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 Orders to restrict use of certain Byways Open to All Traffic (BOATs) by mechanically propelled vehicles.
The route currently under consideration (part of Rockbourne BOAT 32 and the whole of Whitsbury BOAT 19a) was included in this list.

1.2. The advertisements for this and other routes have resulted in a number of representations to the County Council which are considered in this report, together with advice received from an Inspector following a non-statutory Inquiry into the proposed extension of an existing Order on East Meon BOAT 42.

1.3. On the basis of public consultation conducted to date and the specific recommendation made in the Inspector's report on East Meon BOAT 42, Officers are requesting authority to introduce a Traffic Regulation Order (TRO) on these two sections of byway, in order to preserve their structure and character.

2) Issues Covered in the Report:

2.1. In reaching this decision, Officers have taken into account the following guidance and policies:

a) Defra Publication - Regulating the use of motor vehicles on public rights of way and off road (http://www.defra.gov.uk/wildlife-countryside/pdf/access/crow/regulating-motorvehicles.pdf)

b) Defra Publication - Making the best of Byways (http://www.defra.gov.uk/wildlife-countryside/pdf/access/crow/bestofbyways.pdf)

c) HCC Policy regarding the use and management of Motor Vehicles on Rights of Way and unsurfaced roads in the Countryside (http://www3.hants.gov.uk/row/vehicles-row/vehicles-policy.htm)

d) HCC Policy for the management of Traffic on Hampshire's Public Rights of Way Network and the use of Traffic Regulation Orders (http://www3.hants.gov.uk/row/making-changes/traffic-regulation-orders/tro-policy.htm)

2.2. If authority is given to make the Order and a TRO is put in place, Officers will ensure that this (and all existing orders) are reviewed every three years, in order to ensure that the reasons behind their introduction are still valid. If this is no longer the case, the TROs may be revoked and the routes reopened to motorised traffic. The results of these reviews will be made publicly available.

3) Recommendations:

3.1. Authority is sought for the making of a Permanent Traffic Regulation Order 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) Rockbourne BOAT No.32 (that section east of the Rockbourne Road only)
and Whitsbury BOAT No.19a

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

- prevent damage to the road

- facilitate the passage of any class of traffic (including pedestrians)

MAIN REPORT

1) Contextual Information:

1.1. Officers of the Countryside Service have become increasingly concerned at the level of damage that is being done to the surfaces of a number of Byways Open to all Traffic (BOATs). This degradation arises from an unsustainable level of use by mechanically propelled vehicles, either in connection with agricultural and forestry enterprises or from recreational use by members of the public, and if allowed to continue could lead to irreversible damage to these routes.

1.2. Over the course of the last year, officers have been involved in a continuing dialogue with representatives of the major user groups (walkers, cyclists, riders and motorised users) on a range of measures that could be introduced to prevent further damage to the surface of a number of Byways Open to All Traffic (BOATs) and to improve public safety and amenity. All of the following have been considered prior to the proposal to making Traffic Regulation Orders.

a) Works - feasible measures that could be made to path, adjacent drainage or vegetation which would improve the surface to the extent that it could sustain use by all types of traffic

b) Monitor Usage - Area-based staff monitor reports from users and local residents, and consider the likely effect of short term measures

c) Voluntary Restraint - Request that motorised users voluntarily restrict their activities to reduce the impact on other users, the fabric of the way, and the environment in general

d) Seasonal TRO - Introduce Temporary or Permanent TROs that would restrict use by certain classes of vehicle during the wetter winter months when the surface of the way is most vulnerable to damage

e) Weight Restriction - Impose a limit on the weight of vehicles using the route, regardless of the number of wheels

f) Restriction on certain Classes of Vehicle - Impose a restriction on the type of vehicles that can be used, normally based upon the number of wheels.

1.3. Although all of the routes under consideration are public rights of way available for use by all vehicles, the surface material is normally soil or gravel at best and will rapidly deteriorate when subjected to an unsustainable level of use by mechanically propelled vehicles.

1.4. Matters of public safety and enjoyment of the routes have also been relevant major considerations.

1.5. 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 use of these ways by mechanically propelled vehicles.

1.6. Authority was given to this proposal 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.

1.7. The publication of the notice of intention to make the Orders drew a considerable number of responses from both sides of the debate.
These communications have been made available to Officers considering appropriate measures for management of these routes.
A table has also been produced that records the comments, endorsements and objections received from User Groups and members of the Public in the period November 2007 to February 2009, to the proposal to introduce additional Traffic Regulation Orders on selected byways.

1.8. Although a number of the correspondents have commented solely on the principle of applying such Orders to the management of Byways Open to All Traffic, others have made specific reference to features of the Rockbourne/Whitsbury route and a summary of their comments is included at Appendix C.

1.9. The proposals that form the basis of this report 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', and guidance documents issued by Defra (see Para 2 of the Executive Summary).

1.10. The proposed action is also in accordance with the criteria set out in the Road Traffic Regulation Act 1984, the relevant sections of which are summarised at Para 2 below.

1.11. Importantly, all TROs applicable to Rights of Way and made by Hampshire County Council are subject to a three year cyclical review. If a new TRO is introduced on this route, it 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 to the public.

1.12. Temporary TROs have been in place on a number of routes,
including Rockbourne BOAT 32 and Whitsbury BOAT 19a, from December 2007, in order to prevent further damage to the surface. Although there has been some continuing illegal use of these byways by motorised traffic, the restriction has been respected by responsible riders/drivers and the routes are beginning to recover, aided in some cases by reinstatement carried out by Council Officers and local volunteers.

1.13. Authority is therefore requested to make a Traffic Regulation Order for the route in question, which would come into effect in the late Spring of 2009.

2) The Route - Rockbourne BOAT 32 and Whitsbury BOAT 19a

2.1. The grounds for wishing to make an order for this route are as follows:

a) to prevent damage to the road or to any building on or near the road

b) to facilitate the passage on any road or any other road of any class of traffic (including pedestrians)

2.2. Rockbourne BOAT 32 and Whitsbury BOAT 19 form part of an extensive network of byways which cross the downs on the Hampshire/Wiltshire borders. This particular route is subject to heavy use by both recreational drivers and riders moving through off-road routes in Dorset, Hampshire and Wiltshire, and also by local residents who use it as a short cut between sections of tarmac highway.

2.3. There has been strong pressure from Parish Councils and major local landowners to have this route closed to motorised traffic, so that the surface will recover and the character of the route will be improved for less intrusive use by the public.

2.4. A summary of all comments received, that directly refer to this particular route, can be found at Appendix C.

2.5. Temporary TROs has been in place since December 2007 and these have been reinforced by the installation of gates which have prevented illegal use by motorised traffic.

3) Legal Framework for the Decision:

Extract from the Road Traffic Regulation Act 1984

3.1. 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

4) Representations received from Members of the Public and User Groups

4.1. Those in favour of a new Order for this route have tended to be local residents and landowners, although support has also been forthcoming from user groups representing walkers and horse riders throughout Hampshire and the wider community.

4.2. Whitsbury Parish Council has been particularly supportive of the proposal to close and gate the Rockbourne/Whitsbury route.

4.3. The views of supporters can be summarised as follows:

a) They believe that motorised traffic has degraded the surface of this route to the point where it is no longer usable in safety and/or comfort by pedestrians, cyclists or horse riders

b) They believe that the character of this route is degraded when historic routes that were traditionally used by pedestrians or pack animals are opened up to motorised traffic.

c) There is concern that both flora and fauna will suffer where motorised access is allowed to ancient routes and that this route should be restricted in order to protect the natural environment.

4.4. Those who are opposed to the introduction of new or extended restrictions have almost always been actively engaged in motorised recreational pursuits and in particular trail riding with off-road motorcycles. Their views can be summarised as follows:

a) They argue that motorised use is already restricted to less than 4% of the rights of way network available to pedestrians and that closure of this and other routes to motorised traffic will severely restrict their legitimate recreational activities.

b) They are concerned that the introduction of new TROs on this and other routes will simply put pressure on the remaining network, resulting in increased wear on the remaining BOATs and possibly leading to yet further BOATs.

c) They believe that the introduction of a TRO on this route will simply lead to an increased level of illegal use by those who ignore, or are unaware of, the newly introduced order.

d) They believe that the character and condition of this route has not changed significantly over the last 20-30 years and that there is no recent increase in wear to the surface that would warrant the restriction of use by mechanically propelled vehicles.

e) They believe that motorcycles are not responsible for the ruts that can be seen in some sections of the route - these result from use by 4x4s and agricultural vehicles - and that motorcycles should not be included in any TRO that is made for this route. A restriction based upon weight or number of wheels would be more acceptable to this group.

f) They believe that the majority of riders are responsible members of groups such as the TRF (Trail Riders' Fellowship) that impose a code of conduct on their members, and that they are being unfairly penalised for the irresponsible conduct of a small number of `cowboys' who are not members of these organisations.

g) They believe that a very small number of local residents have been able to drum up support in the local community simply in order to improve the value of their own properties, where there has been no prior history of opposition to motorised use.

h) They believe that the County Council, as Highway Authority, has a duty to fund the maintenance of this BOAT, rather than restricting motorised use when funds for maintenance are not available, or where damage to the route has been caused by agricultural or equestrian activity.

i) There is a ground swell of opinion that the County Council has not given sufficient consideration to the use of alternative measures to achieve its objectives, and has not taken into account the guidance provided by Defra on the management of vehicles in the countryside.

5) Key Issues:

5.1. 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 does need to be considered alongside other priorities and planned as part of a long term programme. Therefore, not all improvements can be undertaken straight away.

5.2. By definition, a Byway Open to All Traffic is a carriageway, and thus a right of way available for use by vehicular traffic, but one used mainly for the purposes for which footpaths and bridleways are used, i.e. by walkers and horse-riders.

5.3. 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, which includes representatives of the main motorised user groups.
The proposed Order is in accordance with these policies.

5.4. In order to ensure that the rights of way network remains safe, 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.

6) Recommendation:

6.1. Authority is sought for the making of a Permanent Traffic Regulation Order 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) Rockbourne BOAT No.32 (that section east of the Rockbourne Road only) and Whitsbury BOAT No.19a

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

- prevent damage to the road

- facilitate the passage of any class of traffic (including pedestrians)

CORPORATE OR LEGAL INFORMATION:

Comments received on Traffic Management proposals
for Rockbourne BOAT 32 and Whitsbury BOAT 19a