ALTONÕS Tuesday market appears to be one step nearer to a High Street move this week following the discovery that at least one other town in the county has used an Experimental Prohibition of Driving Order to overcome obstructive road closure legislation.

According to Alton Initiatives Management chairman Mike Baker, both Havant, in Hampshire, and Christchurch, in Dorset, have recently moved their markets into High Street locations following implementation of the order.

ÒIf it can be done in Havant and Christchurch, why canÕt it be done in Alton?Ó demands Mr Baker.

He finds it difficult to understand why, when Hampshire County Council was able to help Havant achieve a market move into a highway used by traffic, it is finding it so difficult to do the same for Alton.

According to Mr Baker, whereas a road closure order can be authorised by a district or borough council, a Prohibition of Driving Order has to have the approval of the county.

However, despite only dating back to January, the county is said to be claiming that the Havant move could be illegal. Furthermore, it is requiring confirmation from Alton Town Council that AIM Ltd has been granted permission to run a market in the High Street.

According to town clerk Steve Parkinson, Alton Town Council has granted a licence for six months starting from the date of the first market and subject to AIM obtaining the necessary permission to trade in the High Street.

Mr Parkinson also confirms that he is sending further information to HCC to show that AltonÕs existing Tuesday market is lawful. He points out that, under section 137 of the Highways Act 1980, a lawful market cannot be seen as obstructing the highway and is not, for legal purposes, seen as trading on the highway.

However, it does have to comply with emergency service requirements and cannot, under this Act, stop other vehicles for using the route left clear for emergency access.

It is thought, by AIM, that an Experimental Prohibition of Driving Order would overcome this problem.