Introduction
Local residents have made a number of complaints about the use of Byways Open to All Traffic ("BOATS") by four wheel drives. In particular there is concern about the byways that run up and around Coldharbour, as well as byways leading off White Down on Ranmore Common. .
Click here to see photographs of damage to BOATS taken by Jim Storr in 2006
See Latest News on BOATS for what is happening about this problem.
The problem is not confined to Coldharbour. In 2003 Surrey Police and the "Surrey Byways User Group" took action on Ranmore Common to stop in appropriate use of paths by four wheel drives and other vehicles.
See www.surrey.police.uk/news_item.asp?artid=3032
What does the law say about BOATS?
I have set out to examine very briefly the law relating to BOATS, (both at local and national level), who maintains them and how we can restrict their use.
What do the people of Leith Hill say about the problem?
In the 2006 Coldharbour and Leith Hill Village Survey (see Mole Valley’s website at www.molevalley.gov.uk) 78% of residents canvassed said that they wanted to restrict the use of BOATS by motor vehicles.
It is alleged that the vehicles that use these byways:-
Many residents feel that an Area of Outstanding Natural Beauty should be protected from an activity that they feel, damages the unique character of Leith Hill.
What is the scale of the problem?
Surrey has nearly 3400 kilometres of rights of way. These are made up of:-
The local authority is under a statutory duty (Highways Act 1980) to maintain these paths.
A DEFRA/Countryside Agency report entitled "Report of a research project on motor vehicles on byways open to all traffic – January 2005" said that byways in a poor state of repair tend to attract the more irresponsible drivers, because difficult terrain will present more of a challenge.
At the same time the researches who prepared the report, found evidence that where a byway had become impassable, users were deviating from the byway onto adjoining land. This is an offence under the Road Traffic Act 1998 (unless one is parking within 15 yards of the road.
The report also says that that there was a general agreement that highway authorities do not maintain byways open to all traffic for lawful purposes.
The report includes the result of a consultation with the various organizations that exist for recreational motor users. It was found that many will travel up to 300 miles to drive on BOATS. Yorkshire, Wales, Devon and Wiltshire were the most popular destinations. In Surrey some 52% of vehicles on a number of sample sites were vehicles being used for recreational purposes.
See www.defra.gov.uk/wildlife-countryside/cl/mpv/pdf/researchrep-veh.pdf.
Who are the organizations interested in this issue?
Surrey County Council is mainly responsible for our rights of way. It publishes a wide range of comprehensive information about its byways on its website at www.surreycc.gov.uk under the "Roads and Transport" section.
Another important website to visit is www.surreyhills.org. This is the website of the Surrey Hills Partnership. Initially this was a joint advisory committee established in 1998. It consists of representatives from six local authorities (including Mole Valley and Surrey County Council), the National Trust, the Countryside Agency and a range of advisory members. The Surrey Hills Partnership has an office, which is responsible for taking forward initiatives to protect the beauty of the Surrey Hills. The Surrey Hills Partnership also has a management plan that they publish on their website. I am a member of the Surrey Hill Partnership.
The Campaign for Rural England also has an interest in the Surrey Hills. They publish a bi-annual newsletter, "Surrey Voice" which recently carried a feature about the Surrey Hills. Their website is www.cpresurrey.org.uk.
Natural England (which replaced English Nature) is an organization set up to enhance biodiversity, landscapes and wildlife in rural, urban, coastal and marine areas of England. Their website can be found at www.naturalengland.org.uk. They have published a number of papers on BOATS and the Countryside and Rights of Way Act 2000.
The National Trust has also considered this issue. They have published a set of guiding principles for all recreational activities. See their website at www.nationaltrust.org.uk under "Access and Recreation" and then "Other Activities". Whilst they do not oppose well founded claims for vehicle rights of way, they make it clear that "recreational informal use of vehicle in open country off Vehicular Rights of Way should be strongly resisted…….."Where problems associated with this activity are caused or anticipated, voluntary solutions should be sought through liaison with the motoring organisations' Land Access and Recreation Association (LARA) and the local highway authority. Only if these efforts fail should the implementation of Traffic Regulation Orders be sought."
Surrey Wildlife Trust also does conservation work in and around Leith Hill. Visit their website at www.surreywildlifetrust.co.uk
The Ramblers Association (www.ramblers.org.uk) is Britain’s biggest walking charity and they provide information about BOATS on their website. There is also the Disabled Ramblers Association.
The Department for the Environment, Food and Rural Affairs has published a guide for local authorities in December 2005 - "Making the Best of Byways" which can be found on their website www.defra.gov.uk under their Wildlife and Countryside section.
There is also the Joint Nature Conservation Committee, a committee of various organizations including English Nature who advise the government in this area. Their website can be seen at www.jncc.gov.uk
Surrey Police also have an interest because they are concerned to prevent careless and dangerous driving on BOATS, or driving that damages fences, crops and wildlife habitats. On their website they are running a joint operation between Surrey County Council Rights of Way and the National Trust to offer advice about safe and legal riding on BOATS at the Devil’s Punchbowl and Hindhead Commons in Hindhead.
www.surrey.police.uk/news_item.asp?artid=3321
Other interested organizations are the Institute of Public Rights of Way Officers and the Byways and Bridleways Trust (a registered charity).
Those who drive mechanically propelled vehicles on BOATS also have their own associations.
A DEFRA report entitled "Report of a research project on motor vehicles on byways open to all traffic – January 2005" listed six national organizations and some 10,000 to 15,000 members. The National Trust estimates the number of "off roaders" at 20,000.
The national organisations are:-
All the above organizations advocate responsible driving and has a Code of Conduct.
The Countryside and Rights of Way Act 2000 and Surrey County Council’s Rights of Way Improvement Plan
The Countryside and Rights of Way Act 2000 put local authorities under a duty to prepare a Rights of Way Improvement Plan (ROWIP) for their area.
The full plan has to be published by November 2007 and you can order a copy by submitting a request via the county council website or by downloading a copy direct. Surrey County Council says on its website that it hopes to publish its own plan by December 2007.
The Rights of Way Improvement Plan will be incorporated into the council’s "Local Transport Plan".
In the meantime, Surrey County Council invites comments on their plan. These can be submitted by letter, email or by completing an on line form.
The time limit for the submission of comments was the 13th August 2007
I have now submitted my own response to the Rights of Way Improvement Plan and a copy can be viewed here. [Click here]
So what does Surrey’s Rights of Way Improvement Plan say?
The plan is 65 pages long, and it contains details of all byways in Surrey along with maps showing where they go.
It will form a part of Surrey County Council’s local transport plan, which gives as its priorities:-
The draft Plan mentions the Surrey Hills AONB Management Plan, which states:-
"recreational facilities should, where possible, contribute to the local economy and enhance enjoyment, while being low impact and respecting tranquility."
The draft Plan then goes on to list the users of Byways. The most numerous users are walkers, followed by cyclists and then horse riders (there are apparently some 20,000 horses in Surrey). The Plan also says at paragraph 8 that:-
"Surrey has an above average number of carriage drivers and some recreational motor vehicle users."
The draft Plan sets out a number of areas where access to rights of ways can be improved for users. It outlines measures to be taken, including the setting up of local forums. The Plan states that the County Council has already received more than 300 specific improvement proposals.
Every highway authority in England has a statutory duty under section 60 of the Countryside and Rights of Way Act 2000 to prepare a Rights of Way Improvement Plan. The Plan is intended to be the prime means by which local highway authorities will identify the changes to be made in respect of the management and improvements to their local rights of way network.
The Plan should be updated once every ten years.
The Surrey Countryside Access Forum was set up in 2002 and it advises the county council on these issues. It consists of users, landowners and other interests, and it advises Surrey County Council on access to the countryside.
Is there anything about four wheel drives in the Plan?
Section 84 of the plan says that Surrey County Council completed the reclassification of its "Roads used as Public Paths" ("RUPP’s") in 1996. RUPP’s are now reclassified by "Restricted Byways" under the Countryside and Rights of Way Act 2000 and they represent about 4% of the network by length. Under the 2000 Act adjoining counties have reclassified their RUPP’s to prohibit them being used by vehicles. The Plan concedes that the demands for Surrey to do the same are also increasing.
At Section 112, the Plan states:-
"Recreational motor vehicle users are a minority group often controversial with other users. Their use of the public by way network, although lawful, can nevertheless be actively opposed by other users. They can be broadly sub divided between motorcyclists and 4 wheeled vehicles….a minority of users actively seek out rough terrain and sometimes cause significant damage to path surfaces and areas of adjoining land."
DEFRA’s statutory guidance to local authorities does talk about "recreational motoring" but it makes no mention of the damage that vehicles can cause.
Paragraph 2.2.14 of DEFRA’s statutory guidance states:-
"The rights of way improvement plan may identified demand for recreational motoring in the countryside. Insofar as motor vehicles are lawfully able to use public rights of way, local highway authorities will need to consider how to respond to this and whether there are ways to manage demand."
See paragraph 2.2.14 of the guidance on:-
www.defra.gov.uk/wildlife-countryside/cl/rowip/rowip.pdf.
DEFRA’s Consultation
DEFRA (the Department for Environment, Food and Rural Affairs) has also launched a consultation process. Details can be found at:-
www.defra.gov.uk/corporate/consult//row-rights/index.htm.
The consultation document is entitled "Public rights of way – Consultation on implementation of the right to apply for orders to extinguish and divert public rights of way, and associated rights of appeal."
The deadline for responses is the 31st August 2007. See my response. Click here
So what are we going to do about the byways above Coldharbour?
There are a number of options. The 2005 DEFRA report (referred to above) advocates two management measures:-
The Road Traffic Regulation Act 1984 authorises the making of road traffic orders. They can be applied to all classes of way and all classes of user. Local authorities are under a duty to use these orders where this is necessary to secure safe, convenient and proper use of the way. Road Traffic Regulation orders can also be used to determine the times at which access is allowed to certain byways.
The DEFRA publication – "Making the Best of Byways" published in December 2005 contains guidance for local authorities in managing and maintaining byways. It recommends working with byway users and the use of road traffic regulation orders, although it says that such orders tend to work better when they have the agreement of the relevant parties.
The guidance cites the example of the Lake District National Park Authority. This authority said in 2004 that recreational driving was an inappropriate activity in its area, however it recognized the demand and acknowledged that legal rights existed, and that there was a need to manage this activity effectively.
Other local authorities, Derbyshire and Northumberland County Council have produced their own specific plans on this issue whilst Cornwall County Council introduced measures to tackle illegal motorcycle use in the countryside.
The report also mentions the Surrey Byway User Group which meets quarterly and has proved successful in facilitating a successful approach to this problem. On the issue of maintenance, there is a description of how the maintenance of Wolven’s Lane led to better drainage of that byway and how volunteer groups have helped with the work of clearing obstructions.
The government has also published guidance "Regulating the use of motor vehicles on public rights of way and off road (2005)" which deals with enforcement to deal with illegal or irresponsible use.
Councillor Malcolm Johnson