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Division(s):
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ITEM CA13
CABINET
– 19 JULY 2005
THE RIDGEWAY:
SEASONAL TRAFFIC REGULATION ORDERS
Report
by Head of Sustainable Development
Introduction
- This report sets
out proposals for making traffic regulation orders (TROs) to prohibit
motorised vehicles (except for access) between 1 October and 30 April
each year on the two sections of The Ridgeway National Trail in Oxfordshire
which have the legal status of Road Used as Public Path (RUPP). In addition
it is proposed to include one length of adjoining RUPP, designated as
part of the Swans Way. The plans at Annex 1 (download
as .pdf file) show the location and extent of the proposed TROs.
- Consultation regarding
the proposals, in line with statutory requirements, has been carried
out on behalf of the County Council by its consultants Jacobs Babtie.
The representations made are outlined within the report and summarised
at Annex 2 (download as .doc file).
The full consultation report and a file of all the representations received
have been placed in the Members’ Resource Centre.
Background
- The purpose of
designation of The Ridgeway as a National Trial is to provide continuous
walking, horseriding and cycling through the finest scenery. The proposed
TROs are part of a wider programme of action towards meeting this purpose.
The Action Plan, drawn up by the Countryside Agency in collaboration
with the relevant highway authorities through The Ridgeway Management
Group, includes a range of measures to improve the surface condition
of the Trail. These include surface repairs, drainage work and action
against illegal vehicular use as well as traffic regulation orders.
This two year programme, now in its second year, is being grant aided
by the Countryside Agency.
- Within Oxfordshire
surface repairs and localised drainage works have been carried out since
2003 using carefully selected materials and sustainable methods which
reflect the need to maintain the character of this route, passing as
it does through nationally important landscapes designated as Areas
of Outstanding Natural Beauty (AONBs). There has been a noticeable improvement
to the surface in some places, although it is also apparent that damage
consistent with recreational motor vehicle use is still occurring, especially
in the winter months.
- To begin to tackle
this problem temporary TROs were implemented during last winter (29
November to 30 April) on three specific sections to prevent further
damage. Monitoring of vehicle numbers showed a significant drop in use,
although it became clear over the winter that the restricted coverage
was causing confusion and was hampering the police enforcement work.
- It was decided
to investigate the feasibility of extending coverage of TROs to all
appropriate lengths of The Ridgeway in the county, ie those classified
as RUPP. Consultation with stakeholders (including local councils, landowners
and user groups) was carried out in March 2005. Some 72% of responses
from those originally targeted, including Thames Valley Police, indicated
a strong preference for TROs on all RUPP sections. The exercise also
generated some 58 responses from concerned individuals, mainly motorcycle
users, opposing use of TROs. Given the strong level of local support
and the specific request from Thames Valley Police, it was decided in
consultation with the Executive Members for Sustainable Development
and Transport to proceed.
The proposed
Traffic Regulation Orders
- The Ridgeway National
Trail within Oxfordshire follows RUPPs over two separate sections. The
first is that length (22.34 Km) along the top of the escarpment of the
North Wessex (Berkshire) Downs between the county boundary at Ashbury
east to the county boundary at East Hendred. The other is the section
(9.26Km) from Britwell Salome northeast to Lewknor along the foot of
the Chilterns escarpment. Two TROs are proposed to cover these two distinct
geographically separate sections. In addition, and in response to a
point raised during the stakeholder consultations, it is proposed to
include in the second TRO a further short RUPP continuation, designated
as part of the Swans Way, immediately south of Britwell Salome. The
plans at Annex 1 (download as
.doc file) show the location and extent of the proposed TROs.
- It is considered
appropriate to make the TROs for the following reasons which constitute
statutory grounds under Section 1(1) and Section 22 of the Road Traffic
Regulation Act 1984 (RTRA) and which were cited in a ‘Statement of Reasons’
prepared as part of the consultation.
(a) to
protect the surface of the various public rights of way.
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Section
1(1)(b) RTRA for preventing damage to the road.
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(b) as
a result, the way will be able to be used more easily in
the winter by walkers, horseriders, cyclists and carriage
drivers and between May and September by all legitimate
users.
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Section
1(1)(c) RTRA for facilitating the passage on the road of any class
of traffic (including pedestrians).
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(c) to
help protect the existing character of the way so it can
be enjoyed all year round taking into account its designation
as a National Trail.
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Section
1(1)(d) RTRA for preventing the use of the road by vehicular traffic
of a kind or its use by vehicular traffic in a manner which is
unsuitable having regard to the existing character of the road
or adjoining property.
Section
1(1)(e) RTRA for preserving the character of the road in a
case where it is specially suitable for use by persons on
horseback or on foot.
Section
1(1)(f) RTRA for preserving or improving the amenities of
the area through which the road runs.
Section
22 RTRA for a road in an area of outstanding natural beauty
for conserving or enhancing the natural beauty of the area
or of affording better opportunities for the public to enjoy
the amenities of the area.
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- The effect of
the proposed orders would be to exclude motor vehicles from 1 October
to 30 April each year. The dates cited are those agreed by the Ridgeway
Management Group and will ensure consistency with the seasonal TRO already
in place on The Ridgeway in Wiltshire and that proposed in West Berkshire.
- The proposed orders
do not apply to any vehicles needing to gain access to premises adjacent
to these sections of The Ridgeway or Swans Way, for example farmers
needing to access fields or residents needing daily access to their
properties. Exemptions are also included for emergency services and
access needed to carry out works of various kinds.
- In a number of
places unclassified roads or other RUPPs cross The Ridgeway. In response
to comments received and to maintain the opportunity for recreational
vehicles to use these crossing routes they are specifically excluded
from the proposed orders. The effect otherwise would be to create numerous
cul-de-sac routes.
- The temporary
TROs in place during last winter excluded non-motorised vehicles such
as horse drawn carriages. The proposed TROs do not apply to such vehicles,
as there has been no evidence of such use. This will reduce the overall
size and visual impact of the signs required.
- The Ridgeway is
situated entirely within the North Wessex Downs and Chilterns AONBs.
Therefore account has also been taken of the County Council’s duty under
the Countryside & Rights of Way Act 2000 to have regard to the purposes
of conserving and enhancing the natural beauty of an AONB when exercising
its functions.
Consultation
responses
- The consultation
regarding the proposals was carried out on behalf of the County Council
by its consultants Jacobs Babtie. The proposed TROs were advertised
formally between 6 May 2005 and 3 June 2005. Consultation packs were
sent to statutory consultees including an extensive list of interested
organisations. Notices were posted on site along the length of the affected
route and in local papers. The notices, orders, plans and Statement
of Reasons were made available for public inspection at County Hall,
at local libraries and on the County Council’s web site. Copies of these
documents have been placed in the Members’ Resource Centre.
- There were 139
responses to the consultation. Of these 17 (12%) raised objection, 120
(86%) supported the proposals, one response expressed concerns and one
requested further information. A summary of the responses is provided
at Annex 2 (download as .doc file).
The full report from Jacobs Babtie, which includes a table addressing
each response individually, is available in the Members’ Resource Centre.
- Of those supporting
the proposal, 31 commented on the condition of the surface and three
commented specifically that the complete TRO coverage of The Ridgeway
in Wiltshire and West Berkshire over the last winter had made a notable
difference to the surface condition. Some 50 responses referred to the
need for consistency with Wiltshire and West Berkshire, particularly
as this would help the police enforce the orders. There was also a suggestion
from 29 respondents that the orders should apply all year round. Such
a move would not provide consistency with neighbouring authorities.
The Ridgeway Management Group has been mindful of the duties of highway
authorities to protect the rights of all legitimate users and does not
support all year closure to motor vehicles on such a scale.
- The 17 objections
received focus mainly on two issues: that there should be adequate maintenance
to allow motor vehicle use rather than a ban and that motorcycles do
not cause damage and/or cause less damage than farm traffic and 4x4
vehicles and should therefore be excluded from any prohibition.
- As outlined above,
the Action Plan being implemented with Countryside Agency grant aid
includes physical works to improve the surface condition and improve
drainage where this is possible. The geology and local conditions mean
that drainage is not always a viable option. Despite levels and methods
of maintenance in keeping with its nationally important character damage
has occurred during the winter especially where The Ridgeway is used
as a challenge for off road driving. To maintain the surface to sustain
such use would require significant investment in suitable surface treatments
that would be detrimental to its character and setting.
- Whilst it would
be possible to exclude motorcycles the consultation has identified a
strong preference for consistency and simplicity. The Wiltshire TRO
and that proposed in West Berkshire cover motorcycles. Consistency facilitates
police enforcement and assists with public understanding. While motorcycles
may not cause as much damage as heavier vehicles if they are used sensibly,
experience shows that inconsiderate motorcycle use can cause significant
damage as well as conflict with other users.
- Access for farm
vehicles must be maintained and whilst damage does occasionally occur
this is limited in extent and clearly attributable. The Action Plan
includes work to identify areas of concern and work with landowners
to find suitable solutions.
Options
- There are three
options available:
- to decide not
to proceed with the proposed TROs.
- to proceed with
amended TROs, although any significant change in the effect of the
orders, through varying the geographical coverage or classes of motor
vehicles included for example, would require further consultation;
or
- to proceed with
the proposed TROs.
- If it is decided
to proceed with the TROs there will need to be one minor clerical amendment
to the detailed schedule for the order covering The Ridgeway/Swans Way.
In the schedule as drafted the RUPP followed by the Swans Way is listed
as being in Ewelme parish, but is in fact just over the boundary in
Swyncombe parish.
Financial
Implications
- If it is decided
to proceed with the TROs the costs associated with further advertisement
and provision of signing on the ground can be met from existing budget
allocation and matching grant aid from the Countryside Agency. Ongoing
maintenance of the signs will be a call on limited revenue budgets for
public rights of way management.
RECOMMENDATION
- The Cabinet
is RECOMMENDED having regard to the responses received during the consultation,
to proceed with the proposed seasonal traffic regulation orders to prohibit
motorised vehicles during the winter (1 October to 30 April) each year,
subject to the minor clerical amendment referred to at paragraph 22
of the report.
CHRIS
COUSINS
Head of Sustainable
Development
Background papers: The Ridgeway National Trail – Winter Traffic Regulation
Orders Consultation. Jacobs Babtie June 2005.
Contact
Officer: Keith Wheal, Countryside Services Manager. Tel: 01865
810202
June 2005
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