Report Reference: 5.0 Regulatory and Other Committee Open Report on behalf of Paul Coathup, Assistant Director (Highways & Transportation) Report to: Planning and Regulation Committee Date: 10 April 2012 Denton to Skillington, The Drift / Viking Way - Subject: Proposed Prohibition of Driving Order KeyDecision decision? Reference: No Summary: This report details the background to and objections received against an Order prohibiting driving along a section of The Drift / Viking Way between Denton and Skillington. Recommendation(s): That the objections are overruled and the order as advertised be implemented. Background 1. The Drift is an ancient highway that follows the boundary between Lincolnshire and Leicestershire. It also forms part of the long distance footpath known as The Viking Way. A section of The Drift between the A607 and Saltby airfield passes through King Lud’s Entrenchment which together with The Drift in this area forms part of a Site of Special Scientific Interest (SSSI). 2. The Drift / Viking Way SSSI in this location was designated because it is one of the best remaining examples of limestone grassland in Lincolnshire. 3. Sections of this area had, in the past, deteriorated but following discussions with Natural England and Lincolnshire Wildlife Trust, and an extensive scheme of restoration works was undertaken funded by Lincolnshire County Council Highways Department. Works included removal of areas of scrub, felling of some trees and re-establishing the calcareous grasslands. This was in accordance with Lincolnshire County Councils duties under the Wildlife & Countryside Act, that is, to take reasonable steps to further the conservation and enhancement of Sites of Special Scientific Interest. 4. To enable this restoration to take place the removal of all vehicles using this route was required. Accordingly, an 18 month temporary Traffic Regulation Order (TRO) was introduced for this purpose and included the installation of Page 1 large tree trunks across the relevant accesses to The Drift / Viking Way to physically stop vehicles gaining entry. 5. Following the end of this period it was considered that the introduction of a seasonal Prohibition of Driving Order would be the most appropriate solution for this area as it would enable the SSSI to be maintained but yet be open to all users for part of the year. 6. It was therefore decided to consult on a proposal to prohibit all vehicles on The Drift / Viking Way from the A607 near Denton at Hill Top Farm southwards to Saltby Airfield near Skillington, a distance of about 3.8km (2.25 miles). The closure was to be in place from 1 October to 31 March annually, with the road open to all vehicles in the intervening times. 7. Full consultations on this proposals commenced in August 2011 with the public advertisement being displayed on site from 23 September to 21 October 2011. 8. During this time 65 objections and comments were received. 9. Of these, 58 were from motorcyclists who were seeking for motorcycle users to be exempt from the ban, mainly on the grounds that they believe their vehicles cause less damage than recreational 4x4 vehicles. Five respondents also suggested that changing the dates of the closure from 1 October to 31 March, to 1 November to 30 April might be advantageous as they could avoid what are usually the wetter months, thus minimising the damage and giving the lane longer to recuperate in the summer. 10. After careful consideration of the representations, it was decided that the scheme should be re-proposed with two minor revisions. 11. These revisions are to exempt motorcyclists from the TRO and to change the dates in which the order is in force from 1 October to 31 March, to 1 November to 30 April. These changes took into account the concerns of the majority of comments received from respondents. Consultations a) Consultation Process 12. A total of 98 consultation letters and e-mails for the revised proposals were sent out in January 2012 with the public advertisement displayed on site from 10 February to 9 March 2012. 13. Replies in support of the scheme were received from Buckminster Parish Council, Lincs Trail Riders Federation, GLASS (Green Lane Association), and several members of the public. Page 2 14. Letters received not objecting to the proposal came in from Leicestershire County Council, the Poacher Harness Club, the British Horse Society, LARA (Land Access & Recreation Association) and South Kesteven District Council. 15. Comments on the scheme were received from a local resident. 16. Objections to the proposal were received from the Grantham Group of the Ramblers Association, Hungerton Estate and Natural England. b) Objections Received 17. The Grantham Group of the Ramblers Association do not want motorcycles to be exempt from the proposal. Their reasons for this are that they want restoration work to be enabled on this SSSI, one of the best remaining examples of limestone grasslands in Lincolnshire, and that this will prevent further damage to the highway. They consider that motorcycles cause considerable damage to the surface in both wet and dry conditions and would have an adverse effect on any restorative works that are undertaken. 18. Hungerton Estate would like a permanent ban for all vehicles for the whole year. They are concerned that admitting vehicles in the summer months will lead to a resumption of the damage, especially after wet weather conditions, which is when, they state, many drivers will want to test their 4x4 vehicles. They also state that, from a nature conservation standpoint, the surface needs to be left clear so that plants may grow and that the area here is an ancient highway and its archaeological interest is being damaged which they believe will continue with summer use. 19. Natural England has submitted a briefing note for this proposal. This note is included as an appendix to this report and details the duties and responsibilities regarding the SSSI and expresses their concerns at the present condition of the site. 20. Natural England believes that a permanent closure of this section of The Drift / Viking Way to permanently prohibit motor vehicles is the only way to protect this area from damage. They do not believe the exclusion of motorcycles would be appropriate as the accumulative impact caused by a number of these would damage the grassland in wet conditions. They consider that, due to the present condition of the site, an immediate temporary closure of this length of The Drift / Viking Way should be considered in tandem with the pursuit of a permanent closure of the site to all vehicles. This will allow restoration management to be undertaken and allow the grassland to recover on this SSSI. 21. A local resident, did not object to the proposal but had some comments to make. He is concerned about the amount of fly tipping in the area that has occurred since the tree trunks blocking the lane were removed. He is also concerned with the condition of the track due to the usage by off-roaders, Page 3 particularly with the difficulties in access for cyclists and pedestrians and loss of plants and wild flowers. c) Comments 22. Whilst accepting the comments made by the consultees, and taking on board the objections received to the initial Traffic Regulation Order, it is considered that the current proposal maintains a balance between legitimate usage of the highway (including motor vehicles) and Natural England’s desire to see vehicles completely prohibited to drive along this ancient highway to preserve the calcareous grasslands which contributes to its SSSI status. 23. It should be noted that this type of seasonal TRO on green lanes has been used successfully elsewhere in the country. 24. We consider that the introduction of this seasonal TRO is complying with Lincolnshire County Councils duty to take reasonable steps to further the conservation and enhancement of the SSSI and we will continue to work with Natural England and Lincolnshire Wildlife Trust on this highway. 25. At the time of preparing this report, we have been made aware of an online petition being organised by Lincolnshire Wildlife Trust regarding this matter which we will report to this Committee once it has been received. Conclusion 26. That the objections are overruled and that the Order as advertised be implemented. Consultation a) Policy Proofing Actions Required n/a Appendices These are listed below and attached at the back of the report Appendix A Location Plan Appendix B Site Plan Appendix C Photographs of area (taken in March 2012) Appendix D Briefing Note from Natural England Background Papers No background papers within Section 100D of the Local Government Act 1972 were used in the preparation of this report. Page 4 This report was written by Mark Heaton, who can be contacted on (01522) 553182 or [email protected]. Page 5 .