Agenda item

Extensive repairs to the surface of Wolvens Lane were carried out in Autumn 2020. Prior to the works, the surface of the BOAT, it’s boundary banks and neighbouring land and property had suffered significant misuse from motorised vehicles, including motorbikes. In addition to some irresponsible vehicle drivers damaging the surface, some also cause a danger to other users including walkers, cyclists and horse riders by driving at speed through sections with limited visibility. Wolvens Lane has a legal width of 10 – 15 feet and several blind bends, which can make it difficult for other users to pass vehicles safely.

Officers now consider that in order to improve the safety of non-motorised users and protect the repaired surface from damage, that a Traffic Regulation Order (TRO) to restrict all motorised vehicles with 4 or more wheels and all horse drawn carriages exceeding a width of 1500mm (4’11’’) should be made between A and D as shown on drawing 3/1/41/H52a (annex A) in line with option 2 detailed in the report (see para. 1.4). Existing structures enforce this closure are already in place at points B and C, and appropriate signage at points A, B, C and D.

This report seeks approval to publish a Notice of Intention to make a Traffic Regulation Order for Byway Open to All Traffic (BOAT) No. 526 Capel (D287) Wolvens Lane.

Declaration of Interest: None

Officer attending: Daniel Williams, Countryside Access Officer; Claire Saunders, Access Team Manager; Helen Forbes, Principal Lawyer

Public Speakers:

The following three residents spoke in favour of the officer recommendation, and made the following points:

Kevin Chesson (South London and Surrey Trail Riders Fellowship)

·         Responsibly ridden motorbikes cause less damage than 4x4 vehicles or horses;

·         Since Wolvens Lane had reopened in February 2021, there had been no deterioration of the surface although motorbikes were allowed to travel along it, and no reports to police of incidents;

·         Motorbike-only restrictions on other lanes in Surrey work well;

·         Closure of Wolvens Lane to motorbikes would push these users onto other lanes;

·         Anti-social motorcyclists would access Wolvens Lane using other paths than join it at various points.

Jayne Lindsell (Mole Valley Ramblers)

·         The work done and money spent on repairing the surface of Wolvens Lane and restricting vehicular access would be wasted if access were to be opened up again;

·         It will be easier to assess the causes of any damage after partially opening up the lane;

·         Users can monitor the situation.

Matt Cordeux

·         Supports the recommendation but would like the committee to consider a complete ban on motorised vehicles;

·         Circumstances have changed since the lane appeared, and what is deemed appropriate use has changed;

·         The lane runs through an AONB, and noisy, polluting motor vehicles impose on the beauty of the landscape.

The following three residents spoke against the officer recommendation, and made the following points:

Ian Russell (Surrey Countryside Access Forum)

·         The SCAF comment about a possible speed limit on the BOAT is misrepresented in Annex D of the officer’s report;

·         An existing right of way should be protected rather than removed because of an irresponsible minority;

·         Cyclists and motorcyclists present more danger to other users than four-wheel drive vehicles in restricted spaces;

·         SCAF would support a seasonal or permit-based approach

·         Education of all BOAT users and promotion of codes of conduct should be undertaken.

·         Wolvens Lane presents a rare opportunity for users of all types to access otherwise remote areas of Surrey countryside.

Stuart Boreham – Green Lane Association

·         The damage on Wolvens Lane is caused by minority of 4x4 users and motorcyclists, helped by little police enforcement and limited repair/maintenance;

·         Failure to take action early on to prevent access and repair damage means the scale and cost of the work will be much greater than it would have been;

·         Four-wheel drive access provides the only means for some people to explore the countryside;

·         Gated access and permits have been used to good effect in other counties and allow active management during bad weather.

Rob Phillips – Logmore Green Bridleway Association

·         Motorbikes blight the tranquillity of the area;

·         4x4 drivers and motorcyclists are in the minority of users of the lane and are spoiling the experience of other users;

·         Option 1 – a ban on all motorised vehicles – would be a better choice.

The officer presented his report. The surface of Wolvens Lane had been damaged over the years by users. After resurfacing work was done last autumn a Temporary Traffic Regulation Order (TTRO) was introduced closing the lane to four- wheel vehicles by the use of concrete blocks, to allow the surface and banks to settle down. Further works are planned for autumn 2021. A public consultation was carried out over a seven-week period from 2^nd March 2021, inviting comments on four options for action.

He invited members to consider whether the curtailment of some rights is acceptable in certain circumstances.

The officer explained that most motorcyclists account for the majority of motorised vehicle use on the lane, while most damage is caused by four-wheel drives. There has been much less damage caused since the TTRO has been in place. The officer confirmed his view that on balance Option 2 was the preferred approach, permitting access to all except four-wheel drives and carriages over 1500mm.

Member discussion: Key points

The local divisional (Cllr Watson) member stated that the repairs to Wolvens Lane had encouraged horse-riders, walkers and cyclists, and the TTRO had made it safer and protected it from damage. Making the access restrictions permanent would protect users from the dangers presented by four-wheel drive vehicles and prevent future significant damage, at the same time conserving and enhancing the AONB. Option 2 adequately balanced the loss of some access and the protection of others.

Other members voiced their support for Option 2. The recommendations were proposed by Cllr Watson and seconded by Cllr Curran.

Answering questions about maintenance of the lane, the Access Team Manager explained that the recent reconstruction has been done to withstand use by the proposed vehicles and the surface should last for 15 years; water protection measures had been included in the works. Regular checks would identify annual clearing requirements, with landowners managing overhanging vegetation.

Resolution:

The matter was put to a vote with a show of hands.

Members in favour of recommendations (i), (ii), (iii) and (iv): 10

Members opposed to recommendations (i), (ii), (iii) and (iv): 0

Members abstaining: 2

The Local Committee (Mole Valley) AGREED that:

      i.        The grounds for making a TRO as outlined are met. A Notice of Intention to make that Order, to restrict all motorised vehicles with 4 or more wheels and all horse drawn carriages exceeding a width of 1500mm (4’11’’), to help prevent danger to persons or other traffic using the routes and to prevent damage to the repaired surface, boundary banks and surrounding associated land as shown A-D in pink on Drawing Number 3/1/41/H52a (Annex A) should be published for BOAT No. 526 Capel (D287) Wolvens Lane,

     ii.        Where significant (and relevant) objections are received to an advertised proposal to make an Order, the Area Highways Manager will decide in consultation with the divisional member, and the Mole Valley Committee Chairman/Vice Chairman whether the Traffic Regulation Order may be made.

    iii.        The Area Highways Manager may in consultation with the Divisional member and the Mole Valley Committee Chairman/Vice Chairman 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.

   iv.        Where substantial (and relevant) objections are received, or significant modifications proposed, the Officer with delegated authority in consultation with the Divisional member and the Mole Valley Committee Chairman/Vice Chairman, may refer the decision on whether the TRO be made back to the Mole Valley Committee. A public inquiry might be convened to inform any final decision.

Reasons for recommendations:

For reasons of public safety, members are asked to agree that a TRO be made, to avoid danger to persons or other users of the route and to prevent damage to the repaired surface, boundary banks and adjacent surrounding land. On balance it is deemed reasonable and proportionate to make an order as proposed which maintains the safety and amenity of the way for the majority of users whilst withdrawing access from small numbers of users who cause the most danger and damage along the route and whose use cannot be accommodated without detriment to the majority of users.