples available throughout the rest of the country where such arrangements have and are working.
5: I would remind you that Prohibiting Motor Vehicle from the roads does not absolve the Authority from its responsibility to maintain the road at that level.
6: I would also like to draw your attention to the recent case in the High Court (Leeds) where YDNP had 4 of its orders over turned for essentially not following the correct procedure. I trust that the correct procedures will be complied with in the case of these 5 roads.
