REGISTER OF APPLICATIONS - PUBLIC PATH ORDERS

DETAILS OF APPLICATION

File Name:Date application received:

Name of Applicant:Intended effect of application:

LOCATION OF APPLICATION

District: Parish:

NearestCity:

Town:Village:Grid References or Definitive Map path reference

Start Point (A)End Point (B)

ADDRESS OF PROPERTIES ON THE APPLICATION ROUTE

DETERMINATION (DECISION) OF APPLICATION

File Ref:

Not to makeorder

No

To make orde

Order date & effect:

Order confirmed?

Confirmation Date:

HCC decision date:

BRX/60/DIV RAIL

Cheshunt FP22: Slipe Lane15/01/2018Network RailDivert FP over new footbridge

Broxbourne CheshuntLondonCheshuntCheshunt

Cheshunt FP22

V3 April 2017

Decision Appealed?

If Yes

Date:r

NoOrder

Details of any modifications toOrder:

Appeal Outcome

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1. RAIL CROSSING TO BE EXTINGUISHED BY THE DIVERSION ORDER

(a) Name and location of rail crossing (including grid reference and parish or

district in which it is located). Name: Slipe Lane rail crossing Nearest stations: Cheshunt and Broxbourne (approx. equidistant) Line: Bethnal Green–King’s Lynn (BGK) Mileage: 15 miles 65 chains from Liverpool Street NGR: TL368052 Parish: None Ward: Wormley & Turnford District: Broxbourne Borough County: Hertfordshire (b) Name(s) and number(s) of any footpaths and/or bridleways leading to

the crossing to be extinguished. (Indicate whether footpath or bridleway.)

Part of FP22 Cheshunt (c) Length in metres of any path or way to be extinguished.

45m approx. (d) Description of any length of path or way to be extinguished by reference

to terminal points shown on attached map which must be to a scale of not less than 1:2500 or, if no such map is available, on the largest scale readily available.

The footpath shown indicatively on Plan A1 between points A and B, being such part of FP22 Cheshunt as crosses the railway, to the effect that the public will no longer have any right to cross the railway on the level at this rail crossing; and also such part of FP22 Cheshunt at forms the eastern approach to the level crossing and which will no longer require to be a public right of way.

(e) List the name(s) and address(es) of the owners, lessees and occupiers

of the land on either side of any path or way to be extinguished.

The railway and the rail crossing are owned by applicant, freehold. See enclosed Network Rail land ownership plan.

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The land to the east of the railway is owned by: Lee Valley Regional Park Authority Myddelton House Bulls Cross Enfield EN2 9HG

See enclosed Lee Valley land ownership plan.

(f) Have you obtained the written consent of every person having an interest

in the land over which any path or way to be extinguished passes, in so far as such consent is needed?

Yes

If YES, enclose all the written consents. If NO, enclose all written consents that you now possess and give

particulars of those where consent has been refused or has yet to be obtained.

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(g) Is the crossing, or any path or way to be extinguished, subject to any limitations or conditions?

Yes. If YES, give details. Kissing gates are provided at the level crossing for users of the public

footpath.

Part of the footpath to be extinguished is of width less than 2m.

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2. NEW PATHS OR WAYS TO BE CREATED (a) Describe type: Bridleway or Footpath

Footpath. (b) Give description: width, length, terminal points (indicating any sections

which run over existing paths or ways) by reference to the accompanying map at paragraph 1(d) above.

A new footbridge with ramps and steps is being constructed north of the rail crossing. The bridge is being dedicated to the public as a footpath, and additional ground level public footpaths are to be created to improve connectivity. There will be ancillary works to tie the new footpaths into existing highways. The footpaths to be created are described below: A public footpath 3m wide and 420m long or thereabouts shown indicatively by solid red line between points A, C, D and B on Plans A1 and A2, to include the ramps and deck of the new bridge; and also a public footpath 2m wide and 35m long or thereabouts shown indicatively by solid red line between points C and E on Plan A2, to include the steps of the new footbridge and connecting to Fairfield Drive, a public road; and also a public footpath 2m wide and 90m long or thereabouts shown indicatively by solid red line between points F, G and H on Plans B1 and B2, connecting FP22 Slipe Lane with Fairfield Drive at ground level; and also a public footpath 2m wide and 36m long or thereabouts shown indicatively by solid red line between points D and J on Plan A2, being the stairs of the new footbridge; and also a public footpath 2m wide and 130m long or thereabouts shown indicatively by solid red line between points J and K on Plan C. At point K the footpath will connect with existing permissive footpath.

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(c) List the name(s) and address(es) of the owners, lessees or occupiers of the land over which the new path(s) or way(s) would pass.

The railway and the rail crossing are owned by applicant, freehold. See enclosed Plan D (Network Rail land ownership). The land to the east of the railway is owned by:

Lee Valley Regional Park Authority Myddelton House Bulls Cross Enfield EN2 9HG

See enclosed Plan E (Lee Valley land ownership). The ‘public footpath’ to be created between points G and H is on land owned by the highway authority and forming part of the adopted highway verge. No dedication to the public is therefore required in respect of the section GH, but it will be set out as a paved footpath by the applicant.

(d) Have you obtained the written consent of every person having an interest in the land over which the path or way to be created passes, to this land being dedicated for this purpose, in so far as such consent is needed?

Yes.

If YES, enclose all the written consents. If NO, enclose all written consents that you now possess and give

particulars of those where consent has been refused or has yet to be obtained.

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(e) Are you prepared to maintain all or part of the path or way to be created?

In part. If NO, give reasons. If IN PART, state which sections you are prepared to maintain and give

reasons. Network Rail will maintain the structure of the new bridge. (f) Will the highway authority accept responsibility for that part of the path or

way to be created which does not pass over the applicant’s land?

Yes. If YES, a copy of any relevant letter must be attached.

Scavenging and maintenance of the surfaces of the footpaths created by this order will be undertaken by the highway authority.

If NO, state reasons. (g) Are you prepared to enter into an agreement with the council in

accordance with section 119A(8)?

Yes. If NO, give reasons. If IN PART, state upon what matters you are not prepared to enter an

agreement with the council and the reasons. (h) Will the new path or way connect with a trunk road?

No. If YES, give details. (i) Give reasons for the proposed rail crossing diversion order. Include

information about:

i. The use currently made of the existing path, including numbers and types of users, and whether there are significant seasonal variations, giving the source for this information, together with details of any survey carried out (any circumstances preventing or inhibiting such use must also be mentioned);

A nine day census was undertaken in accordance with Network Rail Specification GDR007 by Sky High Ltd., an approved supplier for

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Network Rail. The survey was undertaken for the hours of 06:00 to 00:00 between Saturday 11 July 2015 and Sunday 19 July 2015 (prior to the start of school summer holidays). An average of 195 pedestrians used the level crossing on a typical weekday and an average of 280 pedestrians used the level crossing per day over the weekend. The busiest survey day was the first Saturday when 350 pedestrians were recorded. Over the census period, 15 unaccompanied children, 11 older people and 2 people with visible impairments were recorded using the level crossing. No wheelchair or mobility scooter users were recorded. However, 56 people pushing prams or pushchairs were recorded. Usage was also observed by those pushing bicycles, walking dogs, and fishermen with their equipment.

ii. The risk to the public of continuing to use the present crossing, and the

circumstances that have given rise to the need to make the proposed order;

The railway at this location comprises 2 lines of rails. The maximum speed on both the up (London-bound) and down (Broxbourne-bound) lines is 80MPH. The lines are not reversible. On a typical weekday, approx. 418 trains pass the rail crossing. As a passive crossing, users must decide for themselves whether it is safe to cross the line. Signage placed 2.1m from the nearest running rail on either side of the crossing instructs users to Stop Look Listen: Beware of trains. A user who fails to stop, look and listen, and walks in front of a train, is highly likely to be killed; a train driver is unable to take any effective evasive action if someone is in the path of their train as they approach. The distance from the decision point (which is 2.1m from the nearest running rail and indicated by the position of the Stop Look Listen signs) to a position of safety on the other side (2m away from the nearest running line) is 9.1m. The time calculated for a user to traverse this distance is 11.48s. This includes an allowance of 50% to accommodate usage by slower-moving, ‘vulnerable’ users, such as older people, wheelchair users etc. Based on the crossing time and the line speed, users standing at the decision point must be able to see an approaching train which is at least 411m away, in both directions, to be able to satisfy themselves that there is sufficient time to cross the railway. The measured available sighting of trains is as follows:

Aspect Distance /m

Upside (east) to up trains 700Upside to down trains Min. 982Downside (west) to up trains 700Downside to down trains Min. 982

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The crossing therefore has sufficient sighting, although this is dependent to some extent on ongoing management of lineside vegetation, and can also be adversely impacted by environmental conditions, such as mist and fog. It is also possible for a train, having passed the crossing on the line nearer the person waiting to cross, to block the view of a train approaching the crossing on the other line. The most recent risk assessment of the public footpath crossing was undertaken in March 2017 on the basis of a camera census undertaken at that time, which recorded average daily usage of 79 pedestrians and dismounted cyclists. The level crossing has an ALCRM score of B2. B is the risk to an individual using the crossing, on a scale of A to M with A being highest, and 2 is the collective risk, which reflects the level of usage of the crossing, and hence the likelihood of an incident occurring at this location. Risk assessments since 2010 have consistently assigned the crossing an individual risk category of B, although the collective risk category has varied between 1 and 3, owing to changing levels of usage. The crossing is currently ranked as the fourth highest risk public footpath rail crossing on Anglia route. A list of incidents recorded at this crossing is presented below:

Date Description Incident Type

18-Feb-17

LC Misuse - 2H32 13:28 Liverpool Street - Cambridge; misuse at Slipe Lane level crossing with a person and her dog. NOT a near miss. MISUSE

18-Sep-16

LC Near Miss - 1B73 14:45 Stansted Airport - Liverpool Street with person pushing a push bike over Slipe Lane UWLC. NEAR MISS

13-Sep-16

LC near miss- 2D04 (Greater Anglia 1711 London Liverpool Street - Hertford East) reported a near miss at Slipe Lane Footpath Crossing with person. NEAR MISS

25-Jul-16

LC Near Miss - of 1B79 15:30 Stansted Airport – Liverpool Street with a MOP with a bike at Slipe Lane LC. NEAR MISS

24-Jul-16 LC Misuse - Person used Slipe Lane level crossing to gain access to the tracks to walk to Cheshunt. MISUSE

21-Jul-16

LC Misuse - 2O39 15:09 Hertford East - Liverpool Street; person ran across Slipe Lane LC whilst barriers were closed. Not a near miss. MISUSE

28-Jun-16

LC Near miss- 2H18 (Greater Anglia 0958 Liverpool Street – Cambridge), reported a near miss at Slipe Lane Level Crossing with person NEAR MISS

28-Jun-16

LC Near miss- 2H57 (Greater Anglia 1851 Cambridge – Liverpool Street) reported a near miss at Slipe Lane Level Crossing with a jogger. NEAR MISS

03-Jun-16

LC misuse- 1B74 (GA 1355 Liverpool Street – Stansted Airport) reported a person attempted to use Slipe Lane LC with the train approaching MISUSE

26-May-16

LC Misuse - 2S24 12:00 Stratford - Bishops Stortford; 4-5 kids played chicken at Slipe Lane LC with the train. Not a near miss. MISUSE

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Date Description Incident Type

12-May-16

LC Misuse - 2S53 18:15 Bishops Stortford - Stratford; 2 people ran across Slipe Lane LC in front of the train. Not a near miss. MISUSE

06-Apr-15

LC Near miss - 2S57 (Greater Anglia 1915 Bishop’s Stortford – Stratford) reported a near miss at Slipe Lane Level Crossing with Member of the Public. NEAR MISS

30-Mar-15 LC Near Miss - 1B71 14:30 Stansted Airport – Liverpool Street with a person with a dog at Slipe Lane UWLC. NEAR MISS

02-Jul-14

LC near miss - 1B87 (GA 1630 Stansted Airport – Liverpool Street) reported a near miss with children playing chicken at Slipe Lane Level Crossing. NEAR MISS

25-Aug-13 Children playing on crossing MISUSE

25-Aug-13 youths playing around trackside MISUSE

22-Jul-13 Children playing chicken on crossing MISUSE

29-May-13 Children playing chicken on level crossing MISUSE

22-Apr-13 4 youths ran in front of train NEAR MISS

20-Mar-13 MOP with dog crossed with train approaching (not a near miss) MISUSE

27-Feb-13 Emergency brake application made following kids messing around on crossing NEAR MISS

17-Oct-12 Near miss with school girl NEAR MISS

10-Aug-12 Near miss with MOP and dog NEAR MISS

21-Mar-12 Near miss with elderly couple. NEAR MISS

31-Jan-12 Kids running in front of trains (NO NEAR MISS) MISUSE

05-Jun-10 2H23 reported near miss with a group of people using crossing NEAR MISS

22-Apr-10 2H30 reported near miss NEAR MISS

09-May-09 Driver reported near miss with m.o.p.Driver able to continue. NEAR MISS

30-Aug-08 Fatality.M.O.P. hit by 2BO7. SUICIDE

15-Jan-08 Near miss between 1B67 and a pedestrian NEAR MISS

05-Jun-07 Youths placing debris on the crossing MISUSE

02-May-07 2H49 near miss with a young girl at Slipe Lane UWC. NEAR MISS

12-Apr-07 Children playing chicken MISUSE

23-Feb-07 Kids messing around on the crossing at Slipe Lane MISUSE If the level crossing remains open, the risk of incidents and accidents will continue. An aging population means that more slow-moving or partially sighted users may use the level crossing in the future. Demands for more and faster rail services between London and the Lee Valley, Cambridge and Stansted Airport may lead to a busier and/or faster railway line in the future.

iii. The effect of the extinguishment of the crossing and the creation of the proposed new path(s) or way(s) having regard to the convenience to users and the effect on any connecting rights of way and the network as a whole;

The proposed new route across the railway via the bridge will be free of steps and gates, which will make the new path more accessible, as well

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as safer, for people with reduced mobility. Steps will also be provided at the bridge to accommodate those who find ramps difficult, and to provide more options for walking in the area. A new link between FP22 Slipe Lane and Fairfield Drive adjacent to the new bridge will allow people in Fairfield Drive to access the ramps and people in Slipe Lane to access the steps; currently there is a circuitous link between the two streets to the west. The additional distance will vary dependent on one’s origin and destination, and whether one uses the steps or ramps. As the rail crossing provides access to Lee Valley Park leisure facilities, and an onward longer distance route, the additional distance is not expected to be a significant increase to overall journeys. It is also believed that the new linkages being created will provide more options for walking and connectivity in the area, which will mitigate increasing distances for those less able to manage them. The maximum increase in journey for a current user of Slipe Lane rail crossing will be around 375m, or just over 5 minutes at a walking speed of 1.2m/s. Users will no longer have to stop, look and listen, nor will they have to wait for trains to pass. The risk of a collision with a train at this rail crossing will be eliminated. The ramps on the bridge will be constructed at a gradient of 1:20, and a width of 3m, providing accessibility.

iv. The opportunity for taking alternative action to remedy the problem such

as a bridge or tunnel in place of the existing crossing or the carrying out of safety improvements to the existing crossing;

Whilst technology could be deployed at the rail crossing to make it slightly safer, the safe usage of any footpath rail crossing is ultimately dependent on users taking heed of the available information and then making the correct decision to cross the line. Therefore the only effective way to fully address the risk that exists at this crossing is to close it to the public. Medium-term aspirations to increase the number of running lines in this area would be incompatible with leaving the rail crossing open. An accessible footbridge is the preferred solution. This bridge will by future-proofed, leaving space beneath it for 2 additional running lines.

v. The estimated cost of any practicable measures identified under (iv)

above; N/A.

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vi. The barriers and/or signs that would need to be erected at the crossing and the points from which any path or way is to be extinguished or created, assuming the order is confirmed; and

Once the diversionary routes are constructed and available for public use to the reasonable satisfaction of the highway authority, the existing level crossing will be securely fenced off in order to prevent unauthorised access to the railway. Any signage required by the highway authority at the crossing (and at any other points) will be provided, to be advised by Hertfordshire County Council.

vii. The safety of the alternative right of way to be created by the order

relative to the existing rail crossing.

The diversionary route will be traffic free. No new hazards have been identified.

3. NAMES AND ADDRESSES OF PUBLIC UTILITY UNDERTAKERS IN

AREA (whether or not their apparatus is likely to be affected): (a) Public gas supplier

National Grid Plant Protection Block 1, Floor 2 Brick Kiln Street Hinckley LE10 0NA

(b) Public electricity supplier

National Grid Plant Protection Block 1, Floor 2 Brick Kiln Street Hinckley LE10 0NA EDF Energy Networks Plan Provision Team Fore Hamlet Ipswich IP3 8AA

(c) Water undertaker

Thames Water Utilities Ltd. Rose Kiln Court Rose Kiln Lane

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Reading RG2 0BY

(d) Sewerage undertaker (if different)

See above (e) Public telecommunications operator

BT Openreach National Notice Handling Centre PP 3WW18 Telecom House Trinity Street Hanley Stoke-on-Trent ST1 5ND Virgin Media Tel. 0800 5610061

(f) Others (specify). N/A

Full buried services searches have been undertaken in connection with construction of the footbridge.

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4. MAPS AND PLANS List below all maps and plans accompanying this request, giving details of their scale and content. In addition to the map mentioned in paragraph 1(d), this must include a map of a scale not less than 1:25,000 or, if no such map is available, on the largest scale readily available, showing the crossing and any paths or ways to be extinguished or created, and any connecting paths or ways. Plan A: Comprising Plans A1 and A2. Showing the new bridge and

public rights of way to be created on it, and public right of way to be extinguished. Scale 1:200.

Plan B: Comprising Plans B1 and B2. Showing the public right of way to

be created at ground level between FP22 Slipe Lane and Fairfield Drive. Scale 1:100.

Plan C: Showing the public right of way to be created at ground level

heading east from the foot of the stairs of the new bridge, into Lee Valley Park. Scale not specified, but point K is on an existing path in Lee Valley Park.

Plan D: Network Rail Land Ownership Plan at scale of 1:1250, Network Rail land shaded green edged red. Plan E: Lee Valley Land Ownership Plan with land in Lee Valley Regional Park Authority ownership shown shaded pink. Scale unknown. Slipe Lane rail crossing is indicated.

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5. OTHER INFORMATION Give any other information you consider relevant.

Planning permission for the new bridge has been granted by Broxbourne Borough Council under reference 07/17/0810/F. A copy is included with this application for ease of reference.

Address for correspondence relating to this application: Floor 12, One Stratford Place, Montfichet Road, London, E20 1EJ. Steve.day@networkrail.co.uk 07515 624312 Please advise the cost of processing this application and making the Order, and a purchase order number can then be supplied.

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DECLARATION I/We (a) Understand that no authority for the extinguishment, obstruction or

creation of any path or way in this request is conferred unless or until a Rail Crossing Diversion Order has been confirmed and come into force;

(b) request that a Rail Crossing Diversion Order be made and confirmed relating to the crossing and paths or ways described in Sections 1 and 2 above; and

(c) declare that, to the best of my/our knowledge and belief, all of the factual information included in this form is true and accurate.

Signed Name Steve Day On behalf of Network Rail Address One Eversholt Street London NW1 2DN Position held Liability Negotiations Manager Date 15/01/2018 Note: the council will need all relevant information to enable them to proceed.