14 minute read
LANING LIFE
by Lauren Eaton
Much ado about PSPOs!
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(Public Space Protection Orders)
Every month many requests are put out via this column, and on social media, for questions from those in the laning community. These requests usually go unanswered, more's the pity as we’d welcome them with open arms, yet there are always hundreds of questions, discussions, accusations, and presumptions made on social media.
People do have questions that’s for sure! So we picked a few at random about the recent hot topic - the Ramsden Road PSPO and associated chatter. So log off Facebook for a while and read on to discover what is really going on. I’d get a brew at this point, it’s a long one!
They didn’t and they aren’t. This was an offer made to GLASS instead of a potential permanent closure, and it was made to us as we were the only 4x4 organisation present. Had it been refused the lane would have been closed to everyone permanently, but as it stands we now have the opportunity of six reviews over the three year term of the PSPO to continue negotiations.
No. GLASS will continue to fight for all users of vehicular rights of way where at all possible, this does not change that.
They were not. Early in the process other 4x4 organisations were involved, and attended meetings. They did not continue that involvement - why is not known.
Other organisations were included in the permit scheme, but then complained about that inclusion, and were then removed from it as their complaint requested.
Why does it matter? Anyone no longer within the organisation has no bearing on the current activities of the organisation. Decisions are made by majority vote anyway, so one person’s opinion is never overriding.
Anything an individual states on social media using their personal profile is their personal opinion, and they are welcome to have one. All important GLASS official statements are decided on by a committee, and for clarity are posted as GLASS, via our official national or regional pages, which are public and viewable to all.
Statements made by members (of any level) may not reflect those of the organisation, and that is fine as long as those statements do not bring anyone into disrepute.
These arguments are not ‘case-winners’ when discussing matters with local authorities and other stakeholders. The content of these statements is also well known by all parties without them needing to be told; no TRO or PSPO case could or would be won on these terms. Discussions are of a far more involved nature than stating obvious and cliched statements to professional rights of way managers and managing authorities.
Of course they come up in discussion, and the rights of responsible users will always be fought for, but sometimes there is simply too much irresponsible use to not take extreme measures to stop it, and sadly that can affect those who do not deserve to be penalised. This is the fault of those irresponsible users though, and not those who make every effort to manage their behaviour without resorting to wider prohibitive measures unless absolutely necessary.
It isn’t. Matters pertaining to public roads are public, they have to be. An order cannot legally be enforced if it is not published where interested parties can see the full details of said order. The process also must go to public consultation.
It is not always possible to share information until decisions have been made and agreed on before they are put out for public consultation. This is not secrecy as the results will be published to everyone eventually, it is a matter of due legal process.
It also stops misunderstandings, if we were to report back on every meeting that happened there would be dozens of differing stories flying around social media! It’s bad enough when only one (the final agreed) version is published!
Things change over time, so until there is concrete information available it is not published partly due to professionalism and partly due to process. If GLASS over stepped that mark we would not be invited back to represent the 4x4 community at all and lanes would be lost to us all without any representation.
This information is public, it has to be by law. Anyone can find it and therefore GLASS has no access to any additional information or requirement to share it beyond updating their route planning tool Trailwise2. If other organisations wish to discover this information they can do so in the same way GLASS does, if they fail to find public information that is not the responsibility of GLASS.
This scheme has been scrapped, although some historic VRs (mostly one ways) will remain. This information is shared on GLASS social media as well as on Trailwise2 and via signage on the relevant lanes where LAs agree to them being installed.
VRs are simply a polite request to our membership and other responsible laners and were designed to avoid cost, red tape, and reduce the time lanes are restricted for (in the case of temporary closures) while fostering positive relationships with local authorities, they are not a legal prohibition.
Due to the bickering on social media over VRs being ‘useless’ or ‘secretive’ in future more clear-cut and stringent legal restrictions will be used, these will be public information from source (local authority) and will be policed under Section 59, but sadly this may mean closures may last longer as legal process must be followed by local authorities.
Because it would be very costly and unlikely to win, if we lost then a permanent TRO could be used instead. It would also be very bad form at this point and destroy years of fostering a good relationship with the LA, this is the only reason that lane is not closed permanently to all today and that there is still a chance that things will change in future.
An ETRO (Experimental TRO) was already fought against by GLASS and we won. But that case left the option for a further TRO to be implemented without a full consultation period. The reason for this is a consultation had already taken place. We fully expected that a TRO would be used on the lane soon after the court win, but thanks to the local authority working with GLASS rather than against us a better, albeit not perfect, solution was offered. It may not be ideal, but it is better than the alternative, and gives us the opportunity to continue to fight for the rights of others.
It isn’t. Anyone can join to simply use our resources, or if they wish to get more involved become a rep or part of a team if they have the necessary skills or are willing to learn. We really need more people! We’d love it if we received more requests to come on board!
In this case presumably this question is aimed at the members/affiliates only permit scheme? This is not an elitist ‘statement’ from GLASS, this is simply the best option on a very worn out table at this point. If we had refused it then no one would get to drive the lane ever again. As things stand there will be six reviews during the term of the three year PSPO.
Everyone, GLASS members included, were advised about the details of the PSPO at the same time via our public national page as soon as it became possible for GLASS to release the information - basically once it went public prior to the consultation period. I’m the Comms Officer, and even I didn’t know the full details until I read the documents only minutes prior to sharing them. As I have stated above there is a process to follow and GLASS cannot step outside due process. If anyone requires further information they can easily request it via the list of all GLASS contact information on the website, or they can submit a Freedom of Information request to the local authority.
There is no need to tag me in any posts to gain an answer, I’m very easy to contact! All my GLASS emails are public. Only GLASS emails are official communications channels, my personal profile is just that, personal.
As for me being a “gobsh*te”. It is my role to speak for an organisation, and as an executive officer I have a duty of care to our reps. This may mean correcting online information/ comments, sharing things I have had no involvement in, would rather not share at all, or that I may not personally agree with, but if it’s happening, or I’ve been outvoted, I have to accept it, suck it up and do my job.
What people haven’t asked:
A PSPO is a Public Space Protection Order and is used in public places to help to prevent or prosecute anti-social behaviour.
These orders are temporary, lasting a maximum of three years although they can be extended, with periodic reviews throughout their terms. In the case of Ramsden Road these reviews will take place every six months. At these reviews terms can be relaxed, made more stringent, removed, amended, or additional terms added.
The specific terms can be written to address the nature of the individual case, there is no ‘one size fits all’ PSPO.
Generally speaking yes, although that very much depends on what happens next.
Yes! For now at least.
Yes, if the reasons the PSPO has been enforced do not improve then a proposed permanent TRO is very likely indeed.
Not exactly, this is not the first of its kind, it is just the first that pertains to 4x4s rather than motorcycles. It does not set a precedent within GLASS, local authorities may choose to use them instead of TROs, but they have always had that option and this does not change that. The benefit of a PSPO is that unlike a TRO it is not permanent and can be changed.
Yes!
Hopefully not, but we cannot know what the future will bring, what happens next depends on how people use the lane from now on, and how they represent the laning community, both on the lane and online in the public domain.
Ramsden Road is an ancient byway in the Kirklees district of West Yorkshire, and its use can be traced back to the 13th century.
In recent years it has fallen into disrepair through lack of maintenance and failure to address drainage issues when repairs have been carried out. The area is a catchment for three reservoirs and as such encounters large volumes of water runoff.
Several years ago due to irresponsible usage that compounded the problems, Kirklees Council attempted to close the lane under an Experimental Traffic Regulation Order, but after taking them to court GLASS got this overturned.
Since then the behaviour on the lane has not improved, and that is why we are here now. Something simply must be done to manage the problems, and possible solutions are becoming thin on the ground.
Once the PSPO order is active 4x4 users who are eligible will be able to apply for a permit and drive the lane. Motorcycles are exempt.
If those who drive the lane are responsible, and if no one makes efforts to cause a problem, gain illegal access, etc, then discussions may possibly allow a relaxation of the scheme in future, but nothing is certain as everything relies on how users behave and what the LA decides.
The only certainty is that any poor or illegal behaviour in the area, or negative advertisement of the 4x4 community pertaining to this lane on social media is not going to help, and could very easily lead to far more stringent restrictions or complete closure. Remember that TRO without consultation? It still hangs above our heads like a dark cloud!
What can you do to help?
The most important things you can do are:
» Lane responsibly and legally
» Be polite to other users and local residents, in person and online
» Always represent and promote the 4x4 community in the best light when laning or on social media
» Encourage others to do the above
» Ignore people who have no experience of a matter except for commenting on Facebook, and (directly) ask GLASS what GLASS are doing, and why they are doing it!
It would be great if you could:
» Get involved with organisations, and/or the processes that affect our community
» Engage with a process before the end and ask useful proactive questions - understanding will help to clarify what is going on, why, and what is likely to happen next
» Become familiar with the laws that pertain to our hobby and rights of access
If you really want to make a difference:
» Join an organisation, become a rep and learn about and see these processes from start to finish for yourself. Own your ideas and drive them forward for the benefit of our community!
Situations like this are always going to be contentious, but as there is still an opportunity left to fight, what's important now is what happens next, how we react to it, what we learn from it, and how we move forward.
Anger, speculation or presumptions have no place in legal processes, it is only a calm head and an educated well researched standpoint that will make real change happen.
This is the most difficult thing about representing a hobby we are passionate about, it isn’t easy to separate our emotions from our roles, but without doing so we would lose every case!
As it stands we win more than we do not, and that is testament to those who stick their heads above the parapet to be shot at from both sides and yet still manage to rise above it and remain professional.
This is the hardest fight we have to face. Antis are one thing, but we are used to going head to head with them, and can evidence our counter-arguments.
What is the most difficult, and the most damaging, fight for our community is the ‘enemy within’, those who refuse to stop their internal vitriol against those fighting for their rights.
As seen in pretty much every forum
None of these people stand up to be counted where it matters, they simply tear strips off the hard work of others through unfounded claims, ignorance and personal bias against organisations and/or individuals - this is EXACTLY the same thing the antis do!
Parts of our community do the antis job for them, the most vocal anti-4x4 groups use this information against our community and rub their hands with glee while they do so.
Be part of the solution not the problem!
You don’t need to be a GLASS member to do so, but at the very least communicating with organisations respectfully will mean that your voice is used for beneficial reasons rather than as ammunition against the hobby we all want to protect.
None of us individually have the knowledge, time, money or resources to fight alone, it is only when we come together that we have any hope to change our future.
That’s all for this month folks!
Happy laning! Lauren x
