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My ref: Date:

PM/lw 5 August 2013

TYPE_OF_CONTACT

Dear SALUTATION Proceedings under Section 118A of the Highways Act 1980 Cornwall Councils Decision in respect of Powers to Make Public Path Orders Application by Network Rail for the Proposed Extinguishment of a Public Right of Way on Foot at the Mexico Inn Pedestrian Level Crossing. Long Rock, Penzance TR20 8JE Ludgvan CP As required by the Constitution of Cornwall Council, and in line with good practice, the authority carried out pre-order consultations in respect of a proposed Rail Crossing Extinguishment Order. The request for the order was made in the prescribed manner set out in the regulations by the railway undertaker Network Rail and was accepted as a valid application by Cornwall Council on 02 April 2013. The informal consultation exercise included local residents, user groups, the Parish Council, Council members, statutory undertakers and others. All the representations received have been carefully considered and have assisted me in my deliberations of this application. Cornwall Council has the power to make an order stopping up the footpath where it considers the stopping up expedient in the interests of the safety of members of the public who use, or are likely to use, the path. When addressing that point I have considered all the representations made on the issue of safety made by individuals and organisations and I have also carefully considered the application made by Network Rail, the Rail Accident Investigation Branch report into the fatal accident on the crossing, the office of Rail Regulation comments and their letter of 17th May 2013 in which they confirm that the history of the crossing, and risk estimates, show there to be significant risk to users and that they are not aware of any reasonably practical safety improvements they might require Network Rail to make to improve safety.

I have also considered the range of evidence that the crossing is used by many people on a daily basis. From evidence submitted, I believe that it is reasonable to consider that a significant proportion of those users will fall into Network Rails vulnerable user

Cornwall Council, The Exchange, 4th Floor, New County Hall, TRURO, Cornwall, TR1 1EA Tel: 0300 1234 100 www.cornwall.gov.uk

category i.e. the young and elderly, or be infrequent users and therefore at greater risk when using the crossing. In addition I am persuaded by the details of the number of near misses reported by train drivers since 2007. With regard to safety I am also persuaded by the RAIB reports view that there is a deficiency in sighting times for vulnerable users and that dependant on environmental conditions the train horn is not always audible. It is my view, therefore, that it is expedient in the interest of safety of the public using or likely to use the footpath that part which crosses the railway should be stopped up. In the event Cornwall Council is in a position to confirm an unopposed order it must be satisfied that it is expedient to do so having regard to all the circumstances and in particular to whether it is reasonably practicable to make the crossing safe for use by the public and what arrangements I have therefore also considered the impact on vulnerable users, businesses, residents and visitors if the rail crossing is stopped up. I have visited the site and recognise from the evidence submitted, the benefits of maintaining the route. I have also considered the alternative crossing and the displacement of pedestrian onto the highway network. I note Network Rails submission regarding the practicability of making the crossing safer and also note the Office of Rail Regulation confirmed they are not aware of any reasonably practical safety improvements they might require Network Rail to make to improve safety. An alternative gated crossing is available to the public and although it is accepted the alternative routes cause inconvenience to users of the crossing, in my view, it does not outweigh the risks to users of the path. Network Rail, in their submission, have agreed to undertake any enhancement works that the Council recommends to make the alternative route more safer and beneficial to users. The Council will now seek to agree enhancements in respect of the alternative routes. No details have been provided as yet as to what arrangements will be made for ensuring that, if the order is confirmed, appropriate barriers and signs will be erected and maintained. However, I note network Rails agreement o provide such information.

Cornwall Council, The Exchange, 4th Floor, New County Hall, TRURO, Cornwall, TR1 1EA Tel: 0300 1234 100 www.cornwall.gov.uk

Decision: An order be made under S118A of the Highways Act 1980 extinguishing part of the footpath as shown on the attached plan Appendix 1 and known as the Mexico Inn Crossing at Longrock. The order be confirmed subject to there being no unwithdrawn objections and receipt of acceptable details regarding arrangements made by Network Rail with respect to the erection and maintenance of appropriate barriers and signs. In the event of objections not being withdrawn, the order be sent to the Secretary of State for confirmation

Yours sincerely

Peter Marsh
Peter Marsh Corporate Director of Environment (Interim) Tel: 01872 326932 Email: pmarsh@cornwall.gov.uk Enclosure: Appendix 1 (Plan showing the rail crossing to be extinguished. Based upon the intended order plan but for information purposes only.)

Cornwall Council, The Exchange, 4th Floor, New County Hall, TRURO, Cornwall, TR1 1EA Tel: 0300 1234 100 www.cornwall.gov.uk