Archived decisions
Hampshire County Council
Executive Member - Recreation & Heritage Item 2
20 November 2003
Traffic Management - Byway Open to All Traffic, known as Sandy Lane, in the Parishes of Bramshill and Eversley
Report of the Director of Recreation & Heritage
Contact: Colin Piper Ext. 6043
1. Summary
1.1 The following decisions are sought:
i) To give authority for advertisement of a proposed Traffic Regulation Order
ii) To express grateful thanks to Colin Piper and the rest of the Rights of Way team for all their work on the matter
2. Reason
2.1 To prohibit use by public motorised vehicles over a new Byway Open to All Traffic called Sandy Lane in Bramshill.
3. Other options considered and rejected
Not applicable
4. Conflicts of interest declared by the decision maker or a member or officer consulted
4.1 None
5. Dispensation granted by the Standards Committee
5.1 Not applicable
6. Reason for the matter being dealt with if urgent
6.1 Desirable to restrict use of track before it is opened as a public highway
Approved by: (signature) Date: (date of decision)
.................................
Councillor J Waddington
Hampshire County Council
Executive Member - Recreation & Heritage Item 2
20 November 2003
Traffic Management - Byway Open to All Traffic, known as Sandy Lane, in the Parishes of Bramshill and Eversley
Report of the Director of Recreation & Heritage
Contact: Colin Piper Ext. 6043
ROAD TRAFFIC REGULATION ACT 1984
1. Traffic regulation orders outside Greater London
(1) An order under this section (in this Act referred to as a "traffic regulation order") may, subject to Parts I to III of Schedule 9 to this Act and to sub-section (4) below, be made as respects any road outside Greater London where it appears to the authority making the order that it is expedient to make it -
(a) for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or
(b) for preventing damage to the road or to any building on or near the road, or
(c) for facilitating the passage on any road or any other road of any class of traffic (including pedestrians), or
(d) for preventing use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or
(e) (without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or
(f) for preserving or improving the amenities of the area through which the road runs.
1. Summary
It is recommended that the County Council advertises its intention to make a Traffic Regulation Order to prohibit use by public motorised vehicles over a Byway Open to All Traffic called Sandy Lane in Bramshill and Eversley.
2. Reasons for the recommendation
2.1 On 27 January 2000, the Rights of Way Panel made a resolution to record a track in Bramshill and Eversley Parishes as a Byway Open to All Traffic. Concerns were expressed by officers that should this route be eventually confirmed as a Byway, there were potential problems with its use by motorised vehicles. For that reason officers recommended that the Council should advertise its intention to make a Traffic Regulation Order, prohibiting use by public motorised vehicles, at the same time as the making of the Map Modification Order to record the route as a Byway. An extract from that panel report which relates to the issue of traffic regulation is attached as Appendix 1.
2.2. The Map Modification Order and the intention to make the Traffic Regulation Order were both advertised in June 2000. The County Council received objections to, and comments in support of, the advertisement of the intention to impose a Traffic Regulation Order. These objections and supporting comments were considered by the Rights of Way Panel at their meeting on 28 September 2000. After debate members resolved to make the Order to prohibit public motorised vehicles, if and when the public status of Sandy Lane was confirmed as a Byway Open to All Traffic. The Panel report is attached as Appendix 2.
2.3 There were objections to the Map Modification Order which resulted in a public inquiry held in March/April 2001. The initial decision of the Inspector was to modify the order to record the path as a bridleway with a much reduced width. This modification of the order had to be advertised, and the County Council, and others, objected to the revised order because it was thought that the inspector had misdirected himself on the relevance and strength of the evidence and therefore had come to the wrong conclusions.
2.4 After a nine month wait, the second and final decision of the inspector was received on 16 September 2003. This time the Inspector confirmed the order of the County Council, as originally made back in 2000, namely to record a Byway Open to All Traffic with a minimum width of 9 metres. Although this order has been confirmed it is still open to anyone to question its validity by making an application to the High Court on the grounds that the correct legal procedures have not been adhered to. The expiry date for such a challenge is 14th November.
2.5 The length of time that it has taken to resolve this issue has created a problem with the imposition of a Traffic Regulation Order. The regulations specify that an Order cannot be made more than two years after the intention to make the order has been advertised. In the case of Sandy Lane that period is in excess of three years, therefore it is necessary to start the process again, from the beginning, if the order is to be legally imposed.
2.6 Although it has been more than three years since the decision of the members to advertise the Traffic Regulation Order, the reasons for doing so are still valid. Briefly, the track is not enclosed with boundary features therefore any vehicles that gain access to the track can easily can access to a wide swathe of land that includes numerous horse riding routes and areas of Special Scientific Interest. There is also a long history of problems associated with rubbish dumping, arson and motor bike scrambling in the area. Sandy Lane itself is heavily used by horse riders and it is considered that use by motorised vehicles is incompatible with this recreational use.
2.7 The recommended decision only relates to the advertisement of the intention to make a Traffic Regulation Order. Any comments that are received as a result of this notice must be considered by the Council before any decision is taken whether to prohibit certain usage.
3. Consultations
3.1 Local member, Councillor J Glen:
"I'd like to see the TRO applied as soon as possible."
3.2 Bramshill Parish Council:
"We hope that the process of getting a renewed TRO...will go through without further delay."
3.3 Eversley Parish Council:
"It is of paramount importance to us that use of the Lane is protected by a TRO..."
RECOMMENDATION
That authority be given to advertise the intention of Hampshire County Council to make a Traffic Regulation Order prohibiting all public motorised vehicles, having two or more wheels, from using Sandy Lane, on the grounds set out in paragraphs (a), (e) and (f) of Section 1 of the Road Traffic Regulation Act 1984.
Section 100 D - Local Government Act 1972 - background papers
The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.
NB the list excludes:
1. Published works
2. Documents which disclose exempt or confidential information as defined in the Act.
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