Contact: Andrew Smith Ext 6003

1. Summary

1.1 This report seeks support to promote responsible use of Byway Open to All Traffic no.21 Whitsbury by motorised users and in particular to request that the route is not used during periods of poor weather when use may lead to a deterioration in the condition of the route and would spoil it for the enjoyment of others. This measure is proposed as a trial and as an alternative to the imposition of a Traffic Regulation Order which is considered be inappropriate at the present time.

2. Background

2.1 Byway No.21 is one of an historic network of byways in the area either side of the Wiltshire/Hampshire boundary in the parishes of Downtown and Whitsbury. (Plan 1 accompanying this report shows the rights of way network on the Hampshire side of the county boundary). It appears that these routes are well used by all types of users including motorbikes and drivers of four-wheel drive vehicles. In August 2000 a local resident contacted the County Council about the condition of the byways in the area immediately adjacent to the county boundary. The concerns related to the condition of the route during winter.

2.2 On inspection at that time the route in Hampshire was considered to be in an acceptable condition and that no works or traffic management measures were needed. Just across the county boundary the route deteriorated significantly and an area was clearly being used by off-road vehicles to the test their vehicles and challenge their skills. As a result the area just across the boundary into Wiltshire, (shaded and marked `A' on the attached Plan 2), had become totally unusable for walkers and riders. This area had been exploited by vehicular users to the extent that it was totally unusable by others and consequently the area was in a dreadful condition. As the problem area was wholly within Wiltshire the matter was referred to Wilshire County Council.

2.3 In May 2002 the owner of the land wrote to Hampshire County Council suggesting that vehicles be prevented from using the worst area of the byway and that part of the width be made into a suitable track for vehicles. The Local County Councillor, Councillor Katherine Heron, also contacted the Countryside Service at this time to ask for something to be done. Again the matter was referred to Wiltshire County Council.

2.4 The matter was raised and discussed with Wiltshire County Council but unfortunately the response was that the authority did not see the problem as a priority. More recently the imposition of a permanent or seasonal Traffic Regulation Order to prohibit use of the track by motorised traffic has been suggested. As the damaged area of the track is in Wiltshire this idea was suggested to Wiltshire County Council. The Council declined to take action on the grounds of the practicalities of enforcing a ban and the costs of making an Order.

2.5 In the meantime drastic action has been taken to prevent access to the area on the Wiltshire side of the boundary which had become unusable and unsightly. Deep trenches have been dug across half the width of the track at either end of this area and concrete blocks placed around all around the edge (see Photographs 1 and 2 in Appendix 1). Whilst this is a drastic measure and looks out of keeping with the immediate area, it has prevented traffic accessing this area and the remainder of the width serves as a useable track albeit with a few pools of mud and standing water which were noticeable on the most recent inspection following the recent heavy rain (Photograph 3).

3. Traffic Regulation

3.1 In response to a further request from Councillor Heron to consider imposing Traffic Regulation Order in time for this winter, the route was inspected again in late September. On the Hampshire side of the county boundary the byway was in acceptable condition for all legitimate users (Photographs 4 and 7). On the Wiltshire side it was muddy and rutted in one part but passable with care (Photographs 5 and 6). At the present time the criteria for providing for the imposition of a Traffic Regulation Order would are not met on the Hampshire side of the boundary.

3.2 There are also practical implications of imposing a TRO at this location. Without the cooperation of Wiltshire CC the length of the route in Hampshire from the junction with Byway 14 to the county boundary is just a matter of a few feet (Photograph 7). The lengths of Byway 21 leading back to Whitsbury and Byway 14 are in good condition and not routes where a Traffic Regulation could be applied (Photographs 7,8 and 9). The width of the Byway at the county boundary is approximately 20-30metres wide which makes the task of physically blocking the route to vehicles extremely difficult and expensive (Photograph 7 ). Even if this were possible the more determined drivers may deviate onto adjacent fields in order to find a way around. Section 1 of the Road Traffic Regulation Order states that a traffic authority may make an order where it appears to the authority expedient to do so on a number of grounds, however none of these grounds appear to exist at the present time along this route on the Hampshire side of the county boundary.

3. A Trial Period of Restrained Use

3.1 Having considered other more formal means of traffic regulation, in this instance the vehicular user groups will be asked to promote and observe a code of reasonable conduct in relation to the use of this cross-boundary route. In particular they will be asked to work with the County Councils to encourage vehicular users not to use the route during periods of poor weather when the route is more susceptible to damage. After the coming winter months a review of this approach will be undertaken. If there is found to be a clear deterioration in the condition of the route as a result of vehicular use the Hampshire Countryside Access Forum will be asked to advise the Council as to the most appropriate course of action to prevent any further deterioration and to ensure the safety and enjoyment of other users.

5. Conclusions

5.1 Whilst there has clearly been misuse of this cross-border route which has led to damage and to the path becoming unusable in places these problems have been limited to the Wiltshire section of the path. Recent physical measures on site have prohibited vehicular access to the very worst area and the path is now passable throughout. There are practical problems of imposing a Traffic Regulation Order in Hampshire even if it were considered to be appropriate under the terms of the Road Traffic Regulation Act. Therefore it is proposed to use this as an opportunity to work with members of the vehicular user groups to gain their cooperation towards not using this path at the time of year when use is more likely to lead to damage and to ask for responsible use at other times. This approach will be treated as a trial with a view to seeking the advice of the Access Forum if it is clear that this trial has been unsuccessful in protecting the route and the immediate area.

Recommendation

(i) That an order prohibiting public motorised vehicular traffic from using Whitsbury Byway 21 is not appropriate and would not meet the criteria as described under s1 of the Road Traffic Regulation Act.

(ii) The Countryside Service should work with Wilshire County Council and representatives of the motorised user groups to trial a period of responsible use of the route.

(iii) The Countryside Service should take advice from the Hampshire Countryside Access Forum if the condition of the route has significantly deteriorated following this trial period of restraint.

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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