CTC South Hampshire.

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Cycle Route Junction 9 M3/A34 linking Winchester and Easton – Update August 2011

The threat to cyclists' use of the subways has not gone away. Below is a summary of the current situation.

Winchester City Council/Hampshire County Council is currently completing the National Cycle Network 23 from the Winchester side of Junction 9 by Tesco to the centre of Winchester.  This involves widening the existing tarmac path leading to the subway on the Winchester side of Easton Lane. The width of the existing tarmac path alongside Tescos is also being widened to become shared pedestrian/cycleway. From there, the NCN23 goes between the tower blocks to Winnall Manor Road and then along Garbett Road to cross the old railway bridge at Ebden Road that is already shared pedestrian/cycling. From there it emerges into Wales Street and continues via Water Lane to the Centre of Winchester.

NCN23 is already signed from Alresford to the Long Walk crossroads (last crossroads before Junction 9 coming from Easton). On completion of the current work, NCN 23 will be signed from Tesco to the centre of Winchester leaving a gap in the middle, i.e. Junction 9.

With regard to Junction 9 itself, I have now put in the claim to Hampshire County Council claiming a right of way for cyclists through the junction on the grounds of long usage by cyclists and therefore a presumed dedication of the route by the landowner (the Crown in this instance) for use by cyclists. As Crown land, it is not possible to simply claim long usage by cyclists but provided that the Crown (i.e. the Highways Agency acting for the Crown) has not erected any signs indicating that the route is not a public right of way, there can be an implied dedication based on long, uninterrupted use by cyclists. The procedure is lengthy. There is a backlog of claims at HCC and so it won't be heard for some time. However, if Highways Agency were to prevent use by cyclists, we could apply for the claim to be accelerated and hopefully it would be dealt with promptly and in our favour.

If you use the subways to link the two sections of Easton Lane and have not yet completed a form, there is still time to do so - see http://www.southhampshirectc.org.uk/attachments/M3-J9-A34UserEvidenceForm1.pdf

I have already submitted about 150 forms to Hampshire County Council but the more evidence of use the better. The form should be posted back to me at the address below.

The attitude of Highways Agency (HA) to use by cyclists of the subways has not changed. It still maintains that cyclists may not use the subways. In its most recent communication dated 16.06.11 it wrote "We cannot allow any compromise in safety. If the HA were to allow cycling through the underpasses, we would be promoting the route as a cycleway, which it is not. This would be the same for the dismounting of cyclists across the overbridge. I am sorry that this is not the response you are hoping for but the HA must ensure that all the strict and current standards are met before agreeing to any proposals".

I have also been in touch Steve Brine, our local MP and he wrote to HA. The reply from the Chief Executive, although more conciliatory in its tone did not hold out much hope.  Provided that HA takes no action to prevent us using the junction, I have agreed with Steve that no further action is required on his part at present but he has assured me that he will intervene if we are stopped from using the junction.

The situation is complicated by the fact that we now know for certain that work is planned for the junction and in particular the southern overbridge. Hampshire County Council as the Highway Authority for the surrounding roads has commissioned a study to look at the junction and surrounding roads to see how traffic flows through the junction can be increased, e.g. by widening the southern overbridge (the overbridge that we use to connect the two subways) and possibly introducing traffic lights on those arms of the junction currently not traffic light controlled. At the very least, widening the overbridge would eliminate the safety strip between the footway and the carriageway and this would be detrimental to the safety of cyclists and make it even harder to argue for use by cyclists. The results of this study (not yet in the public domain) are currently with Highways Agency for evaluation.

We also know from the Barton Farm Public Inquiry that Cala Homes has agreed to pay the Highways Agency a considerable sum of money for work at Junction 9 if it is granted planning permission.

It looks as though this issue will run and run and I am monitoring the situation in order to keep abreast of developments.  Any queries/comments, please don't hesitate to contact me and thanks again for your support to date.

Regards

Sue Coles

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7 Ruffield Close Winchester, Hampshire, SO225JL

01962 864479