5 December 2002
Closure/diversion of Bridleways at US Space Command, Fylingdales 

8, Somerville Terrace,
East Busk Lane,
Otley.
LS21 1HS

5th December 2002

Mrs V Dilcock,
Chief Planning Officer,
North York Moors National Park Authority,
The Old Vicarage,
Helmsley.
YO62 5BP

Your ref: GAC/5050/5/24
Public rights of Way Officer,
North York Moors National Park Authority,
Old Vicarage,
Bondgate,
Helmsley. YO62 5BP

Dear Miss Coop,

Re: Closure/diversion of Bridleways at US Space Command, Fylingdales:

I am appreciative of the consideration and courtesy of your detailed reply, which I felt addressed my complaints. Thank you for the copy of the Report to the Park Services Committee.

I should like to submit further representation:

I am somewhat surprised that the North York Moors National Park Authority appears to condone the misconduct of the Ministry of Defence in this matter.

For over 40 years the MoD violated the Law (the 1949 National Parks and Access to the Countryside Act), by preventing public access to the ancient rights of way. Since 1986 it has been a criminal offence, under the Fylingdales Byelaws, to exercise the right to walk on the bridleways. They have been physically obstructed in places with security fences, which now includes an electrified fence erected in 1999.

On four occasions in 2002, MoD Police Officers prevented me from exercising my right to walk along legal public rights of way outside the fenced 'Secure Area'. I have a detailed record of the incidents if required.

The MoD has closed the sections of bridleway which enter the 'Secure Area' through the fences, which is said to be authorised by the Defence Lands Act 1842. It is unlawful to misuse of an Act of Parliament for a purpose for which the Act was not intended.

The Parliament, which passed the Defence Lands Act 1842, consisted mainly of landowners, whose intention was to curb the powers of the War Ministry. It was an Act, which removed powers from the Secretary of State and curtailed the power to exclude the public from the land, except for protecting the public from danger and regulating the land, when it was being used for cavalry manoeuvres, etc.

The only justification for the MoD to apply to the North Yorkshire County Council Highways' Authority, for closure of the remaining section of the 'Robin Hood's Bay Salt Road', under the Highways' Act 1980, would be because its closure is necessary to allow construction of the 'Star Wars', US National Missile Defense System X-Band Radar. An examination of the topography of the area indicates that the X-Band Radar cannot be located elsewhere.

The bridleway may be closed only for national security purposes. No such justification currently exists in this case, unless, as we know, the decision to go ahead with 'Star Wars' has already been made in secret.

The suggestion in the Report that '…there is potential for significant public gain by the creation of bridleways on the Ministry of Defence estate to mitigate the loss of the cul-de-sac…' is unacceptable in that it suggests improper collusion with the MoD's violation of the law. The NYMNPA and the NYCC should not be involved with a 'deal', which makes them complicit. They must have 'clean hands'.

The only lawfully proper solution would be to instruct the MoD to divert the fences, so that they do not obstruct the rights of way. There is no reason why this cannot be effected, apart from minor expense and inconvenience to US Space Command.

I look forward to the day when the Fylingdales BMEWS base is removed from the North York Moors National Park and the rights of way restored.

Yours sincerely,   Anne Lee.

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