Overturning an overly restrictive TRO
Just south of Whitby, North Yorkshire, lies a gem of a green road, half a mile of classic pristine wooded lane. For three years, after irresponsible vehicular use, a TRO ruled Seggimire Lane off limits to all vehicles. In 2016 Teesside & North Yorkshire TRF led a campaign to re-open the lane to responsible use by trail bikes. Dick Brew explains how the case unfolded and why it's important for all trail riders to enjoy this little bit of Yorkshire with care and respect.
Seggimire Lane runs from its northern junction with Tom Bell Lane, Ugglebarnaby, downhill to its end at Throstle Nest, Littlebeck. During the winter of 2012/13 a group of 4x4s attempted to drive down the lane, but became stuck due to natural pinch point width restrictions. In their attempts to turn round and extricate their vehicles, they caused considerable damage, including moving and using ancient stone trods to gain more traction.
Temporary restriction...
An 18-month Temporary Traffic Regulation Order (TTRO) was put into place in January 2013, banning all Mechanically Propelled Vehicles (MPV) from using Seggimire Lane. At that time, Leo Crone, our group’s Rights of Way Officer, and TRF legend, sat on the North York Moors National Park Authority Land Access Forum and its associated Unsurfaced Route Management Group (URMAG). They carried out a site visit, and their findings resulted in a recommendation that four-wheeled vehicles should be permanently prohibited, and that the lane should be made one-way downhill (north to south) for solo motorcycles through voluntary restraint. This was initially accepted by the Parks and NYCC.
The initial report that supported the original TTRO and the URMAG recommendations, was written by a National Parks officer, prior to responsibility for PRoW and UUR’s being handed back to NYCC.
...permanent restriction...
The TTRO was then extended for another 18 months, and a public consultation took place. The findings were duly considered by the Council, who then made a decision to set a permanent TRO, closing the lane to all MPV’s (including solo motorcycles). This was challenged, and a further six month extension to the TTRO was put in place, and a second public consultation took place. The subsequent 45-page report was highly biased, claiming that motorcycles travelled along the lane at 60mph, there was restricted visibility and that the lane was not sustainable if used by MPV’s.
NYCC changed their initial stated position to allow solo motorcycles on the grounds of funding cuts (unable to monitor usage), unenforceable voluntary restraint, video evidence of motorcycle illegal usage (never verified), and safety grounds (possible physical conflict between users).
T&NY TRF produced a detailed Condition Report, including photographic evidence that supported the use of the lane by motorcycles, and offered solutions and compromises to the misconceived issues that had been raised by the Parks and the Council.
...restriction overturned!
However, the report was never submitted as by this time John Vannuffel, and the TRF legal team, had become involved. TRF Counsel found many legal faults in the TRO process, and therefore decided to challenge this unjust and unnecessary TRO in the courts; and ultimately succeeded in overturning the Order.
Once we had been given the nod by JV that the TRO had been overturned, no time was wasted in riding it, and indeed it featured in the 2017 Magical Moors Guided Trail Riding Camping Weekend. In the view of the Teesside & North Yorkshire TRF riders the lane is an half mile of classic, pristine, wooded green lane, which includes three small river crossings – an absolute joy to ride.
A tremendous amount of time, effort and expense was expended on saving this gem. The TRF’s intervention saved yet another historic highway, and is testament to what the Fellowship stands for and can achieve.
Although Seggimire is now open, the prospect of irresponsible 4×4 use has not been addressed, despite the TRF notifying NYCC that it would not object to a 4×4 TRO. The lane is quite narrow, and is used by horse riders, cyclists, dog walkers and ramblers; there is also evidence that cattle are taken down it to drink at the beck.
Riders should therefore at all times be aware of other user groups, and ride with consideration and respect. If you meet a horse and rider, pull over and switch off your engine, offering to remove your helmet if the horse appears particularly nervous (they like to see a human face?!). A friendly greeting to other users you meet, even if not reciprocated, sets us in a good light. Ridden responsibly, and to the TRF’s Code of Conduct, this lane will remain sustainable for the foreseeable future. Please ride respectfully and be courteous to other users – it’s in everyone’s best interest.
