Contact: Andrew Smith, Ext 6003 [email protected]

1. Summary

1.1 The following decision is sought:

1. That approval be given to the advertisement of the intention to make an Order to give effect to the following traffic management measures:

2. Hursley unnumbered byway between points A and B on the attached plan (between GR SU 41921 29124 and 41710 29416)

2a (Subject to the advice received from the countryside manager for the area), an order prohibiting use by all class of user except for pedestrians on the grounds set out in Road Traffic Regulation Act 1984 s.1(1)(a)(b)(d)(e)(f)

3. Sparsholt Byway Open to All Traffic No.10 between points B and C on the attached plan (between GR SU 41710 29416 and 41767 31349).

3a An order prohibiting use by all public motorised vehicles on the grounds set out in Road Traffic Regulation Act 1984 s.1(1)(b)(d)(e)(f)

4. Kings Somborne BOAT No.34 between the points D and E on the attached plan (between GR SU 41263 31681 and 4109033081).

4a An order prohibiting use by all public motorised vehicles on the grounds set out in Road Traffic Regulation Act 1984 s.1(1)(a)(d)(e)(f).

5. Crawley BOAT No.1 between points E, F and G on the attached plan (between GR SU 41090 33081 and 41427 33844).

5a An order prohibiting use by all public motorised vehicles on the grounds set out in Road Traffic Regulation Act 1984 s.1(1)(a)(b)(d)(e)(f)

5b That a report be taken to Regulatory Committee recommending that an application be made under s.116 Highways Act 1980 for an order extinguishing vehicular rights (subject to the retention of Bridleway rights) over Crawley unnumbered byway between points F and H on the attached plan (between GR SU 41153 33524 and 41131 34014).]

2. Reason

2.1 The County Council as highway authority has a duty to protect the use and enjoyment of public rights of way. Occasionally certain types of use of a route can be to the detriment and enjoyment of the right of way. The Road Traffic Regulation Act 1984 specifically gives the highway authority the powers to prohibit use of routes by certain types of traffic where the authority deem it necessary to protect other users, the path itself our where such use would be out of keeping with the character of the area. In this instance use of a Traffic Regulation Order is proposed because these reasons apply. The routes, which are now recorded as Byways Open to All Traffic, run through a quiet rural area which is ideal for use by people for quiet recreation and which is valued for nature conservation. One of the County Council's corporate aims is `Stewardship of the Environment'- protecting our environment by promoting the principles of environmental sustainability. It is therefore important for the authority to use the powers it has available to ensure that these routes can continue to be used and enjoyed for quiet recreation without a detrimental impact upon the paths or the surrounding area.

3. Other Options Considered and Rejected -

- not to propose the making of Traffic Regulation Orders.

- to make the proposed TROs more restrictive.

- to make the proposed TROs less restrictive.

4. Conflicts of Interest declared by the decision maker or other Executive Member consulted

None

5. Dispensation granted by the Standards Committee

Not applicable

6. Reasons for the matter being dealt with if urgent

6.1 The use of these routes by motor vehicles has been recognised as being lawful following confirmation of the Definitive Map Modification Order in September 2004.

Approved by: Date:

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

Councillor J. Waddington