THE PROPOSED NETWORK RAIL (ESSEX AND OTHERS LEVEL CROSSING REDUCTION) ORDER DEPARTMENT FOR TRANSPORT REFERENCE: TWA/17/APP/05

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1 OBJ/148/ W 031 E20 SNIVELLERS THE PROPOSED NETWORK RAIL (ESSEX AND OTHERS LEVEL CROSSING REDUCTION) ORDER PUBLIC INQUIRY, 18 OCTOBER 2017 DEPARTMENT FOR TRANSPORT REFERENCE: TWA/17/APP/05 OBJECTION BY THE RAMBLERS TO THE CLOSURE OF E20 SNIVELLERS CROSSING, PARISH OF KELVEDON PROOF OF EVIDENCE OF PAUL & KATHERINE EVANS OF 64 FEERING HILL, FEERING, COLCHESTER, ESSEX CO5 9NL Introduction 1. Our names are Paul and Katherine Evans. We are the Ramblers Joint Footpath Secretaries for Braintree District. We have held this post for 12 years. We have been keen walkers for 20 years. We have lived in the locality for 32 years and have regularly walked the local footpath network as we live in the adjoining Parish of Feering. 2. Essex County Council, district councils, and unitary authorities regularly consult the Ramblers about proposals to alter the rights of way network. The Ramblers has a procedure for deciding how to respond to such consultations. So that it can respond effectively the Ramblers Essex Area Footpath Committee meets regularly. Proposals to alter the rights of way network are allocated to a committee member or members on a basis of geography, availability, experience and knowledge. Each proposal is subject to detailed review by the Footpath Secretary to establish its convenience, safety and enjoyment to the public. Typical factors considered are the length of diversions, terrain, surface, traffic conditions, flooding and ease of access particularly for those with mobility problems. Enjoyment includes views and tranquillity. Once the review has been completed and the alteration (e.g. diversion) has been compared to the present right of way a conclusion (e. g. no objection) is sent to the authority. OBJ/148/ W 031 E20 SNIVELLERS 1

2 3. Our evidence represents the view of that committee in respect of the proposal about which we are testifying. 4. The Ramblers object to the proposal to close E20 Snivillers crossing because of the adverse effect the closure will have on the rights of way network and the severing of Snivellers Lane, an ancient lane which historically enables a connection across the Roman Road (the modern A12) to Hole Farm and Great Braxted Mill. The existing route 5. Snivellers Lane is a historic lane which predates the railway line. It provides a direct north south connection to Hole Farm and so to the footpath network in the Blackwater valley st series OS map pre- railway (source: Vision of Britain) OBJ/148/ W 031 E20 SNIVELLERS 2

3 Late 1800s Ordnance survey map annotated extract (Source: National Library of Scotland) 6. The arrival of the railway bisected this historic lane. North-west of the railway line it remains as Kelvedon public bridleway 34 and south of the railway line it is still a public lane with vehicular rights. Closing the crossing would sever this ancient right of way. 7. The bridleway 34 section of Snivellers Lane is wide and between two tree lines with a drainage ditch(es) which is an indicator of how old this route is. The path emerges into open countryside as you approach the railway line and the crossing. OBJ/148/ W 031 E20 SNIVELLERS 3

4 8. The sightlines on the crossing are good. We have not taken pictures in the past and on our last visit on Saturday 2 September, the crossing was temporarily closed again. There have been many temporary closure orders in recent years including: 13 June 2015: 8 days for emergency repairs 9 January 2016: 5 days for ballasting 3 April 2017: 17 days for track renewal 10 July 2017: 21 days for emergency works to the deck 1 August August 2017: 4 weeks for emergency deck repairs Closure extended on 15 September until 29 September 9. On 2 September there were no official ECC closure notices in place only a yellow metal sign with the closure dates of 6 July 11 September. There was no crossing deck on the southbound track. Nobody was working on the line in the vicinity of the crossing. OBJ/148/ W 031 E20 SNIVELLERS 4

5 Network Rail's proposals 10. All of Network Rail's proposals in the Transport & Works Act Order & NR26 Statement of Case and the different 1 st and 2 nd round public consultation proposals have included closing the crossing and severing the direct north south link along this historic lane. So all are fragmenting and degrading the public rights of way network which is against the 4 th objective of Essex County Council's ROWIP 1 (p28) 4. To reduce fragmentation in the public rights of way network. 11. The proposed bridleway route is wholly on the north / north-westside of the railway line so it does not provide a complete diversion. The rest of the proposed alternative route relies on the use of existing roads. Unsuitability and inadequacy of the proposed alternative route 12. In the Ramblers view, the proposed alternative route is inadequate and unsuitable. Walking or riding alongside a 1.8 metre high railway line fence is an unpleasant & noisy experience. It cannot be described as an enhancement of the 1 OBJ/148 Appendix 1, objectives at page 28 of that document. OBJ/148/ W 031 E20 SNIVELLERS 5

6 public rights of way network as it simply connects Snivellers Lane bridleway 34 back to Cranes Lane again, to either turn south to the A12 or north back to the junction of Kelvedon 36, 17 and Snivellers Lane (34 & 16). 13. Cranes Lane, Crabbs Lane and the Crane Hill railway overbridge are narrow country lanes with no walkable verges. After the Crabb's Farm wedding venue at the southern end, the lanes are generally lightly trafficked but visibility is poor in places. From Crane Hill overbridge looking south OBJ/148/ W 031 E20 SNIVELLERS 6

7 View south towards Crane Hill overbridge from the north 14. To connect up with the public rights of way network at Hole Farm and the Blackwater valley is an extra distance of about 1 kilometre, 20 minutes walking (at 3km/hour). This includes walking alongside the A12 which is a totally unpleasant experience, due to the continuous noise, slip streams and atmospheric pollution from the traffic, including many HGVs. Insufficient justification to close the crossing 15. Network Rail's second round consultation documentation for E20 Snivillers crossing states that "There were no incidents of misuse, no near misses and no accidents at this crossing between ". The sightlines are good. If Network Rail believes that safety is an issue, then they should consider installing safety features such as warning lights. 16. There is no evidence that Snivellers crossing has had any adverse impact on Network Rail s safety or efficiency. The Ramblers, therefore, considers that Network Rail has not adequately justified the need to close this crossing. The A Whilst it is currently not feasible to cross the current line of the A12, which is still on the alignment of the old Roman Road, A12 improvements are in Highways OBJ/148/ W 031 E20 SNIVELLERS 7

8 England current RIS1 2014/ /20 investment programme. Whatever the details of the final agreed A12 scheme, Highways England s scheme objectives & benefits include: helping cyclists, walkers and other vulnerable users of the network. address separation of communities and improve safety & access for public transport users. (Appendix A: Highways England A12 Chelmsford to A120 widening public consultation brochure, Jan-March 2017, pages 5 & 9 &12) 18. It is premature to make any permanent extinguishments of the PROW network in the area of the A12 between the Kelvedon South and Rivenhall junctions as there will be at any rate there are proposed to be changes to the A12 and the junctions in order to comply with expressway standards and to re-instate the bus stops near the Police and Fire & Rescue headquarters at Kelvedon Park (was Durwards Hall). This will provide a safe road crossing between Snivellers Lane in the north and Hole Farm & the footpaths in the Blackwater Valley to the south. Conclusion Cranes Lane, Crane Hill overbridge, Crabbs Lane and the A12 footway & cycleway are all available for use now. The proposed bridleway along the north side of the railway line would be noisy and not pleasant. Network Rail's proposals do not compensate for the fact that the closure of this crossing would, in reality, break the historic north-south route of Snivellers Lane and have an adverse effect on the PRoW network. The lane was in place before the railway. 20. For the reasons given above, the Ramblers does not consider that the proposed alternative route for this crossing is suitable or adequate. As a result, the Inspector cannot be satisfied that a proper alternative right of way has been provided by this scheme, as required by section 5(6) of the Transport and Works Act On this basis, the Inspector must not approve the proposed order. 21. We therefore ask the Inspector to recommend retaining this crossing and the local path network. We believe that the facts stated in this witness statement are true. PAUL & KATHERINE EVANS 18 SEPTEMBER 2017 OBJ/148/ W 031 E20 SNIVELLERS 8

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