Legal battle over fell route to rumble on as High Court quashes inspector's decision

The Lake District National Park Authority has pleaded with motorbike riders and 4x4 vehicle drivers not to use a popular off-road high level fell route until its status is finally resolved.

The call came after the High Court quashed a planning inspector’s decision that had opened up the Walna Scar route between Coniston and Seathwaite.

The reversal of that decision means that people taking motorised vehicles on the route will – once again – be committing a criminal offence.

The High Court ruling is the latest stage in a legal battle lasting more than three years since the national park concluded in 2007 that the route should be a restricted byway (for all traffic except motorised vehicles).

After objections were made and further evidence received, an independent planning inspector decided that the route was actually a Byway Open to All Traffic – including motor vehicles. On 15 June 2010 the route again became available for all traffic.

Following an appeal to the High Court, the inspector’s decision has been quashed. This means the whole process must start again.

An updated report should be presented to the park’s rights of way committee in January 2011.

The national park’s access and rights of way officer, Nick Thorne, said the authority will have to begin again the consultation process to re-examine the case.

He said: “Obviously the public status of the route has been thrown into doubt and I would appeal to all users to respect this position until the route’s status has finally been resolved.

“But people need to know that currently motorbike riders and 4x4 drivers will be breaking the law if they take their vehicles on the route between the fell wall above Coniston all the way to the tarmac road near Seathwaite.”