Planning Consultation for the New Bridge 17/02551/FUL I passed on your questions to the applicant and they have provided the following response:
Firstly we will be applying for a temporary stopping up order for the chief reason that there will be a lot of construction equipment and activity in the vicinity of the works and footpath, so it is prudent for safety reasons to close the footpath for a temporary period. We envisage the works will take around four months to complete. However as part of the temporary closure we will actively look at the possibility of a temporary alternative path to the existing footbridge. For safety reasons we also would not consider re-opening of the level crossing.
Footpath number 4 Old Denaby that crosses the railway via a stepped bridge Added 28/08/18
You will be aware that Network Rail have received planning permission to construct a new ramped bridge to replace the existing. I am emailing to inform you that Network Rail have submitted an application to divert the footpath away from the stepped to the proposed new bridge, as shown on the plan. The application is being made under Section 119 of the Highways Act in the interest of the land owner, Network Rail. The current bridge is due to be replaced and a ramped bridge is necessary to satisfy the requirements of the Equality Act.
The proposed bridge will be 2 metres wide, have a gradient of 1:16; with 2 metre level rests provided every 6 metres. The total length of the footpath over the bridge will be 302 metres. Network Rail also intends to provide steps on the new bridge that may be used as an alternative to the diverted path.
You will also be aware that until 2014 the public were also able to cross the railway on the level. This closure led to a definitive map modification order being submitted to Doncaster Council to add the footpath crossing on the level to the legal record. This application has yet to be determined.
Network Rail does not accept that public rights exist on the path that crossed on the level. However, they have also submitted an application under section 119A of the Highways Act to extinguish any unrecorded public rights that may be shown to exist on this path. Section 119A of the Highways Act may be used by Network Rail to apply to divert or extinguish public rights of way that cross the railway on the level if they consider it to be unsafe and can provide data in support.
This letter forms part of an informal consultation to seek any views you may have in relation to the 2 applications. Please be assured that no decision on whether or not to advertise the 2 orders has been made by Doncaster Council, and any decision made will take into account any comments received.
Should it be decided to advertise a diversion order the existing crossing via the stepped bridge will not be stopped up until the new bridge is fully constructed and available to the public to use.