Contact: Phil Allen email: [email protected]

1. Summary

1.1 This report seeks authority to make a temporary closure in respect of footpath 27 in the Parish of Worldham, and to submit the same to the Secretary of State for approval. A plan is appended (1).

1.2 Approval is sought in the light of the Executive Member's decision of 22 June 2006 (appendix 2) to allow a closure for a similar event, and the use of delegated powers by officers to allow a closure in 2007.

2. Recommendation

2.1 To allow the closure under S16a to continue for 2008. Thereafter, the landowners must take steps to provide for safe and uninterrupted passage of path users during the various phases of the event.

2.2 This recommendation is made because the CountyCouncil is aware of the local opposition to closure and diversion, and believes that maintaining access on the Right of Way is feasible without compromising the event or public safety. Given that the landowners have taken steps to find a solution through a diversion, a closure under S16a for 2008 is appropriate to ensure the event may proceed.

3. The Application

3.1 An application has been made by the Ahmadiyya Muslim Association of 181 London Road, Morden, Surrey, SM4 5HF for an order closing footpath 27 for a period of 28 days from 6 July 2008. The application is dated 10 March 2008.

3.2 The basis for considering closure under the Road Traffic Regulation Act 1984 S16a has previously been explained in the report submitted for the decision of the Executive Member for Recreation and Heritage on 22 June 2006, which is appended (2).

3.3 The Jalsa is a very large event, involving the provision of 2 very large temporary prayer halls, media suites (the Jalsa is televised across the world), translation suites, toilets, rest areas, and ancillary welfare marquees. Erection and dismantling of the prayer halls requires a large mobile crane (approx 100ft jib). De Boer are contracted to provide the marquees.

3.4 From 1985 the AMA held the UK Jalsa at their site at Tilford in Surrey. The Association acquired Oaklands Farm, (Worldham, Hampshire) in 2005, and held the 40^th Jalsa Salana there in 2006.

3.5 The Jalsa organising committee meets regularly with EHDC and HCC (RoW and Highways) officers, Police and Emergency Services, and the local community in the build up the event. Estimates of attendance during the three day event are in the region of 50,000.

4. Consideration of issues subsequent to 22 June 2006

4.1 The Government Office for the South East, on behalf of the Secretary of State, required the closure of July 2007 to be limited to 3 weeks, and required submission of an event schedule from the AMA.

4.2 The AMA were granted retrospective planning permission for retention of underground electricity and water supply services and manholes on 22 June 2006. The layout of this infrastructure very much determines the location of the event (Appendix 3).

4.3 The temporary alternative route provided in July 2006 was inspected by Phil Allen on the first day of the Jalsa event (Friday 28 July 2006). Provision was found to be lacking in a number of areas, but when the organisers were notified, steps were immediately taken to rectify the problems.

4.4 The temporary alternative route provided in July 2007 was a great improvement, inspected and approved by Phil Allen and representatives of Worldham Parish Council.

4.5 Rights of Way officers were invited to attend a debrief of the 2006 event and further regular planning meetings. At these meetings the AMA were requested to consider the potential for a formal diversion in order to avoid Rights of Way closures in the future.

4.6 Phil Allen and Ian Austin (HCC Legal Practice) met with representatives of the AMA in early 2007 to illustrate the process of applying for a diversion.

4.7 On 6 December 2007, senior EHDC Officers called a public meeting at Worldham to discuss future planning for the event. Phil Allen, and Mr Akram Ahmedi of the AMA were invited to speak and answer questions. The meeting was very well attended (c 50 people), and a very clear consensus from those attending was that a diversion was not acceptable, and that preference would be to provide an alternative route during the annual event.

4.8 The Executive Member has received a communication calling for the continuation of an annual closure to be dismissed on the grounds that the infrastructure was placed without planning permission, and did not make allowance for the existence of a Right of Way.

5. Power to temporarily close a Right of Way

5.1 The County Council has considered its powers in this case in 2006, and concluded that it does have powers under section 16a of the Road traffic Regulation Act 1984. The relevant paragraph follows;

A `relevant event' means any sporting event, social event, or entertainment which is held on a road. The proposed Jalsa Salana is clearly neither a sporting event nor an entertainment, but may be a social event. There no definition of `social event', but some guidance might be obtained from the fact that the legislation was primarily used to provide for traffic management needs for substantial events, such as the UK leg of the Tour de France. The powers are believed to have been used by some other highway authorities for street parties and carnivals. In the absence of further guidance or legal authority on the matter, the expression `social event' should be given its ordinary meaning. It should be noted, however, that nothing in the legislation requires the event to be open to the public. Officers are of the view that the Jalsa Salana is a `social event' for the purposes of the Road Traffic Regulation Act 1984.

5.2 The County Council must apply to the Secretary of State for a closure beyond 3 days. The Government Office for the South East have granted an extension under S16a in 2006 and 2007, and have indicated similar consent in 2008 may apply subject to the Executive Member's decision

6. Decision options

6.1 Allow the annual closure under S16a to continue under delegated powers to officers. Temporary alternative route to be agreed by officers.

6.2 Allow the closure as above but for 2008 only, pending further investigation as to alternative resolution under Police or District powers.

6.3 Disallow the closure and request that the AMA make provision to ensure the safe passage of users during the set up, event, and take down phases.

Links to Corporate Strategy

Yes No

Hampshire safer and more secure for all

Maximising well-being _

Enhancing our quality of place

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.

N.B. the list excludes:

1. Published works.

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

TITLE LOCATION

Office Files Basing House