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taken from the mudclub .........e-mail your objections to the tro please to keep the lanes open
George Batten BSc (Hons) C.Eng FICE FIHT
Director of Environmental Services
Wiltshire County Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JD
Fax : 01225 713400
Direct Line : 01225 756178
Operator : 01225 713000
E-mail : alisonstewart@wiltshire.gov.uk
Please ask for: Mrs A Stewart Our ref: AS/P.C.149, 63
Tuesday, 20 January 2009
Dear ,
SECTION 1 OF THE ROAD TRAFFIC REGULATION ACT 1984
PERMANENT TRAFFIC REGULATION ORDER TO CLOSE TO ALL MOTORISED VEHICLES BYWAY 30, LUDGERSHALL AND BYWAYS 32, 34 AND 36, CHUTE
Wiltshire County Council are proposing to place a permanent Traffic Regulation Order preventing all motorised vehicles from using Byway 30 Ludgershall and Byways 32, 34 and 36 Chute. I have attached a map for clarity of location. Byway 30 Ludgershall runs in a northerly direction from its junction with Crossroads Biddesden Park (point A) for 299 metres. Byway 32 Chute continues from Byway 30 Lugershall (point B) in a northerly direction for 2138 metres. Byway 34 Chute continues in a northerly direction from Byway 32 Chute (point C) for 1802 metres until its junction with Chute Causeway (point D). Byway 36 Chute runs in an easterly direction from its intersection with Byway 32 and 34 Chute (point C) for 440 metres to its junction with Malthouse Lane (point E).
The reasons for the closure are as follows:
“(a) for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such dander arising, or
(b) for preventing damage to the road or to any building on or near the road, or
(d) for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which is unsuitable having regard to the existing character of the road or adjoining property, or
(e) (without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is especially suitable for use by persons on horseback or on foot
(f) for preserving or improving the amenities of the area through which the road runs”
I would therefore be very grateful if you could forward to me in writing any comments or representations which you would like to make regarding the proposals by Monday 2nd February 2009.
Thank you for your help in this matter.
Yours sincerely
Ali Stewart
Rights of Way Officer
Quote
Preliminary Report on Proposed Permanent Traffic Regulation Order
Ludgershall Byway 30, Chute Byway 32, 34 and 36
This is a preliminary and informal consultation to gauge opinion on a proposed permanent Traffic Regulation Order for Ludgershall Byway 30, Chute Byway 32, 34 and 36. All comments and opinions are welcome and will be collated in a report to Cllr Fleur de Rhe Phillipe for her decision on whether to pursue the proposal. If her decision is to continue with the process the next step will be a formal public consultation, where there will be a further opportunity for representations to be made before a final decision is taken. For clarification Ludgershall Byway 30 and Chute Byway 32 are referred to in this report as Honey Bottom. Chute Byway 34 is referred to as Chantry Lane. Chute Byway 36 is included in the proposal to prevent it from becoming a cul-de-sac route for mechanically propelled vehicles with a limited turning circle available at the bottom of the hill.
To expand on the reasons given for the proposed order as per the relevant criteria prescribed by Section 1 of the Road Traffic Regulation Act 1984 which governs the making of Traffic Regulation Orders:
(a) for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising
There is nothing within the Act that requires accidents to have occurred before a TRO can be made. The avoidance of actual danger or the likelihood of any such danger arising is sufficient reason. There is a section on Chantry Lane along Haybourne Copse that twists and has a steep gradient, with a negative camber towards the sloping copse. It has a narrow width, with no verges and a steep bank on one side and a sloping copse on the other. This means that there is nowhere for users to get out of the way of speeding traffic. Despite these limitations, the laid flint over chalk surface of the lane leads to higher than usual traffic speeds than would normally be expected on a byway open to all traffic, and reports have been received of some motorised users travelling at high speed. There has been no legal recourse because, despite the unsuitability of the byway, the national speed limit applies.
Honey Bottom is particularly suitable for quiet recreation. It is an unsurfaced green lane and is primarily used by walkers and equestrians. In places it is particularly narrow leaving no area for users to avoid on coming traffic.
(b) for preventing damage to the road or to any building on or near the road
(d) for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which is unsuitable having regard to the existing character of the road or adjoining property
(e) (without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is especially suitable for use by persons on horseback or on foot
Due to fast travelling motorised traffic the flint surface at the top of Chantry Lane along Haybourne Copse is beginning to break up and be pulled from the surface exposing chalk underneath. If this was allowed to continue it would result in the need for extremely expensive repair work. The flint surface is part of the character of the route and very unusual, and has been cited by Wiltshire Wildlife Trust as especially important to preserve.
Honey Bottom is soft, unsurfaced, grass land, particularly suitable for walkers or equestrians. Towards the southern section of Honey Bottom the surface is clay which collects water resulting in soggy ground this type of surface is easily churned up making it very unpleasant and difficult for non-vehicular users. Again, Wiltshire Wildlife Trust has stressed the importance of protecting this part of the byway from damage by mechanically propelled vehicles.
With regard to (b) above, and for the sake of clarification, there are no buildings sufficiently close to the byway to be at risk of damage; the concerns are for the byway itself.
(f) for preserving or improving the amenities of the area through which the road runs”
This area is a particularly tranquil and remote section of the North Wessex Downs (Area Of Outstanding Natural Beauty), a quality which the Highway Authority has a duty to help preserve.
The following information is provided in response to a number of other questions that have been asked:-
Wiltshire County Council were asked by Chute Parish Council to look into the possibility of placing a permanent TRO on the stated routes as they believed that during the Temporary Traffic Order residents were walking and riding the rights of way more often, which they were keen to encourage. The parish council also believed the health and safety of the area improved with far less recreational motorised vehicles accessing the byways through the quiet residential village. These comments from the parish council have been reiterated by a number of correspondences received by residents of Chute.
At Honey Bottom the landowner has undertaken not to use the route for access but use field access instead. Residents of Chantry Lane are situated at either end of the byway and use different access points. The section of Chantry Lane that is of particular concern, along Haybourne Copse, is in the middle of the lane and has limited residential traffic.
Gates have been installed on the byways to reinforce the Temporary Traffic Order and are legally acceptable whilst restrictions are in force.
Prior to the Temporary Traffic Order being placed on these routes there were extensive heavily rutted and muddy sections of Honey Bottom to the extent that there were exposed tree routes clearly visible and many local residents were not happy about the safety of using the byway. It was clear that the damage to the surface of the byway was being caused by public use with motor vehicles and not by agricultural vehicles. While the order has been in force the landowner has made extensive and expensive repairs to both routes, which is why there are currently no visible signs of motorised traffic surface damage. Repairs on Honey Bottom have included blading, levelling and reseeding with grass to reinstate a very pleasant green lane. Works on Chantry Lane have included major drainage works, cutting grips into the bank to divert excess water from the surface of the route to prevent surface wash out. The TTO has been kept in place to protect against new damage and to allow time for the re-instated surfaces to settle and become established.
The TTO was initially placed on the routes to allow for surface work, but this also gave an opportunity to carry out forestry work which has opened up the area to allow more light and air to get to the surface to help it dry out.
Some further info and discussion here -
http://www.trailbikemag.com/forum/viewtopic.php?t=15306
Please take a few minutes out to write an email to alisonstewart@wiltshire.gov.uk with your view of this proposal to implement a permanent TRO on these routes. It can be short or long; no doubt everyone will get the same standard reply!
Responses need to be made by 1st February latest please.
Thanks
George Batten BSc (Hons) C.Eng FICE FIHT
Director of Environmental Services
Wiltshire County Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JD
Fax : 01225 713400
Direct Line : 01225 756178
Operator : 01225 713000
E-mail : alisonstewart@wiltshire.gov.uk
Please ask for: Mrs A Stewart Our ref: AS/P.C.149, 63
Tuesday, 20 January 2009
Dear ,
SECTION 1 OF THE ROAD TRAFFIC REGULATION ACT 1984
PERMANENT TRAFFIC REGULATION ORDER TO CLOSE TO ALL MOTORISED VEHICLES BYWAY 30, LUDGERSHALL AND BYWAYS 32, 34 AND 36, CHUTE
Wiltshire County Council are proposing to place a permanent Traffic Regulation Order preventing all motorised vehicles from using Byway 30 Ludgershall and Byways 32, 34 and 36 Chute. I have attached a map for clarity of location. Byway 30 Ludgershall runs in a northerly direction from its junction with Crossroads Biddesden Park (point A) for 299 metres. Byway 32 Chute continues from Byway 30 Lugershall (point B) in a northerly direction for 2138 metres. Byway 34 Chute continues in a northerly direction from Byway 32 Chute (point C) for 1802 metres until its junction with Chute Causeway (point D). Byway 36 Chute runs in an easterly direction from its intersection with Byway 32 and 34 Chute (point C) for 440 metres to its junction with Malthouse Lane (point E).
The reasons for the closure are as follows:
“(a) for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such dander arising, or
(b) for preventing damage to the road or to any building on or near the road, or
(d) for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which is unsuitable having regard to the existing character of the road or adjoining property, or
(e) (without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is especially suitable for use by persons on horseback or on foot
(f) for preserving or improving the amenities of the area through which the road runs”
I would therefore be very grateful if you could forward to me in writing any comments or representations which you would like to make regarding the proposals by Monday 2nd February 2009.
Thank you for your help in this matter.
Yours sincerely
Ali Stewart
Rights of Way Officer
Quote
Preliminary Report on Proposed Permanent Traffic Regulation Order
Ludgershall Byway 30, Chute Byway 32, 34 and 36
This is a preliminary and informal consultation to gauge opinion on a proposed permanent Traffic Regulation Order for Ludgershall Byway 30, Chute Byway 32, 34 and 36. All comments and opinions are welcome and will be collated in a report to Cllr Fleur de Rhe Phillipe for her decision on whether to pursue the proposal. If her decision is to continue with the process the next step will be a formal public consultation, where there will be a further opportunity for representations to be made before a final decision is taken. For clarification Ludgershall Byway 30 and Chute Byway 32 are referred to in this report as Honey Bottom. Chute Byway 34 is referred to as Chantry Lane. Chute Byway 36 is included in the proposal to prevent it from becoming a cul-de-sac route for mechanically propelled vehicles with a limited turning circle available at the bottom of the hill.
To expand on the reasons given for the proposed order as per the relevant criteria prescribed by Section 1 of the Road Traffic Regulation Act 1984 which governs the making of Traffic Regulation Orders:
(a) for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising
There is nothing within the Act that requires accidents to have occurred before a TRO can be made. The avoidance of actual danger or the likelihood of any such danger arising is sufficient reason. There is a section on Chantry Lane along Haybourne Copse that twists and has a steep gradient, with a negative camber towards the sloping copse. It has a narrow width, with no verges and a steep bank on one side and a sloping copse on the other. This means that there is nowhere for users to get out of the way of speeding traffic. Despite these limitations, the laid flint over chalk surface of the lane leads to higher than usual traffic speeds than would normally be expected on a byway open to all traffic, and reports have been received of some motorised users travelling at high speed. There has been no legal recourse because, despite the unsuitability of the byway, the national speed limit applies.
Honey Bottom is particularly suitable for quiet recreation. It is an unsurfaced green lane and is primarily used by walkers and equestrians. In places it is particularly narrow leaving no area for users to avoid on coming traffic.
(b) for preventing damage to the road or to any building on or near the road
(d) for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which is unsuitable having regard to the existing character of the road or adjoining property
(e) (without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is especially suitable for use by persons on horseback or on foot
Due to fast travelling motorised traffic the flint surface at the top of Chantry Lane along Haybourne Copse is beginning to break up and be pulled from the surface exposing chalk underneath. If this was allowed to continue it would result in the need for extremely expensive repair work. The flint surface is part of the character of the route and very unusual, and has been cited by Wiltshire Wildlife Trust as especially important to preserve.
Honey Bottom is soft, unsurfaced, grass land, particularly suitable for walkers or equestrians. Towards the southern section of Honey Bottom the surface is clay which collects water resulting in soggy ground this type of surface is easily churned up making it very unpleasant and difficult for non-vehicular users. Again, Wiltshire Wildlife Trust has stressed the importance of protecting this part of the byway from damage by mechanically propelled vehicles.
With regard to (b) above, and for the sake of clarification, there are no buildings sufficiently close to the byway to be at risk of damage; the concerns are for the byway itself.
(f) for preserving or improving the amenities of the area through which the road runs”
This area is a particularly tranquil and remote section of the North Wessex Downs (Area Of Outstanding Natural Beauty), a quality which the Highway Authority has a duty to help preserve.
The following information is provided in response to a number of other questions that have been asked:-
Wiltshire County Council were asked by Chute Parish Council to look into the possibility of placing a permanent TRO on the stated routes as they believed that during the Temporary Traffic Order residents were walking and riding the rights of way more often, which they were keen to encourage. The parish council also believed the health and safety of the area improved with far less recreational motorised vehicles accessing the byways through the quiet residential village. These comments from the parish council have been reiterated by a number of correspondences received by residents of Chute.
At Honey Bottom the landowner has undertaken not to use the route for access but use field access instead. Residents of Chantry Lane are situated at either end of the byway and use different access points. The section of Chantry Lane that is of particular concern, along Haybourne Copse, is in the middle of the lane and has limited residential traffic.
Gates have been installed on the byways to reinforce the Temporary Traffic Order and are legally acceptable whilst restrictions are in force.
Prior to the Temporary Traffic Order being placed on these routes there were extensive heavily rutted and muddy sections of Honey Bottom to the extent that there were exposed tree routes clearly visible and many local residents were not happy about the safety of using the byway. It was clear that the damage to the surface of the byway was being caused by public use with motor vehicles and not by agricultural vehicles. While the order has been in force the landowner has made extensive and expensive repairs to both routes, which is why there are currently no visible signs of motorised traffic surface damage. Repairs on Honey Bottom have included blading, levelling and reseeding with grass to reinstate a very pleasant green lane. Works on Chantry Lane have included major drainage works, cutting grips into the bank to divert excess water from the surface of the route to prevent surface wash out. The TTO has been kept in place to protect against new damage and to allow time for the re-instated surfaces to settle and become established.
The TTO was initially placed on the routes to allow for surface work, but this also gave an opportunity to carry out forestry work which has opened up the area to allow more light and air to get to the surface to help it dry out.
Some further info and discussion here -
http://www.trailbikemag.com/forum/viewtopic.php?t=15306
Please take a few minutes out to write an email to alisonstewart@wiltshire.gov.uk with your view of this proposal to implement a permanent TRO on these routes. It can be short or long; no doubt everyone will get the same standard reply!
Responses need to be made by 1st February latest please.
Thanks