11 JANUARY 2006   CYCLING on Harrogate's Stray hasn't been totally ruled out by Harrogate Borough Council.  Having listened to recent public reaction about cycling on the Stray the council's Cabinet asked its professional officers to carry out investigations.

 

Officers were thanked last night for their very detailed report, which confirmed that to remove the current byelaw which prohibits cycling is a costly exercise and could take as long as twelve months because there would need to be a public inquiry. 

 

Before making a final decision on whether to proceed, the Cabinet has instead decided to wait to see if the Government carries through its promise to allow byelaws to be set by local rather than national government.  This could be known in as little as six months.

 

The Cabinet has now asked its officers to use those six months to carry out a full consultation with all sectors of the town and district including the Stray Defence and cycling groups, walkers, footballers and any other resident with an interest in the Stray.

 

The reported highlighted the investigations carried out regarding the legal process and Royal consent, costs of providing a possible shared footpath and cycle route (as recommended by Sustrans) and whether enough 'exchange land' could be found to comply with the terms of the Act.

 

Council Leader Mike Gardner speaking after last night's meeting said:  "Even if we eventually get the go-ahead to set our own byelaws, there are still hurdles to overcome.  The Duchy of Lancaster (the Queen) would have to approve any changes as it is her land and we would still have to find enough 'exchange' land under the terms of the Stray Act.  But we are also asking officers to look at whether it would be possible to introduce a cycle route on a phased basis. This would help with the finances as well as finding enough land to replace lost Stray land.  However, it is important too that we consider everyone's feelings about this and not just those that are keen to use The Stray to get about by bicycle."  More ...

 

The report also highlighted that funding of over £1.5million has been spent on cycling projects in Harrogate and Knaresborough since 2001 and a further £250,00 has been delivered at developers' expense as part of development proposals.  As a result, over 18 kilometres of off-road cycle route has been created which has, in turn, brought substantial additional lengths of quiet road into useful operation achieving the council's objectives set out in the Cycling Implementation plan.   ENDS

 

NOTE TO EDITORS:  The history and legal protection of the Stray goes back to the 18^th century and various Acts of Parliament and local byelaws ensure that the original intention of the Stray is maintained.  That is to ensure the continued free and uninhibited access to The Stray land.  The council, discharging its duties as custodians of The Stray {which land is actually owned by Her Majesty Queen Elizabeth as the Duchy of Lancaster and who must approve any encroachment of Stray land}, has to ensure that should any Stray land be taken for whatever purpose then an equal amount of land must be exchanged for that which is to be used.

 

The Stray Act requires that any areas of grass that are 'tarmacked' or 'enclosed' must be replaced by an equivalent area of 'tarmac' that is put back to grass.  Furthermore that land must be within 100 metres of the 'lost' land. 

 

A separate set of restrictions also requires the council to consider whether any  'enclosure' of Stray land was necessary or desirable 'for the purposes of health, recreation and enjoyment' but 'does not cause significant harm to the Stray's appearance or aspect' which could be the case if it were to light any potential cycle route.  ENDS