Hampshire County Council

Executive Member - Recreation & Heritage Item 1

20 November 2003

Traffic Regulation Order - Selborne Byway Open to All Traffic Number 68

Report of the Director of Recreation & Heritage

Contact: Richard Jackson, Ext 6891

1. Summary

1.1 The following decision is sought:

That authority is given to advertise the intention to make a traffic regulation order under Section 1 (1)(b)(c)(d) and (e) excluding all public motorised vehicular traffic from Selborne BOAT 68, between Grid Reference SU 7426 3377 and SU 7547 3441 (Points A and B on the enclosed map).

2. Reason

2.1 To safeguard the route for the types of user more suited to its character and location.

3. Other options considered and rejected

3.1 Monitoring program and period of informal voluntary restraint.

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 Not applicable

Approved by: (signature) Date: (date of decision)

.................................

Councillor J Waddington

Hampshire County Council

Executive Member - Recreation & Heritage Item 1

20 November 2003

Traffic Regulation Order - Selborne Byway Open to All Traffic Number 68

Report of the Director of Recreation & Heritage

Contact: Richard Jackson, Ext 6891

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 all public motorised vehicles over Selborne Byway Open to All Traffic (BOAT) number 68.

2. History and Background

2.1 In December 2002 Hampshire County Council began to receive letters of concern regarding the condition of Selborne BOAT 68 following an increase in the volume of traffic, particularly four- wheel drive vehicles.

2.2 As a result of the concerns a number of site visits were made by Officers to assess the condition of the track and to make proposals for management, including regular monitoring of the surface condition. This took place between 14 February 2003 and 20 June 2003.

2.3 The findings from this monitoring were that the deterioration of the route was continuing, and in the most severely damaged section the ruts were approximately 70cm deep forcing non motorised vehicular users off the definitive line to seek drier, less rutted ground. It was evident that the off-road vehicles were also venturing off the definitive line causing more heavy rutting on non highway land.

2.4 A schedule of works for repairs to the surface of the byway was produced and works began to consolidate the surface whilst the route was subject to a Temporary Closure. The current temporary closure is due to expire on 10 December 2003 and an extension is being sought to enable the remainder of the works to be carried out.

2.5 The whole of Selborne BOAT 68 lies within the Coombe Wood and The Lythe Site of Special Scientific Interest, which is a large tract of ancient woodland.

3. Traffic Management

3.1 Following discussions with various vehicular user groups, Wessex Hill Runners and the Land Access and Recreation Association (LARA), it was agreed that these groups would relay to their members that Selborne BOAT 68 should be avoided during the wetter winter months.

3.2 Even though this acted like a form of voluntary restraint the use continued. A local resident enquired to LARA as to whether the persistent offenders were known to them. The reply from LARA was that the vehicles sighted were not recognised by them as being members of LARA affiliated groups.

3.3 Whilst the scheduled repair work may produce a surface suitable for pedestrian and equine use it is unlikely to produce a surface which is capable of sustaining motorised vehicular traffic due to the poor ground conditions in the area.

3.4 Prior to the recent repair works the route was so heavily rutted that officers were also concerned about the safety of equestrian users both those on horseback and those driving carriages. It is hoped that following these works that the route will again be safe and available for use by equestrian users.

3.5 This case is a special case due to the nature of the historic surface. The County Archaeologist attended a site visit to assess the historical value of the route. His findings were that the track clearly has a cobbled surface, and local historical research has suggested that this was laid by the monks of Selborne Priory (Circa 14th Century). How much of the cobbling might be that old is impossible to say. It has been patched and repaired over the years and it is conceivable that if it were laid by the priory that it has been maintained as a paved road ever since, even if it is not possible to say how much of the fabric is medieval and how much is later repair. In any event the surface is unusual and is a rare surviving element of the historic environment and as such should not be needlessly or thoughtlessly removed.

4. Proposal

4.1 The proposed Traffic Regulation Order (TRO) would be to protect the route from sustaining such high levels of damage in the future whilst preserving this historic surface and preserving the character of the route.

4.2 The TRO proposed is to be made under the Road Traffic Regulation Act 1984 s 1 (1) (b), (c), (d), (e), (f). The wording from the act is laid out on page one of this report. The reasoning for the TRO is outlined in paragraphs 4.2.1, 4.2.2 and 4.2.3 below.

4.2.1 Prior to the recent maintenance works, the route sustained a large amount of damage due to the increased volume of motorised vehicular traffic along with the wet conditions and the lack of adequate drainage caused by the underlying ground conditions. It is felt that the route can no longer support such levels of use and that the maintenance works carried out will enable the route to be used by all users except those using motorised vehicles.

4.2.2 Prior to the maintenance works the route condition had deteriorated so badly that a temporary closure was required to safeguard users, especially those on horse or cycle. It is felt that the recent maintenance works will facilitate the passage on the route of any class of traffic other than motorised vehicles.

4.2.3 Due to the route passing through a Site of Special Scientific Interest and the special historic interest associated with the route it is felt that the use of motorised vehicles detracts from the character of the route.

4.3 The section of Selborne BOAT 68 which is to be considered for the placing of a TRO is from Huckers Cottage GR: SU 7426 3377 to its junction with Selborne 67 at Priory Lane GR: SU 7547 3441.

4.4 The TRO would be to regulate the use of Selborne BOAT 68 by all public motorised vehicles.

4.5 There is some deal of immediacy with this issue as it is hoped that some form of vehicle management will be in place when the current temporary closure expires (10 December 2003 with the possibility of the extension to 31 March 2004).

4.6 As yet there has been no consultation on the proposal. Advertising the proposal to make an order will give interested parties an opportunity to put their views to the County Council. These will be considered and a further report will be presented for your consideration prior to any order being made.

5. Conclusion

5.1 While the County Council have begun a maintenance schedule of works to repair and maintain Selborne BOAT 68 it is thought that due to the nature of the local conditions and the special historical interest with this route that it would be unsustainable for continued use by public motorised vehicles.

5.2 It is now the opinion of officers that a regulation order excluding all public motorised vehicles is the most appropriate way forward in terms of maintaining the route and its character.

6. Recommendation

6.1 That authority is given to advertise the intention to make a traffic regulation order under Section 1 (1)(b)(c)(d) and (e) excluding all public motorised vehicular traffic from Selborne BOAT 68, between Grid Reference SU 7426 3377 and SU 7547 3441.

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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