Hampshire County Council

Executive Member - Recreation and Heritage Item 14

13 May 2004

Traffic Regulation Order - 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 decision is sought:

That a Traffic Regulation Order be made to prohibit use of public motorised vehicles from using Sandy Lane in the parishes of Bramshill and Eversley under Section 1 (1) (a)(e) and (f) of the Road Traffic Regulation Act 1984.

2. Reason

2.1 To safeguard the route for the types of users more suited to its character and location. This complies with Aim 2 of the Corporate Strategy which is designed to protect the environment.

3. Other options considered and rejected

3.1 Monitoring programme and period of informal voluntary restraint.

4. Conflicts of interest declared by the decision maker or other Executive Member 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 and Heritage Item 14

13 May 2004

Traffic Regulation Order - 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

On 20 November 2003 the Executive Member for Recreation and Heritage approved the advertisement of the County Council's intention to make a Traffic Regulation Order preventing use of Sandy Lane, Bramshill by the public in motorised vehicles. The proposal was advertised on 23^rd January of this year. This report considers the objections to, and support for, the order and recommends that the order be implemented.

2. Background

2.1 The public status of Sandy Lane is still to be resolved. Following a public inquiry held in 2001, the Inspector decided, eventually, to confirm a Map Modification Order, made by the County Council, to record the lane as a Byway Open to All Traffic. This decision is subject to a statutory review by the High Court and it is anticipated that the hearing will take place soon.

2.2 The history and character of Sandy Lane is not typical of "green lanes" in general. There is clear evidence that it was constructed in the 1860s, by the then landowner, as a convenience to the public; a short-cut for traffic wishing to travel on a north-south axis. However, the lane was never made-up or recognised by the highway authority as a public highway but there is evidence of use by the public on foot, bicycle and horse until the present day and in vehicles up to the 1950s. In that decade, use of the lane was restricted and controlled by the Forestry Commission, who leased the adjoining land for timber plantations.

2.3 Extensive gravel extraction has taken place on both sides of the track but this has now ceased and the land is being restored and replanted after many years of disruption. The character of the area has changed significantly in the last few decades with the emphasis now on public access and recreation rather than commercial activity. There are riding stables and a large number of horses in the vicinity, and Sandy Lane is an important part of an extensive network of riding routes in the Forest of Eversley. Sandy Lane enables walkers, cyclists and horse riders to gain access to a large area of heath and plantations within which there are numerous well-used, mostly permissive, paths and tracks.

2.4 For the last 50 years, with the exception of Forestry Commission traffic, there has been no vehicular use of Sandy Lane. Recreational use by walkers, cyclists and horse riders has grown with the beneficial changes to the landscape, to the extent that it is now a very attractive area with all of the land, including the track, being designated as a Site of Special Scientific Interest. New housing development to the east of Bramshill has resulted in greater demand from the public for quiet enjoyment of the countryside and Bramshill Plantation goes some way towards fulfilling that need.

2.5 The reasons for proposing the Traffic Regulation Order are, briefly, as follows. 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 the officers considered that use by motorised vehicles is incompatible with this recreational use.

3. Representations to the proposed order

3.1 As a result of advertising the intention to make the Order, the County Council received 48 letters and e-mails, and a petition, commenting on the proposed course of action. The majority of the correspondents were supportive of the banning of motorised vehicles but there is a significant minority who oppose such a move. The letters, e-mails and petition can be viewed at the Rights of Way office in Mottisfont Court.

Objectors

3.2 The County Council received 16 letters and e-mails objecting to the proposed prohibition. At least seven of the responses are from motor bike users who belong to the Trail Riders Fellowship and live within 10 miles of the lane. There are letters from the County representatives of LARA, the All Wheel Drive Club and the Auto Cycle Union. There is one letter from a local resident, Mr Handley, whose family supplied evidence of vehicular use to the public inquiry. The objectors make similar, main points, namely - motorists and horse riders can co-exist, the order will penalise law abiding recreational motorists and the road has been obstructed therefore there is no evidence of damage or disturbance.

3.3 A typical objection by e-mail from Mr E Mace, and others, says:

"I would like to register my objection to this proposed order. I understand that one of the issues you are concerned with is the potential conflict between horse riders and vehicles. I can assure you that on any day many vehicles come across horse riders, not only on Byways but on country roads that carry a large amount of traffic. It has been well documented that trail riders such as myself enjoy great mutual respect for all other users of Byways. In fact as a trail rider I am regularly invited to assist at long distance horse trials and I am confident that on this lane there should be no additional reason for concern. I believe you are also concerned with irresponsible behaviour that could impact the surrounding area, I assure you that a TRO is not going to prevent anyone from fly tipping. A TRO would only be respected by responsible users such as myself and therefore is clearly not the solution."

Supporters

3.4 The County Council has received 27 letters from 33 individuals supporting the imposition of a TRO, plus a petition signed by a further 40 people. In addition to that, support has been offered by Bramshill and Eversley Parish Councils and English Nature.

3.5 The supporters make, more or less, the same points as each other and their arguments can best be summed up by reproducing a letter submitted by Richard Bacon and Ruth Oakman. It reads:

"1) The lane is used extensively by dog walkers, families and horse riders, to have simultaneous use by motorised vehicles would be both impractical and, more importantly, unsafe.

2) The Bramshill Plantation, through which the lane passes, could be accessed by off-road vehicles thereby seriously damaging wildlife habitats. I believe Sandy Lane passes through a Site of Special Scientific Interest and a proposed Special Protection Area which are at risk from vehicular pollutants.

3) Misuse of the lane by persons wishing to fly tip and dump/burn cars would be easily achieved with the additional cost of clearing up being a burden on the council.

4) Sustained use of a dirt track by motorised vehicles will see a serious deterioration of the lane surface, making it unusable for the original users i.e. dog walkers, families and horse riders."

3.6 The petition is headed "Please support our appeal for a traffic regulation order on Sandy Lane. To allow traffic in this area would be very dangerous for our children, ponies, horses and walkers." It is signed by 40 people having addresses within a 10 mile radius. Only one of those that signed the petition has also submitted an additional letter.

Other representations

3.7 Mr D Pitter representing the British Driving Society has no objection to the proposals providing that "...full access is made for horse drawn vehicles and no physical obstruction is put in place."

3.8 Mr & Mrs Baker wrote to protest about the decision of the Inspector following the Inquiry and their letter is not directly relevant to the TRO although by implication they could be seen as supporting the order.

3.9 Local member, Councillor J Glen:

"I'd like to see the TRO applied as soon as possible."

4. Comments on representations

4.1 Before 1950 this part of Hampshire was very rural and use by public vehicles of Sandy Lane would have been limited. What traffic there was at that time, both vehicular and non-vehicular, could easily have been accommodated by the unmade track, without any problems. The situation today is very different with much greater pressure for access from the, much increased, local population. There has been no vehicular access to Sandy Lane within most peoples living memory and the popular local view is that the lane is being "opened up" to public vehicular use to the detriment of the environment and current users.

4.2 Highway Authorities are under a duty to exercise their powers to make traffic regulation orders, both permanent and temporary, so as to secure the expeditious, convenient and safe movement of all traffic, including walkers, cyclist and horse riders. This particular Order was advertised on three grounds contained within Section 1 of the Road Traffic Regulation Act 1984. They are:

(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

(e) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot

(f) for preserving or improving the amenities of the area through which the road runs

4.3 The objections from the local residents, on the issue of danger, are based on the assumption that the width of the path is as currently used, that is about 3 metres. However, the legal width of the Byway, as confirmed by the Inspector, is nine metres. The existing track is capable of improvement and could probably accommodate all types of users after work to cut back encroaching vegetation. For that reason, sub-section (a) is probably less relevant than sub-sections (e) and (f). The track is also a straight line between the two roads so that visibility would not be a problem. However, the straight nature of the track might lead to some vehicles travelling at a faster speed than is suitable for this type of highway.

4.4 Sub-section (e) is particularly relevant for Sandy Lane. The track shows signs of heavy equestrian use, there is a large riding school and stables just 200 metres from the northern end and many individual stables in the area. There can be few other tracks in Hampshire that are so heavily used by horse riders. Bramshill Plantation offers riders a variety of recreational routes, most of them involving Sandy Lane in one way or another. Horse riders value safe off-road routes because the volume and speed of traffic on even minor, unsurfaced roads is such that they are dangerous for all except experienced riders. Use of the lane by walkers is also significant and there is also evidence of growing use by cyclists.

4.5 Sub-section (f) is also very relevant in that all of the adjoining land, and the lane itself, is part of a Site of Special Scientific Interest. This perhaps would not matter so much if there was a well defined boundary between the lane and the adjoining land that confined users to the highway. In this case there is very little to stop vehicles from accessing the surrounding land. In the past this has been a factor in the dumping of rubbish and motor bike scrambling all over the common. It is recognised that responsible users, such as those that belong to the TRF, would not stray from the public highway but others might be so inclined.

4.6 Were a Traffic Regulation Order to be imposed, then it would become a criminal offence for members of the public to drive a motorised vehicle on Sandy Lane. Private vehicular access to the residential properties at the northern end of the lane would be unaffected by the order. Access to the lane would be managed by the County Council to facilitate access by walkers, cyclists, horse riders and horse drawn vehicles but inhibit entry by motor vehicles. The best form of control is probably what is known as a "Kent Gap", that is "dragons teeth" set at certain intervals that would keep out most vehicles but allow horse drawn vehicles through. However, it must be recognised that there is no fool-proof method that would stop improper use. Nonetheless, this method would undoubtedly assist management of the lane and adjoining land.

5. Conclusions

5.1 Sandy Lane has become a very important route for horse riders and walkers.

5.2 The volume of use by horse riders, of the track, is incompatible with use by motorised vehicles.

5.3 The adjoining land and track is now an important natural habitat that is designated as a SSSI.

5.4 Sub sections (a), (e) and (f) of the Road Traffic Regulation Act are appropriate grounds to prohibit use of Sandy Lane by public motorised vehicles.

Recommendation

That an order be made 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 Documents

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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