Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report :

EXECUTIVE SUMMARY

1) Summary of Decision Area:

1.1. On 17th July 2008, the Executive Member for Recreation, Heritage & Communities gave authority for Officers to advertise their intention to make a number of Traffic Regulation Orders (TROs) to restrict access and use by mechanically propelled vehicles to specified Public Rights of Way.

1.2. The County Council's intention to make these Orders has been advertised following the statutory processes and this has provoked a considerable response on both sides of the debate. Officers have considered all these responses fully and have considered the proposals further against the relevant legislation and the Council's own policy statements.

1.3. Officers have considered a range of alternative measures that could be applied to these routes, but still believe that the introduction of TROs on the most seriously affected byways is the only solution that is likely to be effective in practice.

1.4. Authority is therefore requested to make a number of Traffic Regulation Orders for specified routes to commence in the Spring of 2009.

1.5. The County Council has made a commitment to review all TROs every three years and to publicise the results of these considerations. Such a review will therefore be necessary for all of these proposed TROs once they have been in place for three years.

1.6. In November 2008, the County Council convened a non-statutory Inquiry into the proposal to extend the existing TRO on East Meon BOAT 42 to include motorcycles. This is a particularly finely balanced case which warranted this public airing and debate of the issues. A report and recommendation is currently awaited from the government appointed inspector from the Planning Inspectorate and therefore this route has not been included in this report.

2) Recommendation:

It is recommended that Hampshire County Council should 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 sections of byway listed below:

a) 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)

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

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

d) Fareham BOAT No.125 - Glen Road - under s1(f)

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

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

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

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

MAIN REPORT

1) Contextual Information:

1.1. Over the course of the last 12 months, Officers have been involved in a continuing debate with representatives of the major user groups on a range of measures that could be introduced to prevent further damage to the surface of specified routes. Although the rights of way in question are all classified as Byways Open to All Traffic, the surface material is soil or gravel at best and will rapidly deteriorate when subjected to an unsustainable level of use by mechanically propelled vehicles. Matters of public safety and enjoyment of the routes have also been relevant major considerations.

1.2. On 17th July 2008, officers sought authority from the Executive Member for Recreation, Heritage & Communities for Officers to advertise their intention to make a number of Traffic Regulation Orders (TROs) which would restrict access by mechanically propelled vehicles to specified Public Rights of Way.

1.3. The recommendation contained in this report was duly approved by the Executive Member and legal notices advertising the County Council's intention to make the Orders were placed on site and in the local press in October 2008.

1.4. The responses to the notice of intention to make the Orders drew a considerable number of responses on both sides of the debate. Many of these were from vehicle users strongly opposed to the measures. Many considered that such action was not warranted or was more than was necessary to overcome the perceived problems. These comments have been fully considered although many of the points made repeat concerns expressed as part of the earlier informal consultation.

1.5. Officers have considered a range of alternative measures (such as voluntary restraint, weight limits on vehicles, or seasonal closure) that could be applied to these routes, but still believe that the introduction of TROs on the most seriously affected byways is the only solution that is likely to be effective in practice.

1.6. The proposals are in accordance with the Council's policy on the use of motor vehicles on rural rights of way and unsurfaced tracks and with the Council's policy on the Use of Traffic Regulation Orders. The proposed action is accordance with the criteria set out in the Road Traffic Regulation Act which is set out below.

1.7. Importantly, all TROs for Rights of Way made Hampshire County Council are subject to a three year review. If TROs are applied to these routes, they will be considered again in three years time to assess whether the reasons for the TROs still apply. The results of this review will be made available publicly.

1.8. Authority is therefore requested to make a number of Traffic Regulation Orders for specified Byways in the Spring of 2009.

1.9. In November 2008, the County Council convened a non-statutory Inquiry into the proposal to extend the existing TRO on East Meon BOAT 42 to include motorcycles. This forum provided the opportunity for a full and frank exchange of views between the two sides. The report from the Inspector is still awaited and therefore this case will be included in a report for a future Decision Day once the Inspector's conclusions and recommendations have been received and fully considered.

2) Legal Framework for the Decision:

2.1 Extract from the Road Traffic Regulation Act 1984

Section 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.

Section 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 -

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

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

k) for the purposes of enabling the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act 1990 (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.

3) Key Issues:

3.1. As the Highway Authority for Hampshire, the County Council is responsible for the maintenance of public rights of way. In general, the level of funding available for this activity allows for the clearance of vegetation and repairs/improvements on the most popular routes, but the resurfacing of byways open to motorised traffic is an extraordinary expense that can only be undertaken as funds permit.

3.2. By definition the main use of a Byway Open to All Traffic is as a public bridleway, i.e. by non-motorised traffic.

3.3. The Council has recently produced policy statements on the use of Traffic Regulation Orders and the management of `off-road' motor vehicles in the countryside. These policies were the subject of detailed consultation and the latter was drafted with the help of the Hampshire Countryside Access Forum. These proposals are in accordance with these policies.

3.4. In order to ensure that the rights of way network remains safe and available and accessible to the widest number of users, Officers are therefore forced to consider restrictions on the type of traffic that each route can sustain.

4) Recommendation:

It is recommended that Hampshire County Council should 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 sections of byway listed below:

a) 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)

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

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

d) Fareham BOAT No.125 - Glen Road - under s1(f)

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

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

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

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

CORPORATE OR LEGAL INFORMATION:

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

a)

2. Impact on Crime and Disorder:

a)

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?

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b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

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