Archived decisions

Hampshire County Council

Executive Member - Recreation, Heritage & Communities Item 2

17 July 2008

Proposal to apply for a number of Traffic Regulation Orders to restrict

access and use by Motor Vehicles to specified Public Rights of Way

Report of the Director of Recreation and Heritage

Contact: Andrew Jones: Ext 6891 E-mail: [email protected]


Extract from the Road Traffic Regulation Act 1984

1. The Traffic Authority for a road outside Greater London may make an order under this section (referred to in this Act as a `Traffic Regulation Order') where it appears to the authority making the order that it is expedient to make it -

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, or

b) for preventing damage to the road or to any building on or near the road, or

c) for facilitating the passage on any road or any other road of any class of traffic (including pedestrians), or

d) for preventing the use of the road by vehicular traffic of a kind which or its use by vehicular traffic in a manner which is unsuitable having regard to the existing character of the road or adjoining property, or

e) (without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

f) for preserving or improving the amenities of the area through which the road runs.

g) For any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

14. Temporary prohibition or restriction on roads.

If the Traffic Authority for a road are satisfied that traffic on the road should be restricted or prohibited -

a) because works are being or are proposed to be executed on or near the road; or

b) because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or

c) for the purposes of enabling the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act1990 (litter clearing and cleaning) to be discharged

the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles, or vehicles of any class, or by pedestrians to such extent and subject to such conditions or exceptions as they may consider necessary.

1. Background to the application

1.1 In November 2007, the Member for Recreation & Heritage approved a recommendation by the Assistant Head of Countryside (Access) to make orders for the temporary prohibition of motorised vehicles from a number of Byways Open to All Traffic (BOATs) distributed throughout Hampshire. These restrictions were considered necessary in order to prevent further damage to the surface of these routes from an unsustainable level of use over the wet winter months, or to allow recent repairs to stabilise before these routes were reopened to motorised vehicles.

1.2 The initial orders were made for a period of six months, the maximum period permitted under the provisions of the Road Traffic Regulation Act 1984, and came into effect on 24th December 2007.

1.3 In February 2008, the Assistant Head of Countryside (Access) met with representatives of the main motorised user groups to discuss the measures taken to date and to agree a way forward. Although it was not possible to reach agreement on all issues, this meeting did provide feedback from users that has allowed the County to develop a plan for the management of the routes in question which is in line with our agreed policy1 of taking the least restrictive action necessary to deal with an undesirable situation on the ground.

1.4 In June 2008, Hampshire County Council applied to the Secretary of State for an extension to the existing orders on nine individual byways which make up five through routes, either to allow further time for surface repairs to stabilise, or to prevent further damage to the fabric and character of the way whilst permanent Traffic Regulation Orders (TROs) were put in place to safeguard these routes in the longer term.

1.5 The request for extensions to the current temporary prohibitions was subsequently granted by the Secretary of State and the routes in question are now closed to motorised vehicles until 24th December 2008, or 24th June 2009 in the case of Ashmansworth BOAT No.18 which will then be reopened to all classes of user.

2. Recommendation

2.1 It is recommended that Hampshire County Council should advertise its intention to make a series of Orders for the introduction of Seasonal or Permanent Traffic Regulation Orders under section 1 of the Road Traffic Regulation Act 1984 on the nine sections of byway listed below:

      · Hawkley BOAT Nos. 24 and 26 - Standfast Lane.

      An Order prohibiting all motorised traffic from using this route between

      1st November and 30th April each year, under s1(b) and 1(f).

      · Buriton BOAT No.45, under s1(b)

      · Chawton BOAT No.10, under s1(b)

      · East Meon BOAT No.42 - Halnaker Lane. Upgrade the existing TRO (which currently applies only to four-wheeled vehicles) north of HMS Mercury to include all motorised vehicles, under s1(a), s1(b) and s1(e).

      · Farringdon BOAT No.26, under s1(b)

      · Four Marks BOAT No.25, under s1(b)

      · Rockbourne BOAT No.32 - section east of the Rockbourne Road only, under
      s1(b) and s1(c).

      · Whitsbury BOAT No.19a, under s1(b) and s1(c).

2.2 Once comments have been received on these proposals from interested parties, a further report should be prepared for the Executive Member for Recreation and Heritage seeking approval for the making of Seasonal and Permanent Traffic Regulation Orders on the nine sections of byway listed above.

3. Proposed course of action

3.1 This report seeks approval from the Executive Member for Recreation and Heritage to proceed with the introduction of Seasonal or Permanent Traffic Regulation Orders (TROs) for the five through routes listed below.

3.2 These restrictions are necessary to ensure that:

    a) further damage is not brought about through continued use by motorised traffic at a level that is considered to be unsustainable, as provided for by section 1(b) of the legislation, and

    b) these routes can be enjoyed, in safety, by the widest range of users, as provided for by section 1(c) of the legislation, and

    c) the character of these rural routes is preserved for the enjoyment of the public as a whole, as provided for by section1(e) of the legislation.

3.3 The process for making these orders is illustrated in the attached bar chart, but the major milestones are as follows:

    3.3.1 Advertise our intention, both on site and in the local press, to make Orders on specified routes - October 2008

    3.3.2 Subject to the nature of any objections raised as result of these advertisements, we will hold an Inquiry to ratify our intention to make an Order for East Meon BOAT No.42 (Halnaker Lane) - December 2008

    3.3.3 Orders made Hampshire County Council Chief Executive's Office - January/February 2009

3.3.4 Orders come into effect - March 2009

3.4 Once a Permanent TRO is in place, each of these routes will be monitored and the continuing requirement for a restriction will be reviewed at least every three years, as required by the Hampshire County Council Policy for the Management of Traffic on the Public Rights of Way Network.

4. Routes for which Permanent Traffic Regulation Orders are recommended

4.1 Officers recommend the imposition of a Seasonal TRO on the following route:

    4.1.1 Hawkley BOAT Nos.24 and 26 - Standfast Lane.
    An Order prohibiting all motorised traffic from using this route between
    1st November and 30th April each year, under s1(b) and 1(f).

4.2 Officers recommend the imposition of a Permanent TRO on the following routes:

4.2.1 Buriton BOAT No.45, under s1(b)

4.2.2 Chawton BOAT No.10, under s1(b)

    4.2.3 East Meon BOAT No.42 - Halnaker Lane. Upgrade the existing TRO (which currently applies only to four-wheeled vehicles) north of HMS Mercury to include all motorised vehicles, under s1(a), s1(b) and s1(e).

4.2.4 Farringdon BOAT No.26, under s1(b)

4.2.5 Four Marks BOAT No.25, under s1(b)

    4.2.6 Rockbourne BOAT No.32 - section east of the Rockbourne Road only, under
    s1(b) and s1(c).

4.2.7 Whitsbury BOAT No.19a, under s1(b) and s1(c).

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.

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