What Hampshire County Council says

On April 19 2011

Cradle Lane (Kingsley BOAT 29 & Headley BOAT 36)

This route has been under temporary closures for an extensive period due to its condition, and latterly has been closed to all users to allow significant improvement work to take place. These repairs have now been completed and the surface is in the process of settling. The current closure allows only walkers and cyclists and (from 15th May onwards) horse-riders, and is due to expire on 15th August 2011.

The route, which is also part of the Shipwrights Way and within the new South Downs National Park, was in an extremely bad condition, with ruts in places 4 feet deep. This had been caused by a combination of poor drainage and by vehicles using the route - as well as the tyre tracks there is evidence of irresponsible use by the latter on YouTube. The route is not used by farm or other vehicles as access to fields (i.e. all vehicle use is public).

Over winter 2010/11, the vegetation was cut back, the route scraped back, existing drainage examined closely and the route was then extensively surfaced, new ditches and culverts were cut and concrete rail sleepers laid through the ford and its approaches.

This route was the Countryside Service's top priority for Local Transport Plan funding for 2010/11 and this, together with Developers' Contributions from both HCC and East Hampshire District Council, enabled approximately £39,000 of work to be carried out. This level of investment was necessary in order to bring the route into good order, and it is unlikely that a similar sum will be available in the foreseeable future to repeat such an exercise.

The County Council is now concerned to protect this investment, in view of the damage the route has sustained over many years between several previous repairs. The route is vulnerable to damage by vehicles during wet weather at any time of year, and from vehicles using the ford (which can be several feet deep even in summer) and wetting the route on either side.

The District Council, local Parish Councils and some users have already contacted us (having seen the work taking place and the damage which was caused previously) asking that the route is not re-opened to vehicles. This has to be balanced with the Council's policy (http://www3.hants.gov.uk/row/making-changes/traffic-regulation-orders.htm) and the legal rights that exist on this route.

It is therefore proposed that the route is progressively opened up over the next two years, so that the effect of use on the surface can be seen and monitored, with a view to establishing the level of use which the route can sustain in the long-term. The route is currently open to pedestrians and cycles only and the proposal is;

• From May 15th 2011, open to ridden horses in addition to pedestrians and cycles
• From mid-Aug 2011 open in addition to horse-drawn carriages
• From March 2012 open in addition to motorcycles
• From March 2013, if the surface is holding up well, open to all users (including 4 wheel motor vehicles) for the summer.

Should you have any concerns or wish to discuss this matter please don't hesitate to contact me.

Many Thanks

Vicky Bowskill
01962 846891
Countryside Access Development Officer
Countryside Service
Culture, Communities and Business Services
Hampshire County Council
Mottisfont Court, High Street, Winchester SO23 8ZF

I am writing further to the consultation sent out 19th April 2011 (copy below) regarding proposals to reopen Cradle Lane, which is recorded as a Byway Open to All Traffic, to motorised users. We received a strong reaction to this consultation and have carefully considered all the points that were raised against the relevant legislation and Hampshire County Council's Policy regarding the use of Traffic Regulation Orders.

This lane has, in the past, suffered badly from damage caused by inappropriate vehicular use. In view of the strong opposition to vehicular use of this route and in order to protect the significant investment that has been made in repairing this route, ensuring that it remains in a safe and enjoyable condition for all other path users, it is now proposed to make a permanent Traffic Regulation Order to restrict vehicles with 3 or more wheels from using this route at any time. There is little evidence that two wheeled motorbikes have caused, or are likely to cause, significant damage to the surface during the drier months of the year. As such it is proposed that vehicles with two wheels be restricted between 31st August and 31st May each year, but allowed to use the route during the months of June, July and August. This use will be reviewed following next summer and a further decision made about the appropriateness of this seasonal use by motorbikes for the long term.

I would welcome your views on this proposal. If you have any comments to make and wish them to be taken into account by the Council, I would be grateful if written submissions could be sent to me either by email or at the address below within six weeks of the date of this email. Should you wish to discuss any of the above, please do not hesitate to contact me.

Many Thanks

Vicky Bowskill
01962 846891
Countryside Access Development Officer
Countryside Service
Culture, Communities and Business Services
Hampshire County Council
Mottisfont Court, High Street, Winchester SO23 8ZF
http://www.hants.gov.uk/countryside/row/

Dear Vicky,

I have thought long and hard about the recent proposals and if it was just a case of protecting the surface of Cradle Lane then such a proposition might work, however there are other issues which have to be taken into account. I speak with many years experience of living adjacent to Cradle Lane, my fifteen years on Kingsley Parish Council and most recently as a Ward District Cllr for Selborne.

1. First of note is the weather for this June 2011. Unfortunately we cannot rely on long dry summers even though we have had the driest April and into May on record. Being a farmer I can tell you that hay making is as unpredictable as ever.
2. Knowing how long it takes HCC to restore any damage to a path I fear irretrievable harm could have been done by now had this proposal been active, with yet again many years of waiting for it to be repaired.
3. As a District Cllr. I had many complaints about the state of the byways in Selborne Ward, which included Cradle Lane. There must be in the region of seven or more because it covers, as you probably know, Kingsley, Worldham, Oakhanger and Blackmoor. Not only is the damage to the surface by mpv's disenfranchising other NMU's there is also a problem of noise to all who live within the vicinity. This can be extremely intrusive and is probably infringing the Human Rights Act for the right to the enjoyment of ones own property!
4. Motor cycling 'green laneing' is done by groups of motor cyclists rather than one at a time. These can sometimes number in the hundreds.
5. There is no way of controlling speed or if my informants are to be believed, a lack of consideration for other users. The County of Derbyshire is particularly blighted by inconsiderate green laners even though it is illegal to damage the surface of a highway.
6. East Hampshire District Council have as a top priority in their Local Plan the increased protection of the built and natural environment. These lanes contribute and are part of that precious resource and of course tranquility is a part of that.
7. Sustainable tourism will not be helped by this proposal.
8. Pollution is an issue which with all the current 'greening' initiatives, should be considered. The birds and bees are greatly diminished as it is without pumping yet more noxious gases directly into the natural habitats of wildlife.
9. Flora and fauna need to remain undisturbed in this natural environment through which we are permitted to respectfully pass.

When all is said and done the idea is to get away from the proximity of traffic, which to be brutally honest is incompatible with non-motorised use on the very narrow lanes and particularly those which escaped tarmacing during WW2 such as Cradle Lane.

You can find the 40 yr trauma which it took to get Cradle Lane refurbished and the huge public request for a permanent TRO to exclude motor vehicles, on www.horseytalk.net and clicking 'Riders Rights' on the left hand index. The world is waiting to see if HCC will protect the natural environment, nuisance to residents and the rights to the enjoyment and safety of all non-motorised users, as proposed in the motion sent by EHDC to HCC in September 2007.

I wonder if you realise that in 1855 at the time of the Inclosure Awards for Binsted, Cradle Lane was gated at its northern end? I have attached a section of the Inclosure map for you to see! I suspect only the top half past the houses should have qualified as a BOAT as this was added at that time. The rest should surely be at most restricted byway or bridleway, particularly these days?

Thank you for giving me the chance to comment further.