High Court quashes council decision to close byway near Aspley Heath

Sandy Lane has reopened to all traffic, and the council confirmed it would take advice on the High Court ruling before considering its next steps.

The Green Lane Association wanted to reinstate the route, which is situated between Aspley Heath and Woburn Sands. It successfully secured a court judgment quashing an experimental traffic regulation order (ETRO) imposed by the council on Sandy Lane.

The court also instructed CBC to pay the association’s legal costs, as its decision was found unlawful on all grounds. This was the council’s second attempt to close Sandy Lane, according to the association.

A previous ETRO had been quashed by consent previously, and the High Court noted this background when assessing the lawfulness of the new order, said the campaign group.

“The High Court decided CBC’s ETRO closing Sandy Lane to motorised vehicles didn’t satisfy statutory pre-conditions for making such a regulation.

“For example the effects of the prohibition on people with protected characteristics weren’t considered, and the council hadn’t shown that the closure was genuinely experimental.”

Director of the association Chris Mitchell explained: “This judgment confirms that CBC didn’t follow the law.

“The High Court has made it clear that public authorities must act fairly, consult properly and base decisions on sound evidence. The council fell short of those basic standards.

“We’ve always been ready to work constructively with local authorities. What we cannot accept is decision‑making that bypasses due process and excludes legitimate users.

“Taxpayers’ money has been spent on legal costs as it stands, rather than on essential services for the residents of Central Bedfordshire. This was an outcome which was entirely avoidable.

“This association plans to maintain close contact with the local authority to help identify constructive ways to maintain and protect this route, as well as other green lanes in the area, for all user groups.”

The two-day hearing took place in December, although the judgement was released earlier this month.

CBC’s executive member for finance and highways and Independent Aspley and Woburn councillor John Baker said: “The council acknowledges the High Court’s decision to quash the ETRO on Sandy Lane.

“The order was introduced in response to concerns raised by residents, Aspley Heath Parish Council and others about damage to the byway and anti‑social behaviour.

“The Court has reached a different view on the legal basis for the order. Sandy Lane has been reopened to all traffic, and CBC is taking advice on the judgment before considering its next steps.

“We remain committed to working with all user groups and local communities to ensure the byway is safe, accessible and appropriately maintained.”

The association is a national not-for-profit organisation founded in 1995, with more than 6,000 members, it added. “Since its inception, the organisation has been dedicated to promoting inclusive countryside access for all users through education, improvement works and legal action.

“Our core belief is that everyone has a right to access the countryside and to share multi-user public rights of way, without prejudice to ability or method of travel.”