Agenda item

To pre-scrutinise a report for the Executive Lead Member for Universal Services on the proposals for the management of Byways Open to All Traffic (BOATs)

The Committee received a report from the Director of Universal Services, outlining proposals for the management of Byways Open to All Traffic (BOATs).

A presentation was provided to the Committee, through which is was highlighted that byways open to all traffic (BOAT) made up 6% of the overall rights of way network and that the County Council held a statutory responsibility to assert and protect the public’s legal right to use and enjoy the rights of way, including taxed and insured motor vehicles where applicable. Officers regularly assessed byways, using a RAG status to identify current status, with only 12 byways across the County currently red rated. Where possible the Council would seek voluntary restraint by users to protect those routes, with those which continued to deteriorate subject to winter closure from October to May. At the time of the meeting two byways were subject to winter closure. As a final measure the County Council would apply a traffic regulation Order (TRO). A trial was being undertaken during winter 2023 to monitor, and where necessary close, Amber routes to prevent damage. Consideration was also being given to summer closures, as a result in increased weather events during summer months resulting from climate change. It was heard that the County Council were working positively in partnership with the South Downs National Park Authority (SDNPA), as well as with local residents and user groups, to maintain and protect the byway network. The committee heard that focus within the County Council’s strategy was being moved from a reactive to a proactive approach, which was expected to result in more work on drainage and vegetation, and the development of an annual maintenance programme.

In response to Members questions it was heard that:

·         Gating and fencing was key to deliver successful outcomes from the use of TRO’s, with breaches of TRO’s or other illegal vehicle use being the responsibility of the police to enforce.

·         Engagement with user groups was essential, with support from residents feeding into the success of any TRO’s and there was a fine balance between having sufficient evidence to apply a TRO and ensuring it would stand up to legal challenge.

·         Usage of vehicles on BOATs had generally evolved from historical usage, and the right to do so existed in legislation. It was recognised that this may not have been the original intent of the legislation, and that Highways Agencies in general felt that the legislation needed to be reviewed and updated to bring it in line with modern usage.

·         Greater communication from local communities and residents was welcomed and it was recognised that greater engagement with local volunteers would support protective and preventative approaches in maintaining the BOATs.

·         The Hampshire Countryside Access Forum  (HCAF) was a mix of user groups, landowners and others along with a representative from Hampshire County Council and Southampton and Portsmouth City Councils. Outside of the forum officers worked with Parish and Town Councils across the County to understand their priorities in relation to the entire rights of way network, including Byways.

During debate Members strongly encouraged ongoing engagement with Town and Parish councils and local resident and user groups in managing the rights of way networks. In particular it was suggested that paragraph 34 of the report be strengthened to formalise these arrangements.

It was also recognised that every BOAT had its own needs, usage and unique geological make up and approaches needed to be specific, not broadly generalised.

After listening to questions and debate, the Executive Member for Countryside and Regulatory Services informed Committee that he planned to write to Rebecca Pow MP (Environment, Food and Rural Affairs) appealing to Government to look at regulations to enable a wider scope for TRO’s.

RESOLVED:

The Universal Services Select Committee supported the recommendations

being proposed to the Executive Lead Member for Universal Services on page 1 of the report.