THE USE OF RECREATIONAL VEHICLES IN THE COUNTRYSIDE
To: Environment Panel
Date: 23 July
From: Assistant Director - Environment Division
1.0 PURPOSE
1.1 To consider the issues arising from the use of recreational vehicles in the countryside, to outline guidance on how such use should be managed, and to consider specific measures in West Huntingdonshire.
2.0 BACKGROUND
2.1 The National Parks and Access to the Countryside Act (1949), which sought to register public rights of way in the countryside, did not address the issue of the use of paths and ways by vehicles. Public use at that time was largely limited to walkers and horse-riders. The Countryside Act (1968) and the Wildlife and Countryside Act (1981) attempted to clarify the position by distinguishing the ways on which vehicular rights existed, and by calling them Byways Open to All Traffic (BOAT).
2.2 A BOAT is defined as 'a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purposes for which footpaths and bridleway are so used'. This definition excludes from registration as a byway, any road which is used regularly by vehicles as a part of the local transportation network, rather than for less regular recreational purposes. However, by the 1980s the use of off-road recreational vehicles was already increasing and this trend has continued to gain momentum.
2.3 The use of country ways by vehicles is an emotive issue. It is often difficult to assess whether there is a real problem of damage and nuisance to other users, or whether this is a perceived problem arising from a repugnance to the idea of country paths being used by vehicles. In addition, damage may well be caused by those exercising legitimate private vehicular rights of access.
2.4 The existence of vehicular rights may increase the likelihood of rubbish dumping, trespass, car-wrecking and firing, and of occupation by travelers Mechanisms exist to address these problems and the presumption should not be made that vehicular rights automatically give rise to these issues.
3.0 HIGHWAY AUTHORITY POWERS
3.1 Highway Authorities have powers to introduce Traffic Regulation Orders (TROs) to prohibit, restrict or regulate traffic on highways. There is a general requirement for Highway Authorities to make exemptions when exercising these powers, to enable access to properties or land that can only be reached from that highway. The term 'traffic' includes pedestrians and horse riders as well as vehicles (four or two wheel) and TROs may be applied to any highway. In practice TROs have particular relevance to the restriction of the use of Byways Open to All Traffic (BOATs) by all or specific classes of vehicles. BOATs form an estimated 5% of the national public rights of way network. Every type and size of motor vehicles, in addition to horses, cyclists and pedestrians, has a legal right to use BOATs.
3.2 The Road Traffic Regulation Act (1984) gives highway authorities power to make TROs on roads, including BOATs, for the following reasons:
· For avoiding danger to persons or traffic.
· For preventing damage to the road.
· For facilitating the passage on the road of any class of traffic including pedestrians.
· For preventing the use of the road by unsuitable vehicular traffic in relation to the characteristics of the road.
· For preserving the character of the road in a case where it is especially suitable for use by persons on horseback or on foot.
· For preserving the character of the road in a case where it is especially suitable for use by persons on horseback or on foot.
· For protecting the amenity of the area through which the road runs.
3.3 Section 22 of the 1984 Act supplements these powers by enabling a TRO to be made in designated special areas of countryside for the additional purpose of conserving or enhancing the natural beauty of the area.
3.4 The Department of the Environment Joint Circular 2/93 sets out Guidelines concerning the purpose and use of TROs. Paragraph 13 states:
"Conflicts over the type of use may occur on some public rights of way and authorities should look to solve these where possible by management measures involving voluntary restraint which they themselves will help monitor Under the Road Traffic Regulation Act 1984 orders can also be made to prohibit, restrict or regulate traffic using particular highways, including footpaths, bridleways and byways open to all Traffic ..... The Secretaries of State commends the use of such orders to prevent inappropriate use and to protect the countryside where this is necessary and other management measures have failed or are considered inadequate."
4.0 THE NATIONAL PERSPECTIVE
4.1 Byways are an emotive issue because of the conflict between different types of user, public perception and the costs associated with the registration and management of these highways. Many studies and reports have been undertaken
and summaries of these are attached in Appendix I. In all the studies it was suggested that the right of all users, including motorised users, need to be respected and the legislation is robust enough to manage any problems if correctly applied.
5.0 THE CAMBRIDGESHIRE SITUATION
5.1 The Structure Plan (1993) sets out the Council's general policies towards conservation and countryside recreation. Under 'Tourism, Recreation and Leisure' it states "In the countryside emphasis will be on low-key activities such as walking, cycling, horse-riding, outdoor sport and nature conservation. High priority will be given to the protection of the landscape and avoiding disturbance to wildlife". The importance of public rights of way as a recreational resource for walking, horse- riding and cycling is recognised.
5.2 The Rural Strategy (1992) states that one of its overall objectives is "to protect and enhance the countryside environment, its landscape, wildlife and archaeological resources, and extend opportunities for people to enjoy it . The strategy discusses the use of BOATs by recreational vehicles and states that "the Council uses TROs only in exceptional circumstances (such as on the Roman Road near Cambridge) and must weigh carefully the needs of conservation, quiet enjoyment and the rights of off-road vehicle owners". The Strategy then states "We will consider the use of TROs where they would bring benefits in terms of nature conservation and quiet enjoyment of the countryside, and take full account of the interests of all current users".
6.0 THE MANAGEMENT OF BYWAYS IN CAMBRIDGESHIRE
6.1 It is estimated that BOATs comprise some 5-6% of the public rights of way network in Cambridgeshire. The general situation appears to be that there is no widespread misuse, but that there are a small number of routes which have sustained considerable surface damage from vehicular use including use by farm vehicles, exacerbated by clay soil.
6.2 Byways become damaged as a result of significant use when the soil is wet or waterlogged. Use by horse-riders as well as vehicles during the winter, results in surface damage. Proper maintenance to ensure that paths drain properly and dry out quickly will ensure damage is kept to a minimum and paths remain usable. Maintenance work includes:
· clearance of overhanging vegetation to help air and light get to the surface to dry it out;
· ensuring the public can use the full width of the paths by keeping the paths free of scrub through annual cutting;
· levelling the surface of paths so that they drain;
· raising the surface of paths so they drain;
· installing surface ditches and underground drainage;
· place a new surface on top of the path;
· undertaking soil conditioning and stabilisation.
6.3 Some management techniques are very expensive and the public's expectations as to what constitutes an acceptable surface are rising. Historically the drove roads were wide because they were used for driving cattle and became quagmires in the winter. A wide drove spreads the traffic and reduces wear and tear. Determining what is the appropriate form of management and the acceptable standard of maintenance needs to be carefully balanced with costs and public use.
6.4 Many responsible path users understand that paths may not be accessible all year round and accept that making them so would be too expensive and would destroy the rural quality of the path. Path users do exercise restraint and voluntary restraint is to be encouraged as a management tool. In seeking formal voluntary restraint, we consult recognised user groups and publicise the need for restraint as widely as possible amongst potential users.
6.5 Where problems persist, temporary path closures can be used to protect the paths at the most vulnerable times. The proposal to close on a temporary basis should be supported by local councils and user groups. An order would be published for public consultation. The order would be enforced by placing temporary barriers across the paths that could be removed at the end of the closure. Access to landowners and those with private rights would be taken into account and provided for.
6.6 Permanent restrictions can also be considered and have been used on some paths around the county. These are enforced with locked gates, bollards and earth bunds. There are capital and maintenance costs associated with gates and bollards. Earth bunds are low maintenance but make access for maintenance difficult. Creative use of width, height and weight restrictions combined with barriers could help address both maintenance costs and access problems
7.0 PROPOSED PROCEDURES
7.1 In order to effectively manage traffic and the physical path network, it is suggested that the authority should adopt guidelines on the management of vehicles on byways. Officers need to treat each case equitably and need clear guidelines to work within when dealing with the public on what is an emotive and sensitive issue. The public also expect a clear position statement from the Highway Authority to give consistency to applicants for orders and equity to all path users.
8.0 RECOMMENDATION
8.1 It is recommended that the following guidelines be adopted to byways in the county:-
(a) Ensure that adequate path management (vegetation clearance, drainage, levelling of ruts) had been carried out.
(b) Try voluntary restraint through liaison with user groups.
(c) Test the effectiveness of temporary (usually seasonal) orders.
(d) Test limiting (width, height, weight) traffic regulation orders.
Before resorting to a full prohibition of traffic order.
In exceptional circumstances such as on nationally important sites (SSSls) this authority would consider:-
(a) Carry out more extensive path management work, e.g. laying new surfaces or carrying out soil conditioning work to provide better access to a wider range of users over a greater proportion of the year.
(b) Immediately imposing prohibition orders where evidence of excessive damage could be proven.
(c) immediately imposing prohibition orders where public safety is at risk and on the advice of the chief constable.
9.0 HARTHAM STREET, EASTON TO SPALDWICK, COCKWAY LANE AND SANDYE LANE WEST HUNTINGDONSHIRE
9.1 Four byways in the west of the county have recently suffered further damage by irresponsible and persistent misuse by off-road recreational vehicles. These paths form an important part of the local path network and use by vehicles has excluded other users as well as damaging the path and local flora/fauna (map attached in Appendix II).
9.2 Since 1988 maintenance work has been carried out to clear back encroaching scrub, to level ruts and install drainage. Use of the byways in the winter has also been discussed with motorised user groups and local councils. However, a group (allegedly from Peterborough) has made extensive use of the byways this winter making them inaccessible to other users. It would appear that proper maintenance and voluntary restraint are insufficient to protect these paths.
9.3 Local farmers, path users and the parish council have all requested that restrictions be applied to stop this misuse; 32 complaints have been received in recent months. It is proposed that a temporary restriction be put in place to close the paths to motorised users from 1 November 1998 - 30 April 1999. The orders would be enforced by placing obstacles across the entrances to the paths to be moved at the end of the temporary closure. Heavy farm machinery has been offered by local farmers to block off the paths.
9.4 Officers recommend that the temporary restriction should be made and its success or otherwise evaluated. Powers to make the required Order are delegated to the Assistant Director (Highways) but because of the novelty of this approach, a Member view would be helpful.
10.0 CONCLUSION
10.1 Byways are an important part of the path network and greatly valued by many people. Responsible use by motorised and other users is welcomed but where irresponsible use renders paths inaccessible, a more proactive approach is required. The total surface area of byways in the county is equivalent to the size of a country park and as an equally valuable resource, appropriate management is required.
11.0 RECOMMENDATION
11.1 It is recommended that the Panel endorses:
· the proposed management procedures for byways outlined in Paragraph 7.2
· the imposition of a temporary restriction on the network of byways identified in the West Huntingdonshire area (Appendix II).
APPENDIX I
Study by the Rights of Way Review Committee
(a) A thorough study of the law and practice relating to BOATs and the recommendations as to their management was undertaken in 1992 by the Byways Working Party of the Rights of Way Review Committee (a non-statutory Parliamentary Committee comprising of representatives of national bodies involved with public rights of way). The subsequent report noted that a survey undertaken by Hampshire County Council in 1989 revealed no evidence of widespread overuse or misuse of BOATs. It concluded that "the diminution of public rights whether by TROs or otherwise should not be seen as a means of dealing with problems such as itinerants litter dumping or trespass ...."
(b) The report draws attention to the powers of Highway Authorities to hold a public inquiry into a TRO and recommends that the guiding principle for TROs on byways should be "no TRO restriction without representation at a public inquiry". Its overall conclusion was that "a TRO on a byway should be made only if discussions with organised user groups and parish and district councils, and perhaps experimental trials to secure voluntary restraint, have failed to diminish conflicts of use and damage to surfaces to a manageable and reasonable level".
(c) It was further recommended that "authorities publicise the policy considerations within which they will consider regulation of traffic".
(d) Finally, the report recommended that the procedure for making TROs should be simplified and the associated signing made less costly.
(e) The Department of the Environment began informal consultations on options for legislative and administrative changes in light of this report in 1993. No formal proposals have as yet been put forward.
Government White Paper 'Rural England October 1995
(a) Section 4 (p. 127) 'Vehicles on Byways' notes that "many people have expressed concern about the damage and disturbance which the inconsiderate use of (off- road) vehicles can cause". Conflicts can occur in relation to the 4% of the rights of way network which can be used by motorised vehicles. It states that "we will:
· encourage highways authorities to use their existing powers, including the making of Traffic Regulation Orders, to control or prohibit vehicular use;
· encourage authorities to promote responsible use and practical conservation and maintenance work;
· review the most effective ways of managing vehicles' use of rights of way and prepare better advice to highway authorities on best practice."
(b) It further states: "It has been suggested that the Government should introduce general legislation to protect byways, by banning motorised vehicles from them except for access to property. We do not believe that a conclusive case has been made for such action. Nevertheless, we will discuss this issue further...to see whether general legislation may be desirable."
(c) In June 1995 the DoE reported that is it now drawing up a 'best practice' guide for managing vehicles in the countryside, which is due for publication in April 1996.
Department of Transport (DOT) Consultation, 'Vehicles on byways' August 1996
In August 1996, the DOT carried out a further consultation on the use of vehicles on byways. The consultation paper made several proposals for amending current legislation. Discussions at the Eastern Region's County Surveyors Society and Cambridgeshire's Countryside Advisory Working Party all concluded that current powers were sufficient to manage problems that may arise from vehicular use of byways.
DETR Good Practice Guide 1998
The Countryside Commission, the Government's advisors on Countryside Recreation and Management commissioned a study from Entec Environmental Consultants to draw up a good practice guide for managing public byways having first assessed the extent of management problems. Copies of this Report are available from DETR or the Countryside Access Team.