Meeting documents

Cabinet
Tuesday, 19 July 2005

CA190705-13

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Division(s): Grove & Wantage; Hanneys & Hendreds; Shrivenham; Watlington

ITEM CA13

CABINET – 19 JULY 2005

THE RIDGEWAY: SEASONAL TRAFFIC REGULATION ORDERS

Report by Head of Sustainable Development

 

Introduction

  1. 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.
  2. 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.
  3. Background

  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. The proposed Traffic Regulation Orders

  9. 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.
  10. 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.
  11. (a) to protect the surface of the various public rights of way.

    Section 1(1)(b) RTRA for preventing damage to the road.

    (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.

    Section 1(1)(c) RTRA for facilitating the passage on the road of any class of traffic (including pedestrians).

    (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.

    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.

  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. Consultation responses

  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. Options

  26. There are three options available:

    1. to decide not to proceed with the proposed TROs.
    2. 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
    3. to proceed with the proposed TROs.

  27. 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.
  28. Financial Implications

  29. 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.
  30. RECOMMENDATION

  31. 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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