Archived decisions

HAMPSHIRE COUNTY COUNCIL

Report

1. Purpose of Report

1.1. Over the past eighteen months members of the Culture and Communities Select Committee have received reports relating to the Countryside Service's role in managing the public rights of way network and improving access to the countryside. The purpose of this report is to give members a brief update on these issues.

2. Contextual Information

2.1. As the highway authority for the area, Hampshire County Council has certain statutory duties and powers relating to the management and recording of the public rights of way network. These duties and powers have, for many years, been the main influences upon the access work of the Countryside Service and the main considerations when setting priorities. These responsibilities are taken very seriously, but the way in which the Service delivers these is being shaped more and more directly by the need to respond to people's needs and to give as many people as possible the opportunity to get out and enjoy the countryside. This change has influenced our priorities and many aspects of the Service's work and is reflected in the reports and recommendations that have been presented to the Committee recently.

2.2. In particular members have received reports on the following;

· the contribution that planning and development control work can make towards improving access,

· producing and implementing Countryside Access Plans

· the management of motor vehicle use on unsurfaced routes,

· how the Service intends to transform the customer's experience when contacting the County Council about rights of way.

2.3. This report will briefly update members on all four of these issues.

3. Planning and Development

3.1. In October 2008 the Countryside Service presented a briefing paper to the Culture and Communities Select Committee outlining our approach to development control. The paper set out how we respond to planning applications made to local planning authorities and seek developer contributions for access improvements.

3.2. Our role is to protect and enhance the safe use and enjoyment of the countryside by protecting the existing rights, negotiating alternatives and securing improvements to the network. Each application requires careful scrutiny to ensure that the implications for the rights of way network have been fully realised by the developer and that suitable arrangements included as part of the planning application, taking into account any additional pressures generated by the proposed development. We have a positive working relationship with the local planning authorities who increasingly reflect our concerns when making the decision on whether to grant an application although there is still room for improvement here.

3.3. Large scale developments (e.g. more than 1,000 homes) can provide opportunities to make significant improvements to the access network ensuring that existing and new communities benefit from the ability to access and enjoy the local countryside and green spaces. The earlier the Service is included in these proposals, the greater the opportunity to secure better access for the public. An example of this is the inclusion of a new multi-user route allowing for walking, cycling and horse riding, linked to a network of green spaces and circular routes in the West of Waterlooville Major Development Area. The developers have agreed to construct the path and made contributions to its ongoing maintenance and off site links both north and south of the development.

3.4. As part of the recent review of the Countryside Service, the Senior management team has been joined by a Strategic Development and External Funding Manager, Jo Hale. This post will influence the design and implementation of proposed strategic development areas to ensure that Hampshire residents have safe and easy access to high quality green spaces. The role will also consider how the Countryside Service green assets could develop to meet the changing needs of the community and to try and secure investment to take this work forward.

4. Countryside Access Plans

4.1. The Countryside & Rights of Way (CROW) Act 2000 requires highway authorities to review the adequacy of their rights of way and to publish Rights of Way Improvement plans. Hampshire County Council has taken a wider approach to this duty and published the Hampshire Countryside Access Plan (CAP), which looks at the full range of access to the countryside, in addition to rights of way. The Hampshire CAP comprises:

· 7 local area CAPs, each of which identifies the main issues affecting enjoyment of the countryside in a specific part of Hampshire and sets out a table of actions for improvement

· A strategic County Overview, which reports on the work undertaken to produce the area plans and identifies the county-wide priorities for improving access to Hampshire's countryside.

4.2. What we reported last time:

The County Overview CAP was presented to the Culture and Communities Select Committee in June 2008, for endorsement by the Executive Member for Recreation and Heritage before publication of The Hampshire CAP later that year. Members welcomed and supported the approach to the CAPs and the amount of work, consultation and partnership which had been involved. They resolved that the Executive Member be advised to endorse the County Overview CAP asked for a progress report to be submitted back to them in 12 months' time.

4.3. What we've done since:

4.3.1 The Hampshire CAP was published at the end of 2008 and is available on Hantsweb at www.hants.gov.uk/countryside-access-plans. Printed copies were circulated to all Members and to a range of individuals and organisations including officers within HCC, district and parish councils, other partner organisations and user group representatives.

4.3.2 The Countryside Service has for some time worked to improve the rights of way and access network. The Hampshire CAP now provides a framework for planning and coordinating this work, both within HCC and with external partners, based on what local people have said that they want. Priority is being given to capital projects and other work by the Countryside Service that contributes to implementing the plans; the CAP is a key reference in any consultations affecting rights of way and other forms of countryside access; it is also provides a basis for funding from a range of sources, including the Hampshire Countryside Access Forum's Small Grants Scheme and funds allocated within the Local Transport Plan.

4.3.3 The Plans also influence the policies and priorities of the Service on both a strategic and countywide level and act as an important reference on a more day to day basis, for example in relation to improvements that may be needed to a specific route or opportunities presented by planning applications.

4.3.4 Some key achievements in CAP implementation in 2008-09 include :

· £40,000 from LTP funding and developer contributions invested in the first phase of surfacing and other improvements to Park Lane bridleway, Horndean, to provide a walking, cycling and riding link from Horndean to Havant.

· LTP funding for improvement (drainage and resurfacing) of a BOAT/RB route to improve a key link from Andover to the countryside access network south of the A34 near Goodworth Clatford.

· 25 local improvement schemes completed as a result of £20,000 funding from the HCAF Small Grants Scheme, matched by a further £27,000 of external funding and employing 900 volunteer hours.

4.4. What we plan to do this year:

Following the Countryside Service Review in 2008-09, three Area Countryside Access Managers have been recruited, whose responsibility it is to coordinate the implementation of CAPs in their areas. They will work with local advisory groups made up of a balance of users and landowners/land managers to plan and prioritise specific improvement work and projects and identify opportunities for partnerships and combining of resources. Many of these improvements will be undertaken directly by our own teams, some will be managed and resourced by organisations external to HCC.

4.5. Monitoring and reporting

The Hampshire Countryside Access Forum has taken a keen interest in the CAPs from the start, overseeing and participating in their production and taking the lead on specific improvement projects such as `Discovering Hampshire's Lost Ways'. The Forum will be closely monitoring the implementation of the CAPs. Work is being undertaken this year to establish an effective system of recording work done both by HCC and partner organisations which specifically contributes to the delivery of the Plans.

5. Managing Motor Vehicles

5.1. 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 just over 18 months and is proving to be a great help to officers, land managers and users alike.

5.2. 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.

5.3. Implementation : Managing Legal Use

5.3.1 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.

5.3.2 Over the last year, the Countryside Service has followed up over 30 cases where action has been requested to respond to people's concerns about the use of motor vehicles on rights of way. This has been where this use is perceived as being detrimental to the path or to the safety and enjoyment of other users or local residents. All these cases have been investigated, evidence has been gathered and then judged against the new Policy. Consultation and discussion has then followed with interested parties where appropriate. In 12 cases this has resulted in Temporary Traffic Regulation Orders whilst the problem was fully assessed.

5.3.3 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 six of these routes to prevent access by motor vehicles. One of these will be for winter months only and all will be subject to review after three years. In another case, on the South Downs Way, the case for a Traffic Regulation Order to prevent access by motorbikes was proving difficult to judge as the 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 were therefore given their opportunity to present their evidence at a non-statutory public inquiry organised by the County Council. This opportunity to debate the issues was welcomed by all sides and will be repeated in similar circumstances if they arise and if funding allows.

5.3.4 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.

5.3.5 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.

5.3.6 The Countryside Service has fully supported the example of a truly inclusive and measured approach taken in East Meon to tackle the problems associated with vehicular use on a local network of five Byways Open to All Traffic. In this example, a local group of residents organised a public meeting attended by over 100 people. Whilst most people there were against vehicle use, motor vehicle users also attended and the County Council were invited to explain the approach recommended by the new policy. This measured, step by step approach was welcomed and is being employed. This is working well so far and local residents, vehicular users and the area Countryside Service team have worked together to improve the condition of the routes in question. This may well prove to be a good model to follow when similar problems occur elsewhere in the county.

5.3.7 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.

5.4. Implementation :Tackling Illegal Use

5.4.1 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.

5.4.2 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 last 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 Countryside Service is now leading a Pathwatch partnership in the Basingstoke and Dene area to test this coordinated campaign against unlawful or anti-social use, with a view to rolling out this campaign countywide.

5.5. 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. The recent example of local residents in East Meon picking up and using the measured and inclusive approach recommended to tackle issues of local concern is very encouraging. Those 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 CCRA 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.

6. Rights of Way Reports - `Transforming Customer Experience'

6.1. In March this year Members were asked to consider a report arising from a Review undertaken by Treasurers' Consultancy for CCRA about the improvements that could be made to the rights of way service in order to provide a better service to our customers.

6.2. The reasons for the Review were:

· To respond to the feedback from some customers that they are unaware of how their reports of problems on the rights of way network are managed.

· To provide better information and develop a more efficient service to help reduce the gap between some people's expectations of how reports will be responded to and the service that we are able to provide.

· To increase the benefits Hantsdirect Contact Centre can have for the customer and the Countryside Service

· To help create a more positive perception of the County Council amongst users of the rights of way service and increase their willingness to participate in helping to manage the network.

6.3. Since March progress has been made in accordance with the proposed actions set out in the Report's Action Plan. One of the ways of possibly providing a more efficient service was to test the effectiveness of tackling some of more routine maintenance work through a piece of work that could be undertaken by outside contractors allowing our in-house teams to undertake some the more complex and specialist work. A contract is being put together to test this approach in relation to vegetation clearance in the north of the county this summer with a full pilot project planned for next year.

6.4. Progress has also been made with a view to developing an IT system which would enable better management of rights of way information. This will allow more frequent and better informed responses to our customers as well as improving our internal processes and making the service work more efficiently. Officers from the Countryside Service are currently working with colleagues in Highways to see if the needs of the two services could be met by just one system. It would seem there is a good possibility that this can be achieved and that there could be efficiencies in doing so.

6.5. In the meantime all the Countryside Service teams have changed their ways of working in order to provide a more consistent service to our customers and to give customers the confidence to know that their reports have reached the correct place. The Countryside Service will be working closely with Contact Centre in the coming months to follow up the actions in the report with a view to providing customers with a greater level of information and realistic expectations of the time their report will take to resolve.

7. Conclusions

7.1. The above update is intended to demonstrate to Members the progress that has been made with issues which have previously been considered by the Committee. Hopefully, all the issues show the importance of involving others in our work and that much can be achieved through consultation and understanding local needs and pressures. It is going to become even more important to make these local connections and to work with external partners and funding bodies in order to achieve the improvements to people's enjoyment of the countryside which all of the above matters aim to address.

7.2. Comments or questions on these or any other rights of way or countryside access issues would be welcome.

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