APPENDIX 1

 

Use of mechanically propelled vehicles on Rights of Way

 

Thank you for the opportunity to comment on the above document.  The Isle of Wight Council’s Environment and Transport Select Committee has debated the contents of the document and has consulted with the Local Access Forum, The Area of Outstanding Beauty (AONB) Partnership and the Council’s own Archaeological Unit. 

 

The Isle of Wight has a network of 827 kms of public rights of way recorded on the definitive map, 47 kms of which are byways open to all traffic (BOATs).  All of these were formerly roads used as public paths (RUPPs) but were reclassified in the 1980s under the Wildlife and Countryside Act 1981.  Eighty per cent of the Island’s BOATs lie within the AONB which covers just over half the area of the Isle of Wight.

 

The Isle of Wight Council is a leading authority in rights of way management being the only council to have achieved the national target for rights of way. The Council has a post-target rights of way development strategy (2001 – 2006) which includes among its aims “ to minimize the environmental impact of the recreational use of the rights of way network” and to “conserve the physical character of the Island’s byways”.

 

The Isle of Wight Council welcomes the Minister’s initiative to reduce the impact of irresponsible use of mechanically propelled vehicles in the countryside.  The Council supports Proposals 1 to 6, but reflecting the views of the Local Access Forum, does not support Proposal 7 because no new cut off date is being suggested.

 

However, the Council wish to encourage the Minister to consider further measures.  Firstly, that in order to deter damage to protected sites in the vicinity of byways – a particular problem on the Isle of Wight – the police should be given extra resources to enforce s.34 of The Road Traffic Act 1988 and use their powers under The Police Reform Act 2002.  The Council also recommends that the power to make traffic regulation orders under s.1 of the Road Traffic Regulation Act 1984 should be widened to include the protection of sites of historic or archaeological importance.

 

Secondly, that there should be a more flexible approach to Traffic Regulation Orders.  The Isle of Wight Council is represented on a byway management group (the Tennyson Trail Task Group) set up by the Isle of Wight AONB Partnership to address the problem of damage to a particular BOAT and its adjacent landscape, including SSSIs and Scheduled Ancient Monuments.  This group, which includes all the stakeholders, has been successful in securing a reduction of vehicle use in wet weather through voluntary restraint, and support for an emergency closure when damage occurred through thoughtless driving in waterlogged conditions.  However, for an emergency closure to be justified the BOAT has to have deteriorated severely and the Council would wish to have powers to make a flexible TRO which could be imposed and lifted as circumstances dictate.

 

The Council is concerned about the visual impact of traffic signs associated with a Traffic Regulation Order.  As I said earlier, over half the Isle of Wight is AONB and the Council would recommend that in such areas the requirement to erect vehicle prohibition signs which comply with the Traffic Signs Regulations and General Directions 2002 should be waived to allow for the installation of effective but sympathetically-designed notices.

 

Finally, the Minister may be interested to know that the Council’s Archaeological Unit together with English Heritage have undertaken a joint monitoring programme along the Tennyson Trail BOAT to gather measurable data on the damage done to the Scheduled Monuments in 2003.  This data can be made available for any purpose in relation to the current review.