Councillors and committees

Agenda item

PROPOSED PROHIBITION OF ALL VEHICLES ON PART OF BYWAYS OPEN TO ALL TRAFFIC Nos. 518 & 519 AMENDMENT ORDER (EXECUTIVE FUNCTION FOR DECISION)

The report sets out information relating to the Notice of Intention published relating to a proposed Traffic Regulation Order on Surrey County Council (Ash Green Lane West (Right of Way No. 518, D80) and Spoil Lane (Right of Way No. 519, D74) in the Parishes of Ash, Normandy and Tongham) (Prohibition of Through Traffic) Amendment Order 2017.

Decision:

The Local Committee (Guildford) agreed that:

 

The Surrey County Council Ash Green Lane West (Right of Way No. 518, D80) and Spoil Lane (Right of Way No. 519, D74) in the Parishes of Ash, Normandy and Tongham) (Prohibition of Through Traffic) Amendment Order 2017 as shown on Drawing No. 3/1/54/H22 be made, following the conditions being met:

 

(1)  An adequate flooding plan is in place having been agreed by the Countryside Access Team Manager in consultation with the Strategic Network Resilience Team, Area Highways Manager and Divisional Member

(2)  Highways plans are updated to include drainage for this scheme

 

Reasons: Officers support the application to make an Amendment Order to allow public vehicular access to the new housing development on the basis that the BOAT will be surfaced to withstand traffic. The Order would meet the legal and policy criteria for making such Orders.

Minutes:

The Chairman introduced the item and explained that Rights of Way matters are dealt with slightly differently as they are a quasi-judicial function.  The Chairman gave Members the opportunity to declare any interests in the item.

 

Members had resolved at their meeting on 6 July 2017 to advertise a Notice of Intention to make a TRO Amendment Order:

 

(i)            That a Notice of Intention to make a Traffic Regulation Amendment Order (TRO) be published as shown on Drawing No. 3/1/54/H22 (Annex A). Where significant (and relevant) objections are received, or no objections are received, to delegate to the Countryside Access Manager the ability to agree whether an Order may be made, in consultation with the Divisional Member, and the Local Committee Chairman and Vice-Chairman. The TRO would not be made until a detailed highway improvement works plan for Ash Green Lane West has been approved.

 

(ii)           To delegate to the Countryside Access Manager in consultation with the Chairman, Vice-Chairman and Divisional Member the ability to accede to any unresolved objections and decide whether the TRO may be made.

 

(iii)          Where substantial (and relevant) objections are received, or significant modifications proposed, the Countryside Access Manager in consultation with the Divisional Member and the Local Committee Chairman and Vice-Chairman, may refer the decision on whether the TRO be made back to the Committee.

 

The Notice, Draft Order, Statement of Reasons and details for making Objections to Traffic Regulation Orders were published on 14 July. Twenty-eight objections were received within the statutory period. In light of the public interest evidenced by the number of objections the Countryside Access Manager has referred this matter back to Committee. Members were asked to consider the objections and to decide whether the legal and policy criteria for making the TRO Amendment Order still apply. Members may then decide whether the Order should be made. Alternatively, Members may decide to hold a Public Inquiry to decide the matter. There is no legal requirement to hold a Public Inquiry. The recommendation to Members is that the TRO Amendment Order should be made as advertised.

 

Speakers in favour, objecting and the applicant’s response:

 

In favour: (no notifications of speakers were received)

 

Objector:

 

Ms S Wyeth-Price stated that the TRO is no longer relevant and the Council have no legal obligation to lift the TRO on the BOAT in order to give the land over to the development. The TRO is not a requirement for planning permission.

In addition, the BOAT Modification Order Report is factually incorrect in many places and misleading. The report states that plans have been approved when they have not been and the BOAT Modification Order report has merged several statements into one quote to make it appear to the public, and to the councillors, that this is a condition imposed by the Planning Inspectorate when it is not.

 

 

Work has been started on the development, specifically the installation of a new surface to BOAT 518, safety and drainage are significant concerns. The road is not wide enough for motorised traffic and the proposal in unsafe.

 

The BOAT is used by walkers, horse riders and cyclists many of them children this section will connect to the made-up lane directly into the path of on-coming traffic.  The BOAT will also increase parking on this narrow road making it more unsafe. The BOAT is unsuitable for the site conditions.  The current development drains into the old surface causing flooding. The BOAT has already been temporarily re-surfaced and is already flooding to a greater degree.  The new surface of the road is likely to de-grade in the first few years creating flooding water on the surface and exaceberating the flooding further. 

 

This application should be referred to a public enquiry or be denied.

 

Applicant:

 

Andy Morris from Bewley Homes stated that they would be surfacing the BOAT and there would be a separate footway for pedestrians.  The Planning Inspector had said that the BOAT Modification Order would be a change of use but it was acceptable to re-use the road.  The applicant has entered into a S.278 agreement with Surrey County Council and were working to meet the requirements to clear all the ditches, lay the footpath and lay a porous surface on the road.  The road will be suitable for motorised vehicles, they are aware of the concerns with drainage works yet to be completed however this will improve drainage and all year round accessibility.

 

The Countryside Access Manager responded to Ms S Wyeth-Price representations. He informed the Committee that the obligation to amend the TRO does not come directly from the Road Traffic Regulation Act 1984, but from the Council’s own policy and the acceptance of the access road as safe and suitable for public use from the s278 agreement. Not amending the TRO would effectively contradict these documents/decisions.

 

He confirmed that the report to the Committee was correct/accurate and as far as he was aware the plans have been approved by Guildford Borough Council (GBC) Drainage. He was not sure whether the works have been completed to the satisfaction of GBC Drainage, but this was an issue for them to follow up.

 

Comments on s.278 and planning process are not relevant. The temporary closure order is required to ensure public safety during works. SCC agreed construction of the temporary road. Site access for clearance would cause significant deterioration of the previous unmade surface, so permission was given to build a temporary road. Comments on s. 278 are not relevant for determination of TRO amendment. The route will remain open to persons on horseback or foot.

 

Road widths set out in the Council’s Definitive Statement are legal widths, which are not always practically available for public use, due to issues such as vegetation growth.

 

Surrey county Council (SCC) are satisfied that the access road will be safe and suitable for public use.  Flooding and drainage has been a longstanding issue on the BOAT.  Implementation of the approved Drainage Plan aims to mitigate any effects from the development.  The BOAT is already an adopted highway.

 

The Local County and District Councillors commented that there are issues around land ownership, flooding and drainage surrounding the BOAT, however there were no legal issues to prevent the BOAT going ahead.  The Local County Councillor requested two actions to be included in the recommendation (please see amended recommendation below).

 

 

The Local Committee (Guildford) agreed that:

 

The Surrey County Council Ash Green Lane West (Right of Way No. 518, D80) and Spoil Lane (Right of Way No. 519, D74) in the Parishes of Ash, Normandy and Tongham) (Prohibition of Through Traffic) Amendment Order 2017 as shown on Drawing No. 3/1/54/H22 be made, following the conditions being met:

 

(1)  An adequate flooding plan is in place having been agreed by the Countryside Access Team Manager in consultation with the Strategic Network Resilience Team, Area Highways Manager and Divisional Member

(2)  Highways plans are updated to include drainage for this scheme

 

Reasons: Officers support the application to make an Amendment Order to allow public vehicular access to the new housing development on the basis that the BOAT will be surfaced to withstand traffic. The Order would meet the legal and policy criteria for making such Orders.

 

Members voted on the recommendations:

 

For: 15

 

Against: None

 

Abstaining: 3

Supporting documents: