Archived decisions

Use and Management of Motor Vehicles on Rights of Way and Unsurfaced Roads in the Countryside

Briefing Note to update Members on the Implementation of the County Council's Policy.

Introduction

In November 2007 the Executive Member for Recreation and Heritage approved a new Policy regarding the use of `off road' motor vehicles in the countryside. The Policy set outs the action the County Council will take in response to issues which arise through the use of motor vehicles on public rights of way and unsurfaced roads. This has been a high profile and contentious area of work for some time and it was agreed that the County Council needed to have a clear statement setting out how it will exercise its powers. Members will recall that the Policy was developed through the close involvement of the Hampshire Countryside Access Forum (HCAF) which is the statutory advisory body to the County Council on matters relating to countryside access. Members of the Forum include representatives of user groups, including walking, riding, cycling and off-road vehicle use and also a number of members representing farming and land management. Following this detailed work, and wider consultation, the Forum was able to collectively support the draft policy and recommend that it was formally adopted. The Policy has now been in place for almost one year and therefore it was considered timely to offer members this update.

The Policy in Summary

    · The County Council recognises the rights that motor vehicle users have to access parts of the rights of way and unsurfaced road network.

    · The County Council does not encourage this activity but acknowledges that responsible use on some routes can be sustained.

    · The County Council will take action to limit or prevent access by motor vehicles if this use is damaging to the route or local environment, or conflicts with the reasonable interests of walkers, riders, cyclists or carriage drivers. The County Council has a Policy on the use of Traffic Regulation Orders on rights of way.

    · The County Council will prioritise repair and maintenance to benefit non-motorised users on Byways Open to All Traffic. Repair work on Unclassified Roads will be undertaken to a standard which is commensurate with the level and type of public use.

    · The County Council will endeavour to ensure that surface damage caused by private use of the route (eg by agricultural or forestry vehicles) is made good by those responsible.

    · The County Council will work to encourage responsible behaviour by all countryside users and a better understanding of the network

    · The County Council has a legal duty to record all public rights of way on the Definitive Map. Investigating applications to modify the map can be controversial and may lead to expensive Public Inquiries. The Council welcomes discussion with interested parties at an early stage in the Inquiry process to agree common ground and minimise expense.

    · The County Council is opposed to the unlawful use of motor vehicles on rights of way and unsurfaced roads, and will work with the Police and others to prevent such access and to take action against offenders.

Implementation

Managing Legal Use

The Countryside Service receives many requests for action to be taken in response to problems, or perceived problems, associated with access by motor vehicles on countryside paths. Some of these are incidents of illegal activity where vehicles are using tracks or paths where there is no right of way for vehicles. Other reports relate to use of motor vehicles along Byways Open to All Traffic (BOATs), where a right does exist, but where such activity could be detrimental to the path's surface or the area's environment. Such use may also pose safety risks to other users or simply be out of keeping with the nature of the area and therefore spoil enjoyment for others. If any of these problems apply, the new Policy states that the County Council will take action, but that the action will be proportionate and the least restrictive necessary in order to overcome the problems. The Policy also states that the Council will work with interested parties and take into account the views and ideas of others to try and find a solution.

Over the last year, the Countryside Service has followed up over 20 cases which have been presented to the County Council as locations where action is required. These cases have been inspected. The evidence has been gathered and then judged against the new Policy. Consultation and discussion has then followed with interested parties. This process has taken some time and therefore in 12 cases (where there was some evidence of a problem) Temporary Traffic Regulation Orders were imposed whilst the problem was fully assessed.

Following thorough discussions, and consideration of the full range of options in the Policy, it has been decided to pursue `Permanent' Traffic Regulation Orders on 6 of these routes to prevent access by all motor vehicles. One of these will be for winter months only and all will be subject to review after 3 years. In another case in East Meon, the case for a Traffic Regulation Order to prevent access by motorbikes is proving difficult to judge as the reported problem is largely about the impact upon people's enjoyment caused by noise and the large size of groups of motorbikes, especially at weekends. Local residents and path users are therefore to be given their opportunity to present their evidence at a non-statutory public inquiry organised by the County Council.

Of the remainder, the problem on two routes may be resolved by applying a `Voluntary Restraint'. Such a measure will be supported and promoted by the local `off-road' groups to try and ensure that vehicle users abide by the code. The problems on two further routes could be eased considerably by small surface and drainage improvements which are now in hand. Other routes will be subject to further monitoring and investigation to assess the problem.

Again, in accordance with the Policy of trying to find the least restrictive measure possible, a possible solution to a problem of fly-tipping on an urban BOAT in Eastleigh, could be to close the route at night only so that free access remains during the day.

All of these measures have been discussed fully with `off-road' group representatives and whilst they do not necessarily fully support all the measures, they have appreciated being involved and all parties have welcomed the existence of the Policy against which these proposed actions can be tested.

Tackling Illegal Use

The Policy also explains that HCC will take action and work with others to prevent illegal access by motor vehicles. To be truly effective this action would require the support of the local Police. The Policy states that HCC will work with the Police to clamp down on this activity and will develop and promote schemes which have this aim.

It is pleasing to report that Hampshire Police have responded enthusiastically to the Countryside Service's invitation to do this. This issue was a major item on the agenda of the Hampshire Countryside Access Forum early this year when officers from Sussex and Hampshire Police Forces attended to discuss replicating in Hampshire a scheme which is proving successful in West Sussex. This scheme called `Pathwatch' aims to make it easy for farmers, landowners and local residents to report illegal activity by motor vehicle users in the countryside and the Police will then take strong action in response, including, if necessary, confiscating the offenders' vehicles. The Hampshire Police `Country Watch' Sergeant has recently helped set up early discussions between local Police officers, HCC Countryside Service and Environmental Protection Officers from Basingstoke and Deane Borough Council, with a view to establishing a similar scheme in the Basingstoke area which could then be rolled out across the county.

Summary

The new Policy is helping the County Council manage this difficult and contentious area of work. It has enabled officers to do this in an open way and made it easier for all to see that it is acting in a fair and consistent manner. Given that this is such a polarised issue, it is significant that the County Council still maintains good working relations with the interested parties on both sides of the debate. These interested parties have participated in developing the Policy and are now working positively with the County Council to see it implemented. Motor vehicle use of Unclassified County Roads does not pose as great a problem as it does on the rights of way network, nevertheless, colleagues in Environment and Recreation and Heritage are currently considering how these routes could be managed in a similar way and how their use and enjoyment by the public for recreation can be protected.

Andrew Smith, Assistant Head of the Countryside Service

September 2008