Archived decisions

HAMPSHIRE COUNTY COUNCIL

Executive Decision Record:

1) Summary:

The following decisions were made:

1.1. That authority be given to make an Order for the introduction of a Seasonal Traffic Regulation Order, under section 1 of the Road Traffic Regulation Act 1984, on the section of byway listed below, affecting the traffic there specified, and on the grounds there given:

a) Hawkley BOAT Nos. 24 and 26

An Order, under s1(b) and 1(f), prohibiting all mechanically propelled vehicles between 1st November and 30th April each year, on the grounds that it will:

· prevent damage to the road

· preserve or improve the amenities of the area through which the road runs

1.2. That authority also be given for the making of Permanent Traffic Regulation Orders under section 1 of the Road Traffic Regulation Act 1984 on the sections of byway listed below, affecting the traffic there specified, and on the grounds there given:

a) East Meon BOAT No.42

An Order, under s1(a), s1(b) and s1(e), to replace the existing Traffic Regulation Order north of HMS Mercury (which currently applies only to four-wheeled vehicles), to include all mechanically propelled vehicles, on the grounds that it will:

· avoid danger to persons or other traffic using the road, or prevent the likelihood of any such danger arising

· prevent damage to the road

· preserve the character of the road where it is specially suitable for use by persons on horseback or on foot

b) Buriton BOAT No.45

An Order, under s1(b), prohibiting all mechanically propelled vehicles, on the grounds that it will:

· prevent damage to the road

c) Chawton BOAT No.10
Farringdon BOAT No.2
Four Marks BOAT No.25

An Order, under s1(b), prohibiting all mechanically propelled vehicles, on the grounds that it will:

· prevent damage to the road

d) Fareham BOAT No.125

An Order, under s1(f), prohibiting mechanically propelled vehicles with three or more wheels, on the grounds that it will

· preserve or improve the amenities of the area through which the road runs

1.3 That consideration of the making of a Traffic Regulation Order for Rockbourne BOAT No. 32 (east of Rockbourne Road only) and Whitsbury BOAT No. 19a be deferred for further analysis of representations received.

2) Reasons for the decision:

2.1 The on-going use of these Byways by motorised vehicles is damaging to the safe use and enjoyment of the routes by others or is harmful to the path itself or the local environment. The Council's policy on this issue is that action should be taken in these circumstances if there is no effective alternative course of action. All other possible solutions have been considered in all these cases before proposing the use of Traffic Regulation Orders.

2.2 In reaching this decision the Executive Member considered further information not included within the report, specifically representations from a) Mr Wallace, b) Mr Collins and c) Hawkley Parish Council:-

a) the substance of Mr Wallace's objections had been covered in the report although his name had been omitted from the list of objectors;

b) the proposed Traffic Regulation Order for Fareham was different in nature to the other proposed Traffic Regulation Orders in that its main purpose was to prevent fly tipping as opposed to recreational use. Mr Collins' objections had not been specifically outlined in the report. Officers confirmed to the Executive Member that the objections would not have changed the recommendation and that Mr Collins' alternative suggestions would not, in their view, have resolved the situation;

c) Although listed in the report as in support of the proposed Traffic Regulation Order, Hawkley Parish Council had not technically supported it as it wanted a more restrictive permanent order rather than the proposed seasonal order.

3) Other options considered and rejected:

3.1. Option 1: Using voluntary restraint.

3.2. Option 2: Imposing weight limits on vehicles.

3.3. Option 3: Seasonal closures.

4) Conflicts of Interest:

4.1. Conflicts of interest declared by the Decision-Maker:

a) None

4.2. Conflicts of interest declared by other Executive members consulted:

a) None

5) Dispensation granted by the Standards Committee:

None

6) Any reasons for the matter being dealt with urgently:

None

7) Statement from the Decision Maker: