Agenda item

This report seeks approval to publish a Notice of Intention to make a Traffic Regulation Order (TRO) for Byways Open to All Traffic Nos. 507 (parts of) & 509 (Albury) and 507 & 517 (Wonersh). The BOATs are also classified as ‘D’ roads 223 and 215. It would be usual to take rights of way cases to the Local Area Committee, however, because it would involve two committees the proposal is brought to this committee in accordance with the Surrey Code of Best Practice in Rights of Way Procedures.

Officers:

Daniel Williams, Countryside Access Officer

Caroline Smith, Transport Development Planning Manager

Nancy El-Shatoury, Principal Solicitor

Key points raised during the discussion:

1.    The Countryside Access Officer introduced the report and gave the Committee a summery of the details included in the report. It was stated that the report sought approval to publish a notice of intention to make a Traffic Regulation Order (TRO) for byways open to all traffic (BOAT) Nos. 507 (parts of) & 509 (Albury) and 507 & 517 (Wonersh). It was noted that after the publication of the notice of intention, there was a 21 day period in which residents could raise objections.

2.    It was highlighted to the Committee that the reasons for the item to be considered by the Planning and Regulatory Committee was because the area proposed crossed more than one district/borough.

3.    A Member expressed that they were pleased with the TRO as residents faced problems with flooding in the area and that the order would be a step in the right direction in addressing the issue.

4.    A Member of the Committee raised concern with the dangers of allowing motorbikes to use the road as the report showed limited space for pedestrians and motorbikes to pass safely. The Countryside Access Officer explained that although there was certainly a small space, it was officers opinion that a walker and motorbike could pass safely, with care. Further discussion was had in which it was raised that a motorbike could potentially speed in the area if given the opportunity and the further dangers this would have on other road users. Officers were asked to consider resubmitting the application with added considerations although this was not deemed feasible as it would require further consultation.  Members continued to stress their concern around the safety of road users as a consequence of motorbikes having access to the road.

5.    A discussion around the safety element being taking into consideration when creating TROs on BOATs and if this was an opportunity to explore the safety aspects of future TRO reports. The Chairman agreed to send a letter, on behalf of the Committee, to the Countryside Access Team regarding the presentation of safety issues in future reports. 

6.    There was also general discussion around the lack of maintenance of BOATs in Surrey for which there was very little funding.  The Chairman agreed to write to the Cabinet Member for Environment and Planning regarding the Committee’s concerns.

Resolved:

1.    That grounds for making a TRO as outlined were met across parts of the routes consulted upon, and a Notice of Intention to make an Order should be published only for Byways Open to All Traffic Nos. 507 (part of) & 509 (Albury) and 507 & 517 (Wonersh) to prevent damage to the road and to avoid danger to persons or other traffic using the routes as shown in red on Drawing Number 3/1/52/H31a (Annex 2 to the report).

2.    Where significant (and relevant) objections were received to an advertised proposal to make an Order it will be decided in consultation with the divisional Member, and the Planning and Regulatory Committee Chairman/Vice Chairman whether the Traffic Regulation Order may be made.

3.    That the officer with delegated authority in consultation with the Divisional member and the Planning and Regulatory Committee Chairman/Vice Chairman may decide whether to accede to any unresolved objections and decide whether the TRO may be made either with or without modifications, with due regard to the provisions of the Local Authorities’ Traffic Orders (Procedure) Regulations 1996[1].

4.    That where substantial (and relevant) objections were received, or significant modifications proposed, the officer with delegated authority in consultation with the divisional Member and the Planning and Regulatory Committee Chairman/Vice Chairman, may refer the decision on whether the TRO be made back to the Planning and Regulatory Committee.

 Actions/further information to be provided:

That the Chairman send a letter, on behalf of the Committee, to the Countryside Access Team regarding the presentation of safety issues in future reports.

That the Chairman to send a letter, on behalf of the Committee, to the Cabinet Member for Environment and Planning regarding the Committee’s concerns about the lack of funding for the maintenance of byways open to all traffic.