APPENDIX 2

Hampshire County Council

Executive Member - Recreation & Heritage

22 June 2006

Traffic Regulation Order - Temporary closure of Worldham Footpath 27 and Selborne Footpath 64b

Report of the Director of Recreation & Heritage

Contact Alex Lewis: 01962 846044, e-mail [email protected]

1. Summary

1.1 This report seeks authority to make a temporary closure order in respect of Footpath 27 in the Parish of Worldham and Footpath 64b in Selborne, and to submit the same to the Secretary of State for approval. The paths affected by the proposed closure are shown on the accompanying plan.

1.2 Approval is sought as a matter of urgency in view of the need to advertise the proposed closure and submit the proposed order to the Secretary of State, before commencement on 7 July 2006.

2. The Application

2.1 An application has been made by Mr M.N. Khan of the Ahmadiyya Muslim Association UK of 181 London Road Morden, Surrey, SM4 5HF for an order closing Footpath 27 for a period of 28 days from 7 July 2006. The reason for closure is to facilitate the holding of a `Major Private Event' and in the interests of public safety. The `major private event' referred to is `Jalsa Salana', a 3 day Muslim convention to be held at Oaklands Farm, Worldham. Literature made available to officers contains the following statements, which may assist in understanding the nature of the event:

"The major aim of the gathering is that the sincere members of the Jama'at should be able to derive religious benefits and at the same time they should acquire more knowledge and advance in their God realisation. One advantage is that meeting their friends will broaden their circle of brotherhood and it will strengthen the mutual ties."

"All Ahmadis are invited to attend the Jalsa Salana. Guests from outside the United Kingdom must bring a "Letter of Invitation" issued by their national Amir/President.

Non Ahmadi friends may also be invited to attend the Jalsa. However i5 is very important that prior written permission is obtained from the Officer Jalsa Salana, so as to avoid any inconvenience at the time of entry".

2.2 The organisers of the Jalsa Salana have liaised with the Police and East Hampshire District Council about the arrangements for the event. Notes of a liaison meeting held with East Hampshire District Council officers and other interested parties on 25 April 2006 suggest that 25,000 attendees are expected.

2.3 The application was received by fax on 23 May. Officers have spent some time trying to find out more about the event and liaising with the Police about the circumstances surrounding the application. It is understood that a temporary mosque will be erected over the line of Footpath 27, and that the Police have approved the position of this structure, although officers have no documentary evidence to support this.

2.4 The application proposes that the route to be offered to the public as an alternative is Footpath 18, although in recent correspondence it is proposed that only part of Footpath 27 is closed, and two temporary paths are offered linking with Footpath 18, in effect circumnavigating the convention site. It has not yet been possible for officers to assess the practicability of these alternative routes. If suitable however, it will mean that the start and end point of Footpath 27 can remain open, and that there is a (not insignificant) diversion in the centre Footpath 27 for the duration of the convention.

3. The County Council's powers to close paths temporarily

3.1 The County Council has limited statutory powers to close footpaths. The only power considered to be applicable in this case is that contained in s.16A Road Traffic Regulation Act 1984 (see above). In so far as it is applicable to the subject application, this requires the County Council to be satisfied that

a) there is a relevant event

b) traffic on the road should be restricted or prohibited for the purpose of facilitating the holding of the relevant event

c) it is not reasonably practicable for the event to be held otherwise than on a road.

For the purposes of this legislation, `road' includes footpath.

3.2 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.

3.3 It is understood that, on Police advice, the proposed mosque is to be constructed over the footpath. The making of a temporary closure will therefore facilitate the holding of the event.

3.4 Given the short length of time before the proposed event, and the preparations that have already been made, officers consider that it is not reasonably practicable at this point in time to expect the event to be held elsewhere. The same conclusion would not necessarily have been reached had the application been made some time ago: it must be possible to find an alternative site that does not involve the obstruction of a public right of way.

3.5 Officers are therefore of the opinion that the County Council has the power to make a temporary closure order, although the Executive Member may be entitled to reach a different conclusion on a) or c) above.

4. The merits of the application

4.1 If it is agreed that the County Council has the power to make the closure order, it remains to be decided whether the power should be exercised. The following issues may be relevant to the decision:

a) the effect of the proposed closure on users of the right of way

b) the response of the County Council to similar applications in the past

c) the period of closure.

4.2.1 Footpath 27 starts on the B3004 and runs to the parish boundary with Selborne, where it becomes Footpath 64b. No other recorded rights of way join the route and closing it would not deny access to any other recorded rights of way. The B3004 is a busy, narrow road, and there are no recorded rights of way which would form a convenient link with the northern end of the path - users have, in any event, to walk along a section of this road (there may be informal or permissive links, but none are known to officers). The alternative route proposed on the application is Footpath 18, which runs roughly parallel with Footpath 27. It does link with other paths, including paths on the opposite side of the B3004. Footpath 18 forms part of the Hanger's Way long distance path and can be expected to be of a high standard.

4.2.2 The alternative paths recently offered may provide a suitable diversion around the site, which means that it will not be necessary to close the whole length of Footpaths 27 and 64b. Either way, it is considered that in most cases the needs of walkers can be satisfied. Officers consider that any path closure is potentially to the detriment of users of the path, but the effect in the present case is not such as to justify a refusal of the closure on those grounds alone.

4.2.3 Any authority to close is requested to apply to the whole of Footpath 27 and Footpath 64b in Selborne. The extent of the closure can then be reduced, should it be appropriate, once further investigation has been carried out into the proposed temporary routes around the site.

4.3 The County Council does not make many `special event' closures, but consideration has been given to recent applications, to ensure that a consistent approach is taken to the current application. It has, in the past, made temporary closures for the holding of a charity road races, and for country shows. Closures are normally for a short period - a matter of 3 or 5 days at most. All recent applications appear to have been made in respect of events open to the public, rather than in respect of private social events, so there is no precedent in respect of private events such the Jalsa Salana. The Council's approach has hitherto been to facilitate, rather than to obstruct the holding of such events, where it is appropriate to do so.

4.4 Officers are of the view that a closure for as long as 28 days is a matter of concern. It is understood that the event itself lasts for less than a week, but that delegates arrive a week early, and that the mosque and accommodation needs to be built (and, removed) within the period of closure. The applicant has advised that contractors will arrive on site on 10 July 2006 and that dismantling of the structures erected for the convention will have been completed by 6 August (any closure ought, presumably, to commence on the 10 July and not 7 July as requested). Officers would wish to see any closure for the minimum period possible, but according to this timetable, 28 days would be needed, commencing on 10 July. Closures longer than three days require the approval of the Secretary of State.

5. Consultation

5.1 The application should be consulted on, although this is not mandatory. It is intended to carry out advertisement of the proposed closure and limited consultation within the timescale allowed.

6. Impact assessment

6.1 No financial, personnel or other adverse impact is anticipated, save as provided expressly herein, although any decision to grant, or not to grant the closure applied for, may be controversial.

7. Recommendation

That authority be given to make a temporary closure order in respect of Worldham Footpath 27 and Selborne Footpath 64b and submit the same to the Secretary of State for approval.