Hampshire County Council

Executive Member - Recreation & Heritage Item 2

14^th July 2005

Traffic Regulation Order - Hursley Unnumbered BOAT, Sparsholt BOAT No. 10 and No. 13, Kings Somborne BOAT No. 34, Crawley BOAT No. 1 and unnumbered BOAT.

Report of the Director of Recreation & Heritage

Contact Andrew Smith, Ext 6003 Email [email protected]

1. Summary

1.1 This report seeks authority to make Traffic Regulation Orders (TRO) prohibiting the use of certain types of vehicle on parts of the Byways Open to All Traffic (BOAT) that run from a junction with Road U171 (Sarum Road) in the Parish of Hursley to Road B3049 (Stockbridge Road) in the Parish of Crawley. The route is shown on the accompanying plan.

2. Background

2.1 The subject route consists of a series of connecting byways which, until the recent acknowledgement of their status as ancient carriage roads, following the making of a Definitive Map Modification Order, were recorded on the Definitive Map in part as bridleways and in part as a Road Used as a Public Path (RUPP). Two further sections of the route were unrecorded. There has been little or no public vehicular use of the route in the recent past.

2.2 Corporate Strategy: One of the six key aims of Hampshire County Council's Corporate Strategy is `Stewardship of the Environment - protecting our environment by promoting the principles of environmental sustainability and ensuring that Hampshire continues to be a place where people of all backgrounds want to live, work and visit'. Protecting rural areas and places of nature conservation value are part of responding to this key aim and therefore as a result of this change in designation, it has been necessary to look into the most appropriate way to manage the byways in order to maintain their existing rural character and to protect the local area. In addition the Council is mindful of the safety of all users and helping people feel safe is also part of another key aim of the County Council.

2.3 After proper consideration within the Countryside Service, a proposal was made regarding the most appropriate way to manage these routes.

2.4 A consultation letter was sent to all of the statutory consultees on 9 December 2004 and other individuals or organisations who had expressed an interest. Responses to the proposals were received from 209 other individuals.

2.5 A report summarising the issues and these responses was considered by the Executive Member for Recreation and Heritage at his Decision Day Meeting on March 17^th 2005. The Executive Member approved the advertising of the Council's intention to make Traffic Regulation Orders in accordance with the proposal in the report but added that all motorised traffic should be prohibited from using the section of the route marked D-E on the plan.

2.6 This proposal has been advertised in the Hampshire Chronicle and at locations along the course of the routes concerned in accordance with the Local Authorities' Traffic Orders Regulations. Eighty-nine letters or emails have been received in response.

2.7 This report considers comments made in response to the advertising of the

Council's intention to make Traffic Regulation Orders which are described below.

3. The Proposed Traffic Regulation Orders

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

3.1.1 This route leaves the Road U171 and follows the existing hollow way through yew trees to its junction with Sparsholt BOAT No.10 at the parish boundary.

3.1.2 It is felt that to open up this route to allow any class of user except for pedestrians would be extremely detrimental to the existing character of the route and would cause insurmountable damage to the route and its surroundings.

3.1.3 It is considered that an Order under the Road Traffic Regulation Act 1984 (RTRA) restricting use by all classes of user except for pedestrians could properly be justified on the following grounds set out in Section 1(1) of the Act namely

(a) for avoiding of preventing danger to users of the route

(b) for preventing damage to the road

(d) for preventing use of the road which is unsuitable having regard to the existing character of the road or adjoining property

(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

3.1.4 It should be possible for a permissive right for horse drawn vehicles to be granted for the use of Hursley Bridleway No.7 which runs immediately to the east of this route and has the same start and finish points.

3.2 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).

3.2.1 This route begins at its junction with Hursley Bridleway No.7/Un-numbered Byway at the parish boundary and runs generally in a northerly direction following an existing forest track through West Wood. On exiting West Wood the route follows a cross-field path to join Sparsholt BOAT No.13.

3.2.2 It is felt that the use of motorised vehicles on this section of right of way would be detrimental to the byway's surface, (especially where the route exits the woodland and crosses onto agricultural land) and to the existing character of the route, and would damage the amenities of the area through which the route runs.

3.2.3 An Order under s1(1) RTRA 1984 restricting use by all public motorised vehicles could properly be justified on the following grounds namely:

(b) for preventing damage to the road

(d) for preventing use of the road which is unsuitable having regard to the existing character of the road or adjoining property

(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.

3.3 Sparsholt BOAT No.13 between points C and D on the attached plan (between GR SU 41767 31349 and 41263 31681).

3.3.1 This route runs from its junction with Unclassified County Road U171/Sparsholt BOAT No.10 in a westerly direction along an existing track to its junction with Unclassified County Road U91/Kings Somborne BOAT No.34.

3.3.2 It is felt that no traffic management measures need to be taken on this route as the route's surface and environs are of a standard high enough to withstand a moderate amount of vehicular traffic.

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

3.4.1 This route runs from its junction with Sparsholt BOAT No.13 generally in a northerly direction along a narrow (widening at its northern end) bare earth track to its junction with Road C7 (Winchester Road).

3.4.2 Although the width in the northern part of the route is defined as 40 feet the width of the southern part of the route has not been legally defined and in practice is considerably narrower.

3.4.3 Due to the nature of the surface, lack of available width and the presence of mature hedgerows and existing field banks it is felt that this route is not suitable for use by motorised vehicles. It is felt that conflicts could arise due to the lack of useable width and passing places.

3.4.4 An Order under s1(1) RTRA 1984 restricting use by all public motorised vehicles could properly be justified on the following grounds namely:

(b) for preventing damage to the road

(d) for preventing use of the road which is unsuitable having regard to the existing character of the road or adjoining property

(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.

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

3.5.1 This route runs from Road C7 (Winchester Road) generally in a northerly direction along a partly concrete, partly gravelled farm track to point F on the plan and then north easterly direction along same farm track to its junction with Road B3049 (Stockbridge Road).

3.5.2 Hampshire Constabulary responded to the initial consultation seeking a TRO prohibiting all motorised traffic from using this section on the grounds of road safety - in particular in relation to the junction with the byway and the B3049.

3.5.3 An Order under s1(1) RTRA 1984 restricting use by all public motorised vehicles could properly be justified on the following grounds namely:

(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

(b) for preventing damage to the road

(d) for preventing use of the road which is unsuitable having regard to the existing character of the road or adjoining property

(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.

3.6 Crawley unnumbered byway between points F and H on the attached plan (between GR SU 41153 33524 and 41131 34014).

3.6.1 This route runs from its junction with Crawley BOAT No.1 (at point F on the plan) and runs in a northerly direction along field headland and through woodland to its junction with Road B3049 (Stockbridge Road).

3.6.2 This route was set out by an enclosure award of 1794. Subsequent map evidence shows that there has been no physical impediment preventing use of the route but that use has declined to a point where it is currently negligible.

3.6.3 Making the route available will not greatly enhance the local network which is well served by Crawley Byway No.1.

3.6.4 As a result of the initial consultation responses regarding this section, which showed that there was a desire by users to have a safe link to the quiet road U76 towards the Leckford Hut, it is felt that vehicular rights should be extinguished but bridleway rights should be retained and that this could be achieved through an Order under s116 of the Highways Act 1980 application to extinguish vehicular rights on the grounds that they are not needed rather than through the imposition of a Traffic Regulation Order.

4. Summary of Comments Received in response to the Proposed Traffic Regulation Orders

4.1 Of the eighty-nine letters received in response to the advertising of the Council's intention to make Traffic Regulation Orders just one letter objected to the proposed restrictions upon motor vehicle use. Mr K M Geary argues that the County Council has to be satisfied that there is evidence of damage or overuse by motor vehicles before considering the imposition of a TROs. Because the route is overgrown in places Mr Geary believes that it has not been used by vehicles and that therefore no damage could possibly be occurring as a result of vehicular use. He adds that these are historic vehicular ways and that compared to places for walkers there are relatively few opportunities for people to drive 4x4 vehicles for leisure.

4.2 The remaining letters are either supportive of the proposed traffic management measures or are opposed to the use of motor vehicles on green lanes or in rural areas. The letters of support include one from Sparsholt Parish Council. Both Sparsholt and Crawley Parish Councils also made deputations to the meeting of the Executive Member in March supporting restrictions. Hursley and Kings Somborne Parish Councils have both previously expressed support for prohibiting motorised traffic. The local County Councillors, Councillor Mrs A E Bailey (prior to the May election) and Councillor M J Woodhall expressed their support for the proposed traffic management measures as part of the initial consultation. Cllr Charlotte Bailey also supports the making of the Traffic Regulation Orders.

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5. Legal Implications

5.1 The proposed Traffic Regulation Orders will be made in accordance with section 1 of the Road Traffic Regulation Act 1984. Contravention of a Traffic Regulation Order is an offence and the offender is liable to a fine. The authority is obliged to notify the objector(s) to the proposed Orders and must publish further notices in the local paper and on-site repeating the process undertaken to advertise the `intention' to make the Orders.

6. Financial Implications

6.1 There are costs associated with concluding the Orders making process, in particular the requirement to advertise the Order in the local newspaper. There will be significant costs associated with the installation of physical structures and signage to ensure that the Orders are clearly indicated at each access point and that prohibited traffic is unable to take access. Due to the remote location of some of these access points policing the Orders will be very difficult and therefore physical restrictions preventing unlawful access will be necessary. The total cost of on-site work is estimated at £5,000.

7. Impact Assessment

7.1 The recent investigation of the existence of rights demonstrated that rights for all users exist along these routes. The proposed TROs will prohibit access to the majority of the Hursley to Crawley route to motor vehicle users and to the southern-most section (A-B) access by carriage-drivers, horse-riders and cyclists and will also be prohibited. Carriage drivers will inevitably also be physically prevented from routes by the TROs where the intention is to restrict access by motor vehicles only. Steps will be taken in response to local need by supplying these users with keys or to try and establish access nearby.

8. Crime Prevention

8.1 Legally and physically preventing access to all motorised traffic will help prevent use by vehicles which are not taxed and by unlicensed drivers who often use these more rural `green lanes' for their unlawful activity.

9. Personnel Implications

9.1 There are no implications for personnel

10. Conclusions

10.1 This issue has generated a large level of interest during the procedures which led to the change in the recorded status and then in response to the initial consultation regarding the proposed TROs. The proposal was given full consideration at the meeting of the Executive Member on March 17^th 2005 when deputations were made. Now in response to the advertisement, the support for the County Council's proposed action is again very strong. Overwhelmingly the respondents favour measures to prohibit motor vehicle use along these routes. The response to the advertising of the Council's intention to impose TROs demonstrates that there is strong public support for this measure and the reasons behind it.

Recommendation

1. That approval be given to the making of a Traffic Regulation Orders by the County Council in accordance with the proposal recently advertised to give effect to traffic management measures described below.

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

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)

B. 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).

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)

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

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)

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

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)

2. That approval be given to the making of an application 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) subject to the approval of the Regulatory Committee of the County Council.

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 have been relied upon to a material extent in the preparation of this report.

Title : None

N.B the list excludes:

1. Published works

2. Documents that disclose exempt or confidential information as defined in the Act