Cabinet. The Future of Wareham Foot Level Crossing. Date of Meeting 24 February 2016

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1 Page 1 The Future of Wareham Foot Level Crossing Cabinet Date of Meeting 24 February 2016 Cabinet Member(s) Peter Finney Cabinet Member for Environment Colin Jamieson - Cabinet Member for Economy and Growth Local Member(s) Beryl Ezzard County Councillor for Wareham Lead Director(s) Mike Harries Director for the Environment and Economy Subject of Report The Future of Wareham Foot Level Crossing Executive Summary The railway divides large residential areas to the north from Wareham town centre in the south. The crossing is a key link for pedestrians and cyclists between them. A survey carried out in 2009 showed that more than 1,200 people used the crossing on just one day. There is no reason to suggest that this demand has dropped. Alternative pedestrian access is provided by Network Rail in the form of a listed stepped footbridge (not a recorded public right of way) which is not suitable for people with protected characteristics, restricted mobility, wheelchairs and scooters, people with pram/pushchairs, those with heavy baggage and cyclists. Representations made by local residents have suggested that closure of the crossing without adequate provision for those groups would effectively divide the town and isolate communities. Currently there is a flat pedestrian level crossing over which Dorset County Council has permissive rights. It is not a Right of Way but makes up part of the Strategic Cycle Network (National Cycle Route No 2), the Northport Greenway Cycle Route between Wareham and Wareham Forest. In 2009 a notice was served by the Office of Rail Regulation, now known as Office of Rail and Road (ORR) to Dorset County Council and Network Rail to improve safety. As a result of this locking gates were installed and a security company were employed. The costs of this have been borne by Dorset County Council at a cost totalling circa 120k per annum. This was meant to be a short term

2 Page 2 The Future of Wareham Foot Level Crossing measure and in the current economic climate it is becoming increasingly difficult to find the revenue funds to continue operating this crossing in this way. Even with the measures of flashing warning lights, sounding alarms and the presence of the attendants there are still reported incidents of non-compliance and near misses. This gives rise to doubts over the safe operation of this crossing. The ORR consider this risk is too substantial and improvements must be made, or the crossing be closed. The existing pedestrian level crossing is not a right of way and pedestrians only have permissive rights to cross the rail tracks granted in an agreement made between Network Rail and Dorset County Council in In 2013 Dorset County Council gave notice to extend these rights until March After this time Network Rail are under no obligation to allow further pedestrian level crossing at this point. Since 2009 Dorset County Council and Network Rail have been working together to find a long term solution that meets with the approval of the ORR 's requirement to remove the risk of serious and fatal injury occurring at the crossing whilst meeting the needs of the users of the crossing. Other options that have been considered with Network Rail are: lifts at the station; a subway; POGO (manually operated barriers) and automatic barriers; a new footbridge; ramped access to the existing footbridge and a footway/cycleway adjacent to the A351 Wareham By-pass (Appendix 2). There appeared to be only two potentially viable options to provide a permanent crossing within the physical constraints of the site - ramped access to the existing footbridge or a footway/cycleway adjacent to the A351 Wareham By-pass. The listed stepped footbridge is not a recorded public right of way and could be closed off by the train operating company so it is only accessible to railway passengers preventing public access. Dorset County Council has previously considered making improvements to the existing road bridge in 2010/11, but is aware of the extra distance and the inconvenience this would cause Wareham residents. This is why support was given to Network Rail s proposal for ramped access to the existing stepped footbridge as it seemed to be a more convenient and preferred option for the Wareham community rather than a footway/cycleway adjacent to the A351 Wareham By-pass or no alternative when the crossing closes. Wareham residents have indicated on numerous occasions their preference to keep the pedestrian level crossing open.

3 Page 3 The Future of Wareham Foot Level Crossing Dorset County Council has received legal advice that indicates the Council does not have a legal obligation/requirement provide a pedestrian footbridge over the railway at the Sandford Road Level Crossing site because of frustration of impossibilities (i.e. it is impossible to construct a suitable alternative because of physical and planning constraints). The Sandford Road Level Crossing site is where the current foot crossing is, not on the A351 Wareham By-pass. As the second design by Network Rail for ramped access to the existing road bridge was not approved by Purbeck District Council planning committee in September 2015, and the current set up is not considered to be safe enough for the users of the level crossing by the ORR, plus the revenue budget cuts, a decision needs to be made regarding the future of Wareham pedestrian level crossing. Impact Assessment: Equalities Impact Assessment: Closure of the pedestrian level crossing due to withdrawal of the existing safety measures will negatively impact on those with protected characteristics, restricted mobility, wheelchairs and scooters, people with pram/pushchairs, those with heavy baggage and cyclists as the only available crossing point over the rails would be the stepped footbridge. Improvements to the road bridge would also negatively impact on those with protected characteristics compared to what is currently in place because of the extra distance and it would not be flat, although the House of Commons Transport Committee: Safety at level crossings, Eleventh Report of Session states Analysis of Network Rail and Department for Transport data shows that if an average walking trip includes a level crossing, the fatality risk to pedestrian is about double the risk of an average walking trip without a level crossing. Use of Evidence: Wareham By-pass Road Scheme Side Roads Order 1973; Lease of Land at Wareham 1975; Wareham By-pass Works Agreement 1978; Wareham Pedestrian Level Crossing Works Agreement 1988 JE Jacobs feasibility study 2007 commissioned by Dorset County Council; Frankham feasibility study 2012 commissioned by Network Rail; representations made to Purbeck District Council planning committees; public events and meetings held by Network Rail with Dorset County Council representation in advance of planning applications; on-going engagement with Network Rail and the Office of Road and Rail; correspondence from various organisations including representatives of disability groups and Wareham Town Council received since 2009 when there was a possibility of the crossing closing; Annette Brookes MP address to House of Commons 2009

4 Page 4 The Future of Wareham Foot Level Crossing re: Wareham level crossing on-going discussions with the local member, Purbeck Community Rail Partnership; House of Commons Transport Committee: Safety at level crossings, Eleventh Report of Session Budget: The cost to continue with the existing arrangements until 2038 and to make the essential improvements will cost at least 2.6 million (revenue). This price is based on the current running costs of 120k per annum and 40k for the annunciator to be installed. This cost does not take into account future increases in electricity charges; charges for replacement parts for the gates; potential increases in wages or costs charged neither by the security company; retender costs and potential increases nor for servicing and updating the site office for long term use. Improvements to the road bridge have been estimated at 2.4 million (capital) for feasibility study, design and construction fees. This does not include costs for future maintenance or the crossing closure. Network Rail has indicated they would be prepared to make a contribution of 500K towards these costs if it leads to the closure of the existing crossing upon completion of construction. As part of the Works Agreement 1988 Dorset County Council would have to meet the costs incurred for the removal of the crossing, fencing off the approaches and all other works to signalling and other equipment that may be necessary due to the closure and removal of the crossing. There is no capital funding allocated for this option and the capital budget is fully committed to The existing revenue budget ( 120k) could be used to fund the cost of borrowing, equating to around 1.5M capital cost but this would not cover the anticipated scheme costs. Any shortfall would have to be bid for through the normal capital bidding process (PMG/AMG). Risk Assessment: Continuing with the attendants without making improvements - the ORR and Network Rail have identified there is a HIGH risk of fatality or injury because of Inadequate advance notice of trains approaching the crossing; attendants unable to prevent pedestrians from accessing the level crossing; or human error. If improvements were made, whilst the risk would be lowered it is still not considered to be LOW by the ORR and Network Rail. This is in the health and safety risk category.

5 Page 5 The Future of Wareham Foot Level Crossing There is a HIGH risk there will be no revenue funding for attendance, maintenance and operation of gates as well as essential improvements beyond 31 March This is in the financial risk category. There is a HIGH risk if Dorset County Council does not implement the recommended improvements, provide an alternative crossing allowing for the existing crossing to close, or close the crossing the ORR will for commence legal proceedings resulting in fines and prosecutions for the Authority. This is in the financial / health and safety / reputation risk categories. See the Risk Register (Appendix 1). Other Implications: Potential increase in congestion from parents taking and collecting pupils to/from schools if there is no pedestrian access between north and south Wareham. Recommendation That the Cabinet: 1. Considers the viability of maintaining the current 120k per annum funding and providing the safety measures required to keep the crossing operating until 2038 when permissive rights to use the crossing will be withdrawn by Network Rail and advises how it wishes to proceed in the light of high revenue costs. 2. Advises whether to proceed with a corporate bid for capital funding to make improvements to the A351 road bridge allowing for an accessible foot crossing between the north and south of Wareham. 3. Consents that should funding allocation to provide improvements to the A351 road bridge be agreed, and if it is considered a viable way forward, that Dorset County Council should no longer fund current safety measures which would lead to the closure of the existing pedestrian level crossing. A decision would need to be made as to whether or not to continue with the current arrangements, until an alternative is constructed or if the current arrangements cease and the crossing closes. Reason for Recommendation This is highly sensitive issue which will have a serious impact on Wareham residents, particularly for those with protected characteristics. Since 2009 a permanent pedestrian access over the trail tracks has been sought by Dorset County Council and Network Rail but has been unable to be achieved. The current safety measures are no longer considered to be good enough and were only ever meant to be a temporary solution. For this reason and because of the current economic situation drastically reducing

6 Page 6 The Future of Wareham Foot Level Crossing revenue budgets the status quo cannot continue. Appendices Appendix 1 - Risk Register Appendix 2 - Site Plan Appendix 3 - Summary of Options Background Papers None. Officer Contact Name: Kelly Rand Tel: k.a.rand@dorsetcc.gov.uk

7 Page 7 The Future of Wareham Foot Level Crossing 1. Background 1.1 The highway rights over the former Sandford Road Level Crossing were stopped-up as part of the 1973 Side Road Order to allow for of the construction of the Wareham By-pass in This means there is no recorded public right of way at this site. In its place, an agreement was signed with the British Railway Board for a gated pedestrian level crossing facility that provided a footpath link over the railway between Northport and the Town Centre. The new By-pass was constructed without any pedestrian facilities. 1.2 Following the electrification of the railway in 1988, the crossing was changed to an arrangement of staggered pedestrian barriers with red/green crossing warning lights and audible signals. A revised 25 year agreement was signed between Dorset County Council (Dorset County Council) and British Railways that made Dorset County Council wholly responsible for the future costs of maintenance and/or alternative arrangements at the crossing. 1.3 In 2013 Dorset County Council served notice of intent to renew this agreement until The permissive rights to cross at this site will then cease and the crossing will be closed permanently. Clause 11 of this agreement made Dorset County Council wholly responsible for the future costs of maintenance and/or alternative arrangements at the crossing. Network Rail is not prepared to renew the agreement with Dorset County Council beyond In 2009 formal enforcement action in the form of improvement notices were directed at both Dorset County Council and Network Rail by the ORR requiring better protection and safety at the crossing because of the considered high risk of a fatal accident occurring due to those misusing the level crossing. Failure by Dorset County Council and Network Rail to address this Notice would have resulted in closure of the crossing which would produce severe difficulties for cyclists, people with prams and pushchairs and the disabled. This would remove part of the Local Transport Plan Northport Greenway Cycle Route between Wareham and Wareham Forest and the Strategic Cycle Network (National Cycle Route 2) between the Bakers Arms Roundabout and Wareham Town Centre. 1.5 As a result of this notice immediate action taken by the County Council to improve safety was to pay for a British Transport Police patrol during the working day to dissuade people from crossing after the warning lights have changed to red. This was subsequently transferred to a private "rail accredited" security company to provide a short term measure until a permanent solution could be found. 1.6 Attendants operate the crossing on a shift basis , 7 days a week. There is also a red and green light warning system (which pedestrians should check before crossing), audible warning and lockable gates controlled by the attendants. Dorset County Council currently pay circa 120,000 a year for this. Funding is confirmed only until 31 March The County Council and Network Rail have been working together to find a long term solution that meets with the approval of the ORR 's requirement to remove the risk of serious and fatal injury occurring at the crossing caused by the reported continuing abuse of the level crossing. Other options that have been considered with Network Rail are: lifts (rejected as there are concerns over risk

8 Page 8 The Future of Wareham Foot Level Crossing of entrapment and South West Trains would not support them at their station. They would also not be operable when the station is closed); subway (rejected as ground conditions not suitable, utilities including the main gas main would need to be relocated, it is on a flood plain and there is not enough land available without impacting on the adjacent road); and automatic barriers (rejected as these present the greatest risk with regards to non-compliance or trapping someone between them. The Office of Road and Rail would not agree to these being installed as other examples such as Poole High Street are also considered to be high risk). (Appendix A). 1.8 A corporate capital bid was submitted as part of the 2010/11 budget to provide a footway/cycleway adjacent to the Wareham By-pass at an estimated 2.2M as part of a long term strategy to provide cycling facilities between Wareham and Poole. This was not progressed as Dorset County Council supported Network Rail s proposals for ramped access to the existing footbridge believing this would better suit the needs of those with protected characteristics after several meetings between Dorset County Council, Network Rail, local members, town council and residents at public engagement meetings held throughout In August 2013 the planning application submitted by Network Rail Infrastructure Ltd was given approval by Purbeck District Council Planning for ramped access to the existing listed footbridge, but they were unable to find a manufacturer to construct the approved design. Dorset County Council made an offer of contribution of 500,000 for future maintenance costs of this ramped access. These funds are still held specifically to use for ramped access at Wareham footbridge In September 2015 an amended design for ramped access compliant with the 2010 Equalities Act was submitted by Network Rail to Purbeck District Council planning committee which was not approved In November 2015 the ORR advised Dorset County Council of improvements they feel need to be made to improve safety for safety of users of the Wareham pedestrian level crossing as there are still incidents of misuse and near misses. They expect Dorset County Council and Network Rail to work together to implement these improvements; provide an alternative crossing; or close the crossing. If this is not done they will formally write to both parties. If one of these outcomes is not achieved then they will serve an Improvement Notice. If the required improvements are not made after the notice has been served; or an alternative crossing provided; or the crossing is closed at this stage, the Office of Rail and Rail will prosecute and this is likely to result in a personal conviction as well as a financial penalty for the Authority. They do not serve closure notices Dorset County Council has received legal advice that indicates the Council does not have a legal obligation/requirement to fulfil Clause 24 of the agreement made on 1st December 1978 between Dorset County Council and the British Railway Board which states that the Council shall in the future provide a pedestrian footbridge over the railway at the Sandford Road Level Crossing site the provision of which shall be subject of a separate Works Agreement between the Board and the Council because of frustration of impossibilities (i.e. it is impossible to construct a suitable alternative because of physical and planning

9 Page 9 The Future of Wareham Foot Level Crossing constraints). The Sandford Road Level Crossing site is where the current foot crossing is, not on the A351 Wareham By-pass At a meeting between Dorset County Council officers and Network Rail in December 2015, Network Rail said that they would not be submitting an appeal against the decision made by Purbeck District Council Planning Committee s to reject their planning application in September 2015 as it was made for legitimate planning reasons. They did agree to look at the feasibility of installing an alternative barrier at this crossing In January 2016 Network Rail confirmed that they had no other suitable alternative they believed would improve safety enough at this site but would be prepared to make a funding contribution to provide a footway/cycleway adjacent to the A351 Wareham By-pass. 2. Options 2.1 Option 1 - Keep the current crossing open until 2038 when the agreement ends Implications and costs: Minimum 120k per annum running costs. It is reasonable to assume that these costs will increase due to wage increases and increased utility costs. Plus the costs to install, run and maintain a warning bell (annunciator) in the attendants hut (minimum 40k initial costs) and costs for updating and maintaining the site office for long term use. This service would also need to go through a procurement exercise and there will be costs associated with that. Also, the Office of Rail and Road could issue further notices to improve safety. Dorset County Council would have to meet the costs incurred for the removal of the crossing, fencing off the approaches and all other works to signalling and other equipment that may be necessary due to the closure and removal of the crossing in All of these costs would be wholly borne by Dorset County Council This will have an impact on the intended operation of the Swanage to Wareham Amenity Service, which Dorset County Council has financially contributed 3.2 million towards, as the Office of Rail and Road will not authorise further scheduled train movements across the crossing as this will increase the risk to safety and prevent running a full service Wareham residents have indicated on numerous occasions their preference to keep the pedestrian level crossing open There is a high risk the crossing will close in 2038 without a permanent alternative in place when NR withdraws permissive rights. 2.2 Option 2 - Construct a footway/cycleway adjacent to the A351 Wareham By-pass road bridge A corporate capital bid was submitted as part of the 2010/11 budget round to provide a footway/cycleway adjacent to the Wareham By-pass as part of a long term strategy to provide cycling facilities between Wareham and Poole. This was

10 Page 10 The Future of Wareham Foot Level Crossing not progressed as Dorset County Council supported Network Rail s proposals for ramped access to the existing footbridge believing this would better suit the needs of those with protected characteristics after several meetings between Dorset County Council, Network Rail, local members, town council and residents at public engagement meetings held throughout Improvements to the road bridge have been estimated at 2.4 million for feasibility study, design and construction fees. This does not include costs for future maintenance. Revenue funding of 120k per annum would need to continue for the costs to keep the existing crossing open until the end of the construction phase. Dorset County Council would also have to meet the costs incurred for the removal of the crossing, fencing off the approaches and all other works to signalling and other equipment that may be necessary due to the closure and removal of the crossing. Network Rail has indicated they would be prepared to make a contribution of 500k towards the cost of this option if it leads to the closure of the existing crossing upon completion of construction It has been indicated that this solution would not be popular because of the increase in walking distance, adding approximately an additional three minutes to walking journey times between Northmoor Park and Wareham Town Centre, and because it will be alongside a busy trafficked stretch of road There is no other land available for Dorset County Council to provide a permanent pedestrian connection between the north and south of Wareham If this footway/cycleway was constructed then it would allow the closure of the existing crossing whilst providing a permanent pedestrian connection between the north and south of Wareham. 2.3 Option 3 - Close the crossing without providing an alternative If Option 1 is not agreed, the crossing would be considered too unsafe to keep open thus the crossing would have to close. Closing the crossing will eliminate the serious safety concerns of high risk of fatality or injury at the pedestrian level crossing, although without an alternative it may mean an increased risk on the A351 if pedestrians try to use that as an alternative without a footway With half of Wareham s residences to the north of the railway, then closure of the level crossing without an alternative solution will severely disadvantage a significant number of people as there are no footways on the adjacent A351 over-bridge there will be no safe walking routes for anybody other than the existing listed stepped footbridge that cannot be used by people with restricted mobility, wheelchairs and scooters, pram/pushchairs, those with heavy baggage or cyclists As part of the 1988 agreement under Clause 19, Dorset County Council would have to meet the costs incurred for the removal of the crossing, fencing off the approaches and all other works to signalling and other equipment that may be necessary due to the closure and removal of the crossing. Network Rail would not assist with these costs.

11 Page 11 The Future of Wareham Foot Level Crossing There would be a significant financial saving of a minimum 120k per annum running costs plus additional costs for maintenance and improvements until This funding could be used to service borrowing costs equivalent to 1.5M capital expenditure There is a low/medium risk that the train operating company could install barriers or fence off the stepped footbridge for use by their customers only then there would be no pedestrian access between north and south Wareham Dorset County Council has received legal advice that indicates the Council does not have a legal obligation/requirement to fulfil Clause 24 of the agreement made on 1st December 1978 between Dorset County Council and the British Railway Board which states that the Council shall in the future provide a pedestrian footbridge over the railway at the Sandford Road Level Crossing site the provision of which shall be subject of a separate Works Agreement between the Board and the Council because of the frustration of impossibilities (i.e. it is impossible to construct a suitable alternative because of physical and planning constraints). The Sandford Road Level Crossing site is where the current foot crossing is, not on the A351 Wareham By-pass. 3. Conclusion 3.1 In light of the safety concerns and improvements that are required to continue with the current pedestrian crossing, the reduced funding by Central government, the unsuccessful planning application by Network Rail for ramped access to the existing footbridge and funding approval for current operating costs ceasing on 31 March 2017 the future of Wareham foot crossing needs to be considered. 3.2 There are three options to consider attendants plus maintenance and improvements until 2038; footway/cycleway adjacent to A351 Wareham By-pass; and permanent closure of the existing crossing as of 1 April If capital funding could be found for Option 2 - a footway/cycleway adjacent to the A351 Wareham By-pass, whilst not ideal, does provide a permanent pedestrian/cyclist link for all between the north and south of the town. Option 1 would only be temporary until 2038 when the foot level crossing permanently closes and there is a chance that the stepped footbridge, which is not a recorded public right of way, could be made accessible for station users only. Option 3 is the lowest cost option and offers the greatest improvement for safety at the level crossing, however, it may increase safety concerns on the A351 Wareham By-pass. Mike Harries Director for Environment and Economy February 2016