Hampshire County Council

Executive Member - Recreation and Heritage Item 11

18^th July 2002

Recreation and Heritage Department - Extension of Traffic Regulation Order

Report of the Director of Recreation and Heritage

Contact: Sylvia Seeliger Ext: 6349

1. Summary

The following decisions are sought:-

1.1 That Minute 4(b) of the minutes of the Rights of Way Panel held on 19^th July 2001 be rescinded.

1.2 That notice be given of the County Council's intention to make an order under Sections 1, 2 and 3 of the Road Traffic Regulation Act 1984, the effect of which will be, in the event that the status of the route is confirmed as a Byway Open to All Traffic, to prohibit all motor vehicles from proceeding in that length of Crawley Bridleway 7 and Littleton and Harestock Bridleway between its junction with the road U172 at New Barn and its junction with the road C223 west of Lower Farm.

2. Reasons for the Recommendation

2.1 At a meeting of the Rights of Way Panel on 19^th July 2001, it was resolved to make an Order under section 53 of the Wildlife and Countryside Act 1981 to upgrade Crawley Bridleway 7 and Littleton and Harestock Bridleway 2 to byway open to all traffic. It was also resolved (Minute 4b) that notice be given of the County Council's intention to make a Traffic Regulation Order to prohibit all motor vehicles from proceeding on the route between grid references 444120 134815 and 444762 134156, that is the wooded section, where the route is overgrown and there are mature trees and well established flora.

2.2 The grounds on which such an Order can be made under section 1 of the Road Traffic Regulation Act 1984 which are applicable to this route are `for preventing damage to the road...' [(b)] and `for preserving or improving the amenities of the area through which the road runs' [(g)], though other sub-sections may also apply.

2.3 There have been a number of objections, since the advertising of the Order to upgrade the route to byway, that the placing of a Traffic Regulation Order only on the wooded section of the this route will cause a great deal of damage where those vehicles driving up, from either end, will have to turn their vehicles to go back the way they came. There are also fears that some drivers, having reached the wooded section, and discovering the Traffic Regulation Order signs, will attempt to drive on through the woodland potentially causing further damage. Two of the objectors have provided evidence that, on 26^th May 2002, drivers have attempted to drive vehicles up the bridleways, it is thought prompted by the presence of the Order notices.

2.4 These objections can be overcome by the extension of the Traffic Regulation Order to the whole of the route affected by the Wildlife and Countryside Act Order, and to enable the intention order to be advertised prior to confirmation of the route as a Byway. This will enable the Traffic Regulation Order to be made swiftly should the Definitive Map Modification Order be confirmed.

3. Other options considered and rejected

It has been suggested by some of the objectors that the Traffic Regulation Order should be imposed before the Order to upgrade to byway is confirmed. This option has been rejected because it is felt that the attempts to drive up the bridleways were prompted by the Order announcing the intention to upgrade. If the Order is not confirmed, then it remains an offence to drive on a bridleway without lawful authority.

4. Conflicts of interest declared by the decision make, or a member or officer consulted

Not applicable.

5. Dispensation granted by the Standards Committee

Not applicable.

6. Reasons for matter being dealt with, if urgent

Not applicable.

Approved by Date of Decision

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Cllr. J. Waddington