28 Jan 2024
A heated row has broken out over whether heavy lorries are allowed to use a single-track country route to access the Park Street rail freight terminal site.
Beningfield Drive is a historically frequented bridleway for the use of walkers, horses and cyclists. It is reached from Ventura Park industrial estate, to access various sites including Frogmore Fishery and farmhouses, and as a shortcut to London Colney.
Since April 2023 it has also been used for large lorries laden with hardcore operated by Volker Fitzpatrick – a contractor employed by rail freight developer Segro – to reach land beyond newly installed metal gates installed half-way down the bridleway.
The owner of a local farmhouse, who has requested anonymity, is concerned about the movements: “To my sheer amazement, there was not a single letter, knock on the door, nor any signpost notifications hinted at the impending works to take place. Astonishingly, I had to personally approach Segro to understand why their vehicles were consistently navigating the narrow single lane bridleway every day.”
Segro assured the resident that this was a short-term issue and work would be finished within three months.
But by August 2023, the bridleway had transformed into a bustling highway for construction vehicles, leading to unsuccessful attempts to seek resolution via emails to Segro.
The resident said his queries regarding the bridleway’s transformation into a highway, new signage and the sudden appearance of a canine enforcement unit placard were all largely ignored.
His formal requests for comprehensive assessments, risk evaluations and documented permissions were also disregarded.
Following discussions with Herts county council, the resident claims to have received an email confirming that driving a motorised vehicle on a definitive bridleway without authorisation is illegal under Section 34 of the Road Traffic Act 1988.
He has demanded to see proof that Segro has the same permission he and his visitors have giving them explicit rights for the use of motorised vehicles along Beningfield Drive.
But Herts county council, acting as the highways authority for the road, told the St Albans Times that Segro and its contractors are acting within their rights.
A spokesperson said: “Hertfordshire County Council are aware of various access rights Segro and their contractors have in relation to the Radlett SFRI. These are private rights to use land and are not in breach of the Road Traffic Act.
“There is a 1958 deed granting right of way across what is now HCC rural estate land. Segro conducted a risk assessment for the access from Shenley Lane across the rural estates track, and we did notify our tenants in advance. To date, we have not had any issues reported to us in relation to the alleged behaviour of contractors.
“If there is damage to the bridleway we will work with all parties involved to restore to original condition. Officers will visit the site to ensure that the gates are located on Segro land and to survey the condition of the bridleway.”
A Segro spokesperson confirmed their position: “Benningfield Drive is a bridleway with rights of access to landowners along the lane. Segro has been conveyed rights of access as part of our recent land purchase, which we understand are similar to those in place for Springfield Farm, Tarmac, Network Rail and the fishing club which also use the lane for vehicle access.
“Notwithstanding this, Segro has kept site access via the lane to a minimum as most of our plant and people enter via the A414 access to the north of the site. In the long term there will be very little need for Segro to use the lane once the proposed rail underpass is built, which is scheduled for December 2024.
“We have been in contact with this resident since April 2023 about the use of the bridleway for vehicles and the gated access on Benningfield Drive. As part of this dialogue, the resident helped Segro identify gaps in the fence which we repaired, and we improved security with a 24-hour guard at the access gate which has prevented scrambler motorbikes illegally accessing the land and further fly tipping.
“Segro has already spent thousands of pounds cleaning the site and installing the security gate and fencing repairs, and will be undertaking further works include improving the gravel surface.
“It should be noted that there is regular traffic on the lane from other parties, including the fishing club, Tarmac and Network Rail as well as Springfield Farm, which is also supplied using HGVs and vans. The bridleway is not a private gated access route and can be used legally by anyone who has an interest in the land adjoining the lane or their visitors.”
