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Saving our forests is seeing the wood for the trees

Cradle Lane

Kingsley BOAT 29, Headley BOAT 36, Proposed TRO EIR Request

Maureen Comber writes to Vicky Bowskill, Hampshire County Council

I would have thought Cradle Lane would match all of those criteria and therefore there seems to be nothing to stop HCC making the Order to ban all motor vehicles.

Says Maureen Comber

Says Maureen ComberThank you for the information. However you know that I have sent you information from the Binsted Inclosure Awards and map that only the top half of Cradle Lane is a public highway. I have asked you to send me any information that HCC have that the 1857 Act has been superceded, but no-one has done so. I know that Cradle Lane was always a RUPP (road used as a public path) until some time during the 1980's when HCC upgraded it to BOAT, so it should not be too difficult for you to find the evidence on which this relied. Unless this is forthcoming I would question the historic rights for motor vehicles.

I think it is also only fair to explain that a Byway Open to all Traffic (BOAT) is a highway used by the public, mainly for the purposes for which footpaths and bridleways are used but with a right for vehicles. You probably don't remember but this was really just to satisfy the needs of farm vehicles rather than any general type of use.

I have looked at the guidance from defra to which you refer and note that:

Traffic Regulation Orders (TROs) are made by local traffic authorities under Section 1 of the Road

Traffic Regulation Act 1984 to restrict or ban the use of certain highways including public rights of way. TROs can be made for a variety of reasons, including:

  • preventing damage to the right of way
  • preventing use by vehicular traffic of a kind that is unsuitable having regard to the character of the way
  • preserving the character of the way in cases in which it is especially suitable for use by people on horse-back or on foot
  • preserving or improving the amenities of the area through which the way runs
  • conserving natural beauty, including flora, fauna and geological and physiographical features.

Permanent traffic regulation orders need to be supported by evidence that the order will achieve one (or more) of the following outcomes:

  • Avoid danger to persons or other traffic using the road
  • Prevent damage to the road or any building on or near the road
  • Facilitate the passage of any kind of traffic (including pedestrians)
  • Prevent unsuitable use by vehicular traffic
  • Preserve the character of the road in cases where it is particularly suitable for horseback or on Foot, or preserve or improve the amenities of the area through which the road runs
  • Conserve or enhance the natural beauty of the area. This includes conserving flora and fauna, And geological or physiological features.

I would have thought Cradle Lane would match all of those criteria and therefore there seems to be nothing to stop HCC making the Order to ban all motor vehicles.

I pine for a more sensible approach to saving our forests

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