The decision by the TRF to take an ETRO (Experimental Traffic Regulation Order)to the High Court has proved successful. The High Court decision to revoke a traffic regulation order, which had removed vehicular access rights on a on a popular Welsh green road in Wrexham known as ‘Whitestones’ means that all recreational users
can again use the route in the normal way.

Whitestones, in Llansanffraid Glyn Ceiriog, Wrexham County Borough, is a popular route among trail riders and other recreational users. However, users have encountered problems on the route since 2016 when obstruc- tions and blockages started appearing in an attempt to discourage public use.

In May 2021 the Green Lane Association (GLASS) and the Land Access and Recreation Association (LARA) served notice on Wrexham Council that the highway was out of repair. This led to a period where the condition of the route was improved, with repairs carried out.

The GLASS ‘out of repair’ case remains ongoing but in April 2023 Wrexham County Borough Council resolved to issue an ETRO, which would prohibit the public from using vehicles on the Whitestones route, irrespective of its state of repair.

The ETRO was strongly challenged by the GLASS and the TRF. The TRF then took the case to the High Court, claiming, among other things, a failure of the Council to consult in accordance with the appropriate regulations. The Council has subsequently agreed, as confirmed by the High Court order, that the ETRO is now quashed, meaning that recreational users can again use the route.

John Vannuffel, TRF Technical Director, led the case: “The TRF welcomes Wrexham County Borough Council’s swift decision to consent to the quashing of the prohibition order and acceptance of a failure to consult the TRF as required. We appreciate Wrexham County Borough Council’s prompt response which has enabled costs for all parties to be reduced. The requirement to consult is baked in to legislation and statutory guidance. The law is adequate but the application of the law rests with traffic authorities exercising powers to restrict or prohibit traffic. Public authorities must hear the other side and not only listen to those pressuring for a prohibition or restriction.”

GLASS has also released a statement: “Whilst this is a significant victory in our fight against unfair exclusion of recreational users, GLASS is aware that local people’s attitudes towards the use of this route are mixed, and we wish to remind our members and other users that they are expected to observe the GLASS or TRF codes of conduct when using any green road.”