Pre 1930 rights – claims in the Lake District

update June 2009

Two major routes – Walna Scar Pass and Garburn Pass – are currently being contested at public or written inquiry. The argument is that motor vehicular rights were created by motorbikes just before 1930, which engages exemption from the NERC Act. Both are being argued to the contrary by GLPG, on the footing that the rights were created historically by horse and cart. Defra’s advice is that this (if proved) displaces the exemption clause because vehicular rights already existed , so could not have been generated by motor vehicles. As a point of law (as distinct from evidence) this was not disputed.