Hawkley Parish Council
CHAIRMAN: CLERK: DAVID CAUKILL KATHERINE HORTON THE GARDEN HOUSE MEADOW BARN HAWKLEY MEDSTEAD HANTS GU33 6LU HANTS GU34 5NH
19 March 2021
Trevor Beattie Chief Executive South Downs National Park Authority South Downs Centre North Street Midhurst West Sussex GU29 9DH
Dear Sir,
Hawkley Parish Council (HPC) strongly supports the campaign to have TROs applied to the BOATS across the South Downs National Park and make these routes Restricted Byways.
HPC welcomes the fact that this subject will be on the Agenda for the SDNPA Full Authority Meeting and takes this opportunity to comment on what it considers to be the misuse of the BOATS (and unclassified lanes) in our Parish. Namely:
• BOAT 4 Empshott Green to Mill Lane • BOAT 23 which runs down to Doscombe from Warren Corner • BOATS 24 and 26, Standfast Lane to Waterford Lane • BOAT 25 (Snailing Lane) • BOAT 30 Church Lane, Empshott to Stairs Hill • BOAT 745 Oakshott • Cheesecombe Farm Lane
For many years, we have lobbied for the permanent closure of BOATS 24 and 26, (from Standfast Lane to Waterford Lane), to prohibit all motorised access. These BOATS are presently subject to a seasonal TRO, one which is continually abused. HPC is supportive of all of the byways listed being reclassified as Restricted Byways. We have received unsolicited written endorsement of this position from several residents; their correspondence is appended to this document along with their photographic evidence of the destruction caused by those driving along the BOATS.
The reasons for reclassifying the byways are as follows:
1. Allowing the safe use of these rights of way by the many not the few
The traffic responsible for the damage concerned is not local – it is organised nationally (e.g. the “Green Laners”: https://www.glass-uk.org/ ) and travels all over the country with the single purpose of driving “off road” along tracks such as these. Witnesses describe how these drivers deliberately, and noisily, churn the surfaces to degrade them and make it even more challenging for their next visit. But, at the same time, they make the byways more challenging for legitimate local users - pedestrians, cyclists and horse riders – who increasingly find the BOATS hard to use, eventually rendering them impassable and unusable, for example, as they did BOAT 25 before it was finally repaired in 2017:
This vehicular traffic is of a kind that is unsuitable having regard to the character of the way. Road Traffic Regulation Act, 1984
2. Ensuring the byways are used for their intended purpose of providing access to local villages and agricultural land.
The appendices illustrate the destruction this traffic causes - visiting 4x4s and off-road bikes use the BOATs for their sport but damage the natural environment and cause noise nuisance and air pollution for other users – local residents and visitors, on foot on horseback or cycling.
But it is not just the damage this traffic deliberately causes to the surfaces that is of concern. Many of these BOATs are historic trading routes through the countryside, often set in the historic “sunken lanes” typical of the area. Because many of these lanes are so narrow and high- sided, these vehicles are extremely frightening as they noisily approach foot and horse traffic (reports of riders being unseated) to the extent that, even if the byways remain passable, most people choose to stay away from these lanes when ‘Green Laners’ can be heard to be about. Consequently, local foot and horse traffic, really the legitimate user of these lanes, is being denied access to the National Park particularly in popular periods: weekends and holidays.
3. Protecting the historic byways
These byways were never intended to deal with the kind of traffic which now continually abuses them. The byways were originally established in the times of horse and cart and are entirely un-‘made up’. Many locally are predominantly limestone based, mud, stone and gravel covered with soil and leaf mould deposited over the years - often to some considerable depth. By winter time, the surfaces can be very wet and damaged – ruts 0.5m deep are common. Where the byway is on a limestone hanger, the water run off washes down the resulting debris resulting in much deeper gullies – sometimes thigh -deep – e.g. BOAT 745.
As 4x4s are designed ever bigger, heavier and stronger, their unsuitability for, and consequent destruction of, the BOATS becomes more apparent. People have hacked or chainsawn away vegetation and trees to allow these ever larger vehicles to continue to abuse these byways.
That these people also show flagrant disregard for the authorities’ attempts to maintain the byways is evidenced by our recent experience on BOAT 745. This recently was subject to a temporary closure while the surface was refurbished. HCC erected closure signs on stakes which were quickly removed then replaced by sturdy five bar gates cemented into the ground ………. these gates were destroyed by passing joy-riders …. within just 7 days:
4. Eliminating the disturbance of livestock and destruction of local flora and fauna
It is not just walkers, cyclists and horse riders who are impacted. Twenty years ago, the hedgerows along these lanes used to be rich in flora and fauna. Today, they are mud-splattered and barren - devoid of flora and most diurnal wildlife which naturally keeps away from the disruption caused.
Livestock too is wary of this traffic. Indeed, with good cause: some drivers have deliberately turned off Standfast Lane and joy-ridden over the fields of the cattle farm which it crosses.
The SDNP is not meeting its objectives to “conserve and enhance the landscapes of the National Park … nor … to protect and provide opportunities for everyone to discover, enjoy, understand and value the National Park and its special qualities.”
The character of the way is being impacted, the amenities of the area are not being preserved and the natural beauty, including flora, fauna and geological and physiographical features are at danger of not being conserved if access rights are not adjusted.
5. Stopping wasted spending of Public Money
These historic routes have been developed through the passage of pedestrians, horses and carts over many years. The surfaces of these tracks are completely unsuitable for the present abuse by the type of traffic - 4x4 vehicles weighing two tons or more and off road bikes - which these days is probably the principal user.
The growing popularity of SUV and 4x4 vehicles, increasingly enhanced with modern technology (e.g. there are now electric off-road bikes), will only accelerate this damage – encouraging an even greater number of people to pursue ‘green laning’ and further abuse this precious local resource.
Meanwhile, HCC has been periodically engaged in a never ending cycle of expensive repairs – opening the byways to traffic /closing them again due to extensive damage/ carrying out expensive repairs and so on. For example, Cheesecombe Farm Lane was extensively and expensively repaired only in 2014 – the critical stretch today has been returned to quagmire, in parts above the tops of ones Wellington boots, and where horse riders now rather dismount than be unseated when their mount loses its footing. Indeed, one local horse recently came down in the mud there. .
The byways are periodically repaired by HCC, presumably funded in part by our Council Taxes. However, our residents - the people paying for these repairs - are largely denied access to these beautiful sunken lanes by the actions of a handful of visitors to the area. Our enquiries of them have shown that they largely reside outside Hampshire – some having made day-trips from as far away as Nottingham and Cambridge. These visitors ruin the enjoyment of the byways for the quiet majority of local walkers, cyclists and horse riders – they pay nothing towards their upkeep.
If SDNP allows the status quo to prevail, and our BOATS continue to be abused in this way, the SDNP will not achieve its published vision for 2050 with “the iconic English lowland landscapes and heritage and greatly enhanced. These inspirational and distinctive places, where people live, work, farm and relax, adapting well to the impacts of climate change and other pressures.”
This situation will not improve without some legislative action. HPC believes there is clear evidence that now is the time for SDNP to use its powers under the National Park Authorities’ Traffic Orders (Procedure) (England) Regulations 2007 and bring Traffic Regulation Orders that restrict vehicular access to the BOATs across the SDNP and the Petersfield Hangers in particular.
This is the only way that the character of the routes can be preserved, the natural beauty of the area conserved and access to this historic area of the country for the majority – our local residents and tax payers - be ensured.
Yours sincerely,
Katherine Horton Clerk to Hawkley Parish Council
Cc Ian Phillips – Chair, South Downs National Park Authority Andrew Lee – Director, Countryside Policy and Management SDNP Russell Oppenheimer - County Councillor Charles Louisson - District Councillor
Appendix A Other illustrative evidence of the condition of BOATS in Hawkley Parish
Appendix B
Correspondence from Hawkley Residents supporting immediate action
1. Louise Baird 2. Steve Sullivan 3. Susannah Kelly 4. John Gibbon 5. Julie Pierce 6. Verity Tucker 7. Steve Cole 8. Andrew Horton 9. Mervin Hollidge-Goode
1. Louise Baird
From: [email protected]
For the attention of Lisa Graves
Dear Madam
I write to add my concern about the BOAT 745 in Hawkley that you are currently putting a lot of work into to re-open it and repair all the damage done by 4x4 and motorised vehicles.
This is to request most strongly that you restrict the access of this BOAT and re-classify it as not open to motorised vehicles. It has been used over the years by joy riding off-roaders who have wrecked it and made it impassable to anyone on foot or on a horse. Anyone who knows this track will see it is not suitable to have motorised vehicles on it as it is steep and narrow and far too dangerous – also encouraging 4x4 off road cars to attempt to travel either up or down it who invariably get stuck. There is little point repairing it at great cost to the Council when damage will simply happen again immediately it is open.
I am a horse owner and keep my horse at the livery yard Wheatham Farm GU33 6LN whose land is running across the lane from this and the Cheesecombe track. I have been there for 18 years and my husband even longer. We used to ride up and down the BOAT 745 as it was a really useful route to get back to the main track down to Wheatham Farm. However, it became impassable about 5 years ago and simply just got worse the more the 4x4 drivers tried to use it. This co-incides with it becoming increasingly so dangerous to take a horse on the winding country lanes these days due to reckless traffic racing about.
The problem is also that this byway 745 has been used by 4x4 and motorbike offroaders to link up with the Cheesecombe track which is another notorious danger spot for horse riders. Imagine being on a horse on a very narrow country track with low hanging trees either side when suddenly you can hear racing motor cycles off-roading coming in the distance – very fast and getting nearer and louder but they are hidden from view. There is nowhere to go to get out of their way. Then they come into view and you can see a group of bikes with blackened visors racing towards you spraying mud and skidding to stop when they see you. The horses get terrified as do us as riders. We have to fight our way past only to have the bikers rev up and roar off again. It is not good enough to say that people should be in control of their horses – even the most placid and road aware horses get terrified and accidents are happening where horses spin round and riders are unseated. I happen to be a more experienced rider and this is a real problem for me now – I really worry for many of the local riders who cannot cope with these challenges.
How can this be acceptable behaviour for the countryside?
It is imperative that the Council works with horse owners to make bridleways and tracks safe for horses and riders so we can keep off roads wherever possible and use tracks that are safe for walkers, dog walkers and horse riders alike.
Please can you treat this email as a real concern that has to be addressed urgently.
Many thanks
Louise Baird Sadlers, Tanners Reach Sheet Hants GU32 2BQ
07774 695722 01730 262659
2. Steve Sullivan
My wife and myself have lived at Brook Cottage, which is located at the Western entrance to the BOAT which runs between Mill Lane and Empshott Green. We have lived at Brook Cottage since 2013 and over this time period the use by dirt bikes and 4 x 4 vehicles on the BOAT has increased significantly. This type of vehicle has damaged the BOAT exposing the tree roots making it dangerous for walkers and horses. Continuous use by this type of vehicle on the boat has turned it into an off-road mud track. We also experience the nuisance of the off-road bikes and 4 x 4’s all hours of the day and night and usually in high numbers. Having spoken to some of the off-road people it is clear that a high proportion are coming from other parts of the country, specifically to use these type of tracks for their off-road use, with no consideration or regard for any other type of user.
This BOAT should be changed to a restricted highway to give it greater protection from environmental damage and to allow the safe use and enjoyment for walkers and horse riders. If left as a BOAT, it is fast becoming a track that is only being used by off-road vehicles and the damage will be irreversible.
A national park should be a location to be used and enjoyed by people and not as a racetrack for off road vehicles.
Attached is some photographic evidence of the damage to the BOAT located between Mill Lane and Empshott Green.
Regards,
Steve Sullivan / Lorna Sullivan
Brook Cottage, Empshott Green, GU336HU
01420 538220 / 07919 531366
3. Susannah Kelly
4. John Gibbon
The Cow Byre 21st February 2021 Mill Lane Hawkley Liss Hampshire GU33 6NU
Dear Sirs
I am writing to you in support of Russell Oppenheimer’s (the County Councillor for Petersfield Hangers) County Councillor Report to all parish councils in the Petersfield Hangers, dated 1 February 2021, in particular section 4 of this report.
For the last 25 years I have lived between, and have kept my sheep in fields adjacent to both: -
1.Standfast Lane and Watersford Lane Byways Hawkley 25 and 26, and 2.Hawkley Route Number 4 (BOAT) From Road U.213 West of Empshott Green to Road U.156 and therefore have used these paths regularly over the last 37 years.
As well as living at the Empshott end of 1 above since 1983. For most of my time in Empshott and Hawkley these lanes have been in reasonably good order and well used by a variety of bird watchers, dog walkers, hikers, horse riders, cyclists and a small amount of trail bikes and 4x4 vehicles, most of whom used the lanes decently in full consideration of the other users.
However over the last 12 years I have noticed the number of trail bikes and 4x4’s using these two lanes has increased dramatically to such an extent that the lanes, especially Route No. 4 is unusable throughout the winter, with puddles so deep that some are above wellington boot level. In my conversations with them the drivers have often come from as far as Kent, East Sussex, and Essex, as there are no such amenities in their own counties.
My observation is that the drivers repeatedly go round a loop of these BOATS in order to make their visit a full day’s outing. In addition, I notice that they will repeatedly rev their engines in order to make their wheels spin with the main purpose of making the route more difficult to drive along and therefore to make their visits more of an adventure. These actions have several consequences, which I list below in no order of (des)merit: -
• This action makes a surface that is hazardous to all walkers, cycle riders and horse riders who use it: unless you watch every step along the way you are in danger of injury, thus a health and safety hazard has been created by the motor powered vehicles. • This action makes the routes virtually impossible in the wet periods (mainly Autumn and winter but also spring and summer after persistent rain) for the other users; • It makes walking along the routes extremely hazardous in the summer with deep ruts up to 400mm deep, as well as containing deep puddles blocking the route to walkers in normal summer walking shoes/boots; • The ruts have worn so deep that they have exposed the roots of the trees alongside the routes. I have recently had to fell several trees that had been so damaged that they became unstable. • The ruts have undermined the banks on either side of the routes so that they fall into the lane and bring down smaller trees; • The excessive wear and tear on the routes causes significant run off silt from the routes which in the case of Route 4, very soon finds its way into the River Rother, thus polluting an otherwise pure chalk stream; • The trail bikes are always excessively noisy, and I would estimate them to be illegal on the Public Highway. The 4x4’s are generally, but not always quieter. • The air pollution is obvious. I would also like to bring to your attention the infringement of the law by the trail bike drivers as they continue to use Standfast Lane and Watersford Lane throughout the winter despite the preventative bollards and road traffic signs. These riders have been out virtually every weekend over the last year and certainly through the pandemic lockdowns, presumably assuming that riding a bike is counted as ‘permitted exercise’. To counter this action I would propose the replacement of the bollards with lockable low level gates that can be easily stepped over by pedestrians and horses.
Finally, I would like to note that Hampshire County Council (HCC) has a Duty to maintain the surface of a footpath or BOAT i.e. HCC is the body that has the legal obligation to carry out this maintenance; there is no element of discretion, the law says that they must be done, otherwise a body or individual can be called to account. I would therefore suggest that the Parish Council could compel HCC to repair the path by serving a notice under Section 56 (of the Wildlife and Countryside Act 1981) in such places where the surface is out of repair (rather than obstructed), or co-ordinate a full response by a number of potential users. I would imagine that the annual maintenance cost would make it understand the ongoing issues surrounding the designation of BOATS in the Hangers area.
Yours sincerely
John Gibbon
5. Julie Pierce
From: julie Pearce
To whom it concerns
Regarding 1.02.21 report, section 4.
I was delighted when a neighbour informed me that locals are speaking out about the damage that has been made by 4x4 s on route 4 leading from Mill Lane to Empshott.
The 4 x 4 s have made knee deep uneven trenches running the length of the path with irregular depth. It is too dangerous to ride your bike along and to narrow to pass 4x4 s. Walking it is treacherous and in the autumn and winter it is too muddy because of the holes created and mushed up terrain making like a mud pie.
The country side should be a shared place, lovely for people to enjoy in all sorts of ways but it is not possible on this path for 4x4 to share it with all other users as the terrain and width is not suitable. It is now ruined and the least we can do is get a ban on it against 4x4 use and perhaps then the council can try and level it out so all others can enjoy passing through again. We can't let it get trashed like this. My address. The Bothy, Hawkley.
Regards Julie
6. Verity Tucker
Verity Tucker Tulls Cottage Mill Lane Hawkley Hants GU33 6NU 01420 538242
16th February 2021
Clerk to the Parish Council Hawkley
Dear Sirs
Thirty years ago my husband and I moved into Tulls Cottage on Mill Lane, Hawkley. Since then, we have seen the four byways in walking distance of our home gradually turn from quiet, slightly overgrown by vegetation, easy walking, tranquil country gems, into the chainsaw-widened, tree sawn, rutted, holed, muddy, slippery, dangerous and unpleasant motorbike scramble tracks that they are today.
Recently there was a tragic accident on the road between Hawkley and Liss when a horse was struck by and car and had to be destroyed and it’s rider was hospitalised. I have been riding my pony in this area for over 10 years and whereas I, like many fellow riders, would previously use the byways as much as possible in order to keep off the roads, I am now unable to do so. Horses are often sure-footed, but the degraded state of the byways means it is too dangerous to pass on horseback. I cannot risk him slipping, tripping, or falling over the exposed tree roots or down one of the deep holes when he might injure himself or me. To call these byways open to all traffic is a complete misnomer. I feel it is time the byways were spared the vehicular punishment they now suffer and allowed to return to the wonderful local resource they once were.
I enclose some photographs taken in 2015 of the byway that runs from Mill Lane to Brook Cottage in Empshott Green. I also include some photos of the same places take just 2 days ago in 2021. It is hard to capture the depth of the surface damage with photos on a mobile phone, but you can clearly see how the level of the byway has been systematically eroded by vehicles and the tree roots exposed to damage. It is such a pity to see it in this state. I remember the badger setts and birds’ nests all along this path 30 years ago and how riders and dog walkers regularly used this way to access the paths up onto Noar Hill. This particular byway is short and so the dirt-bike riders frequently go up and down it several times in order to extend their fun. I have spoken to several of these visitors over the years and they are not local. The nearest one came from Basingstoke and the furthest from Nottingham!
I think it is high time the local people and wildlife were given some protection from those who want to use the natural beauty of Hampshire for motor sports without any appreciation of how destructive their actions are.
Yours faithfully
Verity Tucker
7. Steve Cole
From: Steve Cole
Dear David,
I hope that all is well.
I gather that Parish councils are being encouraged to write to SDNPA regarding the negative impacts of 4WD vehicles and motorbikes on BOATS.
I have become increasingly concerned regarding the condition of the BOAT running from Mill Lane up to Empshott Green, particularly over the last couple of years. I do not object in principal to motorised users of the BOAT. I've generally helped motorised users with directions etc. over the years and have found them polite and understanding (broadly). However, I would say that it's not the way I would choose to enjoy the countryside, and there have been a couple of issues with noise (users not using mufflers on their exhausts) and also the speed that motorised users of the BOAT go around the corner where the BOAT joins the lane in Empshott Green by our front gate (my particular concern being that my two young children sometimes play there).
However, over the last couple of years the ruts and general condition of the BOAT due to 4WD vehicles and motorbikes has precluded both myself and my family using it at all. I am a keen cross country runner/ walker and this area of hangers is great for it. However, I am no longer able to use the BOAT as it is far too rutted and the risk of twisted ankles and worse is far too high. My wife and I are also unable to take the children down there in winter as it has become largely impassable for small children unless they are carried. I've attached a couple of pictures so you can see the issue. It really is a complete mess.
In short, I don't mind motorised drivers using the BOAT but this should not be at the expense of other users. And the use by 4WD and motorbike drivers is now precluding both me and my family using it.
If you can consider this when considering whether to write to the SDNPA and in what terms that would be very helpful.
Best wishes
Steve Cole
Rother House Empshott Green Hampshire GU33 6HU
8. Andrew Horton
[email protected] Tue 09/03/2021 11:28 Dear Sir / Madam, I write to express my concern at the increased deterioration of the Byways open to any traffic (BOAT’s) around Empshott.
My wife and I are dependent on using the BOAT from the B3006 at the top of Stairs Hill to Church Lane, for walking our dog away from the traffic on the B3006 main road, which has no pavement. We also are frequent users of the BOAT that connects Empshott Green to Mill Lane, as it forms part of a circular route. We have been Empshott residents for over 20 years and in recent times the BOATs have deteriorated from relatively even, if undulating, part-grassy tracks to heavily rutted and muddy tracks that become very difficult to walk along, especially during prolonged periods of wet weather in the winter months. Indeed, during recent lockdown, we have had to drive to other locations to walk our dog, because the BOAT closest to us has become waterlogged and very slippery at times. The deterioration has accelerated in the last 3 years, by the more frequent use of the BOATs by convoys of 4x4 “green laners”, especially in the diverted section of the B3006 to Church Lane BOAT (diverted about 25 years ago to move it away from passing adjacent to The Old Hop Kiln). This diverted part of the BOAT has none of the rough stone base course typically underpinning a byway, so has become very eroded and deep, in one corner creating a section of 2ft deep watersplash (see photos attached), beloved of the most extreme 4x4’s, but impassable to many, who have now taken to diverting across the landowners field. For walkers, this section is especially difficult.
My other complaints about the condition of the Empshott BOATs are:
1. These BOATs are narrow and mostly sunken with banking on either side. When the 4x4 convoys are using the BOAT, they yield to no one, so pedestrians have to scramble up the banks to get out of the way and horseriders, motorcyclists and mountain bikers have to turn to find a passing place. I believe that use of the BOATs should be restricted to those that can allow others to pass alongside them without difficulty i.e. humans, animals and 2 wheeled vehicles. Essentially, all users must be able to adhere to the highway code, giving way to others. 2. 4x4 users have hacked away vegetation and damaged trees to allow their vehicles to continue to use them. (see photos attached). Where they have part chain-sawed and weakened the trunks of trees that obstruct them, the trunks may snap at some point. 3. There is no maintenance of the BOATs, so in the last 20 years the damage inflicted upon them has become ever more pronounced, especially on the climb from Mill Lane to Empshott Green, where there is virtually no easy path amongst the ruts, mud, tree roots and water pools. It is now a very difficult walk due to the likelihood of trips and falls because of the ground conditions. The BOATs should be repaired if funds allow, to give them a greater chance of recovery.
I believe that 4x4 vehicles should be prohibited from using these lanes and I believe the issue is being discussed at a council meeting.
Yours sincerely, Andrew Horton 2 Stairs Hill Farm Cottages Empshott 01420 538654
9 Mervyn Hollidge-Goode