Tilberthwaite: Judicial Review

Lake District National Park Authority said

“On 21 August 2020 the Honourable Mr Justice Dove dismissed the Green Lanes Environmental Action Movement’s application for judicial review. The Judgement dismissed the claim on all three grounds; supporting and vindicating our approach to the Sandford principle, our approach to the survey and consultation, the manner in which the matter was presented to committee and the decision reached.”

On 8 October 2019 the Authority agreed that Tilberthwaite Road (U5001) should be maintained in its current condition by our partner Cumbria County Council and that we create a partnership management group of invited key partners and stakeholders to work collaboratively to monitor usage and condition; undertaking necessary activities to help mitigate any new issues that may arise. And for the High Oxen Fell Road (U5004), again Cumbria County Council maintains the road surface at its current condition, and we work with them and the National Trust to monitor surface condition.

Prior to the application for judicial review by GLEAM we were looking to bring together, in early 2020, the various interested parties to form a management group (for U5001). This group would operate through consensus and its membership would steer and monitor a fully collaborative approach to the establishment and proving of a long-term sustainable management regime for the unsealed section of the U5001 public road (High Tilberthwaite to Fell Foot). The activities of such a task and finish group could include - continued monitoring of use, attitudes, surface condition. It would also look to ensure appropriate maintenance is provided and would contribute to development of a project that tests and agrees at a point in time the adequacy of the management approach for the road.

Given the judicial review we felt it was inappropriate to form the management group prior to the judicial review being determined. And since that time we have had to focus our attention on managing the national park in light of the needs and impact of Covid-19. In this context we need to review the timing and formation of the group to ensure we deploy our resources to the highest priorities across the park and make sure that such a group can work effectively in partnership. Given monitoring of the route use and its condition is on-going and our focus on general visitor management is necessary - it is likely we will look to establish the working group early in 2021.”

The Judicial Review decision can be found here.

More on the green lanes at Tilberthwaite and High Oxen Fell