Agenda item

This report considers the position in relation to the Hack Sand Track on Walton Downs.

Note: This report was marked as ‘To Follow’ in the agenda papers initially published for this meeting, and circulated at the meeting on 13 April 2016.

The Conservators received a report considering the position in relation to the Hack Sand Track on Walton Downs. This report had been listed as ‘to follow’ in the agenda and was circulated at the meeting.

The Council’s Head of Legal and Democratic Services introduced the report. The Conservators were informed that concerns about the condition of the Hack Sand Track at the foot of Walton Downs had been considered by the Conservators and Borough Council 3 years ago, and that at this time it had been decided to further investigate the legal responsibility for repairing and maintaining the track.

The Head of Legal and Democratic Services informed the Conservators that following investigation of the arrangements for the track, and correspondence with the Horserace Betting Levy Board (HBLB), who held a 999 year lease for Walton Downs, he was satisfied that maintenance responsibility for the track belonged to the HBLB, and not the Conservators.

The Conservators were informed that there was an undertaking made by the HBLB to the Opposed Bills Committee of the House of Commons during the enactment of the Epsom and Walton Downs Regulation Act 1984 to maintain the track. In correspondence to the Head of Legal and Democratic Services, the HBLB had expressed that it felt that this responsibility had been passed to the Conservators as a condition of a grant for improvements to horsewalks made by the HBLB in 2000. The conditions of this grant had included that future maintenance of certain horse walks on the Downs would be accepted by the Conservators or Training Grounds Management Board (TGMB).

The Head of Legal and Democratic Services informed the Conservators that maintenance responsibilities for the horsewalks to be adopted were identified on a map agreed with the grant, but unfortunately neither the Council nor HBLB still held a copy of this map. The Head of Legal and Democratic Services informed the Conservators that he was confident that the Hack Sand Track was not included within those adopted by either the Conservators or TGMB. The Vice Chairman informed the meeting that he agreed with the Head of Legal and Democratic Services’ opinion on the terms of the grant, and that his recollection was that it did not relate in any way to the Hack Sand Track. He informed the Conservators that to his recollection, the grant from the HBLB related to horsewalks utilised by Racehorses accessing the gallops. The Vice Chairman also informed the meeting that it was possible that he might still have a copy of the relevant map, and that if he did, he would provide it to the Head of Legal and Democratic Services.

The Conservators were informed that presently, the Downskeepers undertook a weekly harrow and occasional stone-picking of the sand track, following requests from Hack Rider Representatives to the Epsom and Walton Downs Consultative Committee. The Conservators discussed the condition of the track, and potential health and safety concerns if it were used at speed by horse riders. The Conservators also noted that there were powers within the Epsom and Walton Downs Regulation Act 1984 to temporarily close rides on the Downs to enable works to be undertaken to them. The Head of Legal and Democratic Services emphasised that these were designed to be used on a temporary basis, and not permanently.

The Head of Legal and Democratic Services recommended that the Conservators should not accept responsibility for the maintenance of the Hack Sand Track, and should instruct the Downskeepers not to continue to undertake any works of maintenance to it, in light of this. The Conservators were informed that they did not own the land on which the Track was located, and did not have any maintenance responsibility for it under the Epsom and Walton Downs Regulation Act 1984. The Head of Legal and Democratic Services also recommended that if the Conservators received any future requests for works to be undertaken to the Hack Sand Track, these should be referred to the HBLB.

The Conservators considered how to best inform Downs users if it were agreed that the Sand Track was not going to be maintained by the Downskeepers. It was considered that the Hack Rider Representatives to the Consultative Committee should be informed.

Following consideration, the Conservators:

(1)          Agreed to instruct the Downskeepers not to continue to undertake any works of maintenance to the hack sand track;

(2)          Agreed to ask the Council’s Head of Legal and Democratic Services to write to the Horserace Betting Levy Board to confirm that the Conservators did not accept that they are responsible for maintaining the track, and that they decline to do so.

It was noted that the Vice Chairman would look into whether he was able to access a copy of the map agreed alongside the HBLB grant for renovation of horsewalks on the Downs, and provide this to the Council’s Head of Legal and Democratic Services if possible.