Decision details

A report was presented on the proposed diversion of part of Staining Footpath 6, Fylde Borough.

An application had been received from Network Rail to divert part of Staining Footpath 6, from the route shown by a bold continuous line and marked A-B on the plan attached to the agenda papers, to the route shown by a bold dashed line marked A-C-D-B, in connection with its proposal to replace Preese Hall Level Crossing with a stepped footbridge.

It was reported that the construction of a stepped footbridge would eliminate the risk to the public when crossing the operational railway.  It was acknowledged that the new route was longer than the existing route and required more steps to be negotiated, however given the substantial improvement in the safety of the crossing, it was suggested that this was reasonable.  In addition, users of the railway crossing that were in a hurry (and would be inconvenienced by waiting for a train to pass), may find a footbridge to be the preferred option.

The Committee noted that Network Rail had explored all alternative options for a permanent means by which the increased risk to the footpath users could be reduced.  Their preferred option was to provide a new stepped footbridge, to ensure that the public could cross the railway safely.  It was reported that Network Rail had applied for a Diversion Order to change the legal alignment of the footpath, to enable the level crossing to be closed when the footbridge is in place.

In the event that the Order is successful, Network Rail would ensure that suitable fencing was erected to bar access to the railway, and that appropriate signs were provided advising potential users that the path had been diverted.

The Committee noted that consultation with the statutory undertakers had been carried out and that no objections or adverse comments on the proposal had been received.

Resolved:

(i)  That subject to satisfactory responses to the consultations, an Order be made under Section 119A of the Highways Act 1980, to divert part of Staining Footpath 6, from the route shown by a bold continuous line and marked A-B on the attached plan, to the route shown by a bold dashed line and marked A-C-D-B.

(ii)  That in the event of no objections being received, the Order be confirmed and, in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.