Brain Chase Coles wins ‘David v Goliath’ case against National Parks giant
June 2009
Geoff Wilson waves goodbye to the Traffic Regulation Order sign at Gorbeck Lane in the Yorkshire Dales National Park
Brain Chase Coles solicitors in Basingstoke are celebrating winning another landmark case against a major public authority in a real illustration of how it is possible to take on large public bodies and win justice for minority groups.
The Motoring Organisation’s Land Access and Recreation Association (LARA) appointed Margaret Stevenson, Partner of Brain Chase Coles to challenge the decision of the Yorkshire Dales National Park Authority to impose a full time ban on driving cars and motorbikes along certain lanes within the National Park.
This is the first case to be won in the UK since new legislation was put in place in 2006 regarding the powers that National Park Authorities have to impose Traffic Regulation Orders on routes within their areas. His Honour Judge Behrens QC found that Yorkshire Dales National Park Authority’s decision making was flawed in failing to give proper consideration to Section 122 of the Road Traffic Regulation Act 1984, that is the duty to secure ‘the expeditious, convenient and safe movement of vehicular traffic so far as is practicable in the light of specified statutory material.’ In addition it was found that an irrational approach was taken in connection with the decision making over certain routes.
The decision has implications both for National Parks across the country and also in the wider context for small organizations and individual members of the public to challenge decisions which affect them rather than simply bow to pressure from larger authorities.
Established in 1954, the Yorkshire Dales National Park covers 680 square miles of outstanding scenery to be enjoyed by walkers, bikers and recreational motor vehicles alike. The High Court ruled that the Yorkshire Dales National Park Authority had acted irrationally and without the necessary balance of considerations when applying Traffic Regulation Orders to the National Park.
Alan Kind, speaking on behalf of LARA, commented:
“LARA wishes to thank Margaret Stevenson and all her team at Brain Chase Coles for working
exceptionally hard to help achieve an outstanding result. They have managed the case with
skill and foresight, always keeping one jump ahead and I have no hesitation in recommending
them to anyone involved in similar cases.”
Margaret Stevenson, Partner and Head of Litigation at Brain Chase Coles, said:
“I am delighted that we have achieved a successful outcome to this matter. It is a prime
example of justice for a minority group over a major public body and I have very much enjoyed
working with LARA on this landmark High Court case. This Rights of Way case is just one
example of the expertise Brain Chase Coles has in Property Litigation and our ability to deal
with and win highly complex test cases. I thank our counsel Adrian Pay at New Square Chambers
for his excellent arguments and hope that in the future we can act for more organizations and
individuals in dispute with ‘mighty Goliaths’!!”
For further information about this case, please visit www.bailli.org/ew/cases/EWHC/admin/2009/1425.html or www.laragb.org
