Issue - decisions

The Monitoring Officer has confirmed this decision can be made by the Chief Operating Officer using their urgency powers to oppose the order. This is needed because the deadline for submission of an objection to the DfT expires very shortly this week (17th May) and full Council will not meet before the deadline.

The decision has been agreed with the Leader of the Labour Group and Leader Elect.

Network Rail has applied to the Secretary of State for Transport for an Order under the Transport and Works Act 1992 to authorise the closure of an existing pedestrian level crossing and the diversion of the existing public footpath (part of the Ebor Way) currently running over the level crossing by means of a new stepped footbridge at Yorkfield Lane. These proposals are part of Network Rail’s Transpennine Route Upgrade (TRU) Programme.

When considered from the junction of Farmer’s Way and Ploughman’s Close, the proposed diversion route will increase the length of the public right of way (footpath) route between Copmanthorpe and Bishopthorpe (where the footpath meets Copmanthorpe Lane) by approximately 200m, from 1.6km currently, to 1.8km using the diversion route. The proposed diversion route will include a stepped bridge to take users over the railway line.
For users who are not able to use the proposed stepped bridge, alternative routes available between Copmanthorpe and Bishopthorpe would be:
• the road network and cycle route to the north for approx. 3.9 km, namely Tadcaster Road and the Sustrans cycle route (National Cycle Route 65); or
• the road network to the south for approx. 4.8km, namely Station Road, Temple Lane (footway provision stops after number 61 Temple Lane when travelling from Copmanthorpe to Bishopthorpe) and Appleton Road (no footways available).
The decision taken by the Executive Member for Transport on 14 March 2023 (available here: https://democracy.york.gov.uk/ieDecisionDetails.aspx?ID=6816) was to delegate authority to the Director for Environment, Transport and Planning in consultation with the Executive Member for Transport, in accordance with paragraphs 15 or 16 of this report (as the case may be), to:
a) formulate and submit an objection to the TWA Order; or
b) formulate and submit a representation in support of the TWA Order; or
c) submit a representation that neither supports nor objects to the TWA Order i.e. effectively adopt a neutral position with no positive case in relation to the principle of the TWA Order.

This was because a decision would likely need to be made within the pre-election period.

Therefore the decision is that City of York Council will submit an objection to Network Rail’s application on the following grounds:
a) The proposal removes accessibility for those with protected characteristics and builds in discrimination by prohibiting access for those with protected characteristics. The proposed stepped footbridge will preclude some users with protected characteristics under the Equality Act 2010 (age, disability, pregnancy and maternity) from using the crossing over the railway line and Footpath 2 once it is diverted and the proposals raise concerns for the personal safety of future users as the bridge will be “unlit and enclosed”. Network Rail’s initial application to divert the footpath (submitted under Section 119A of the Highways Act 1980) was refused on these grounds by the Executive Member for Transport’s at the 17 May 2022 decision session (available here: https://democracy.york.gov.uk/ieDecisionDetails.aspx?ID=6534)
b) In the application submitted to the Secretary of State under the provisions of the Transport and Works Act 1992, Network Rail has not demonstrated how the organisation’s duties under the Equality Act 2010, and specifically under the Public Sector Equality Duty, have been considered with regard to the proposed diversion route and stepped bridge.
c) The proposals have not adequately considered the needs of the future residents of the proposed housing development on the field lying to the south of and adjacent to No. 1 Tadcaster Road, Copmanthorpe. Outline planning permission (18/00680/OUTM) has been granted for this site for the erection of 158 dwellings. The site is likely to include a significant proportion of larger family houses and the footpath off Yorkfield Lane will provide direct access to the public right of way between the site and Bishopthorpe, although this will be limited to residents who can use steps, excluding some families with young children and people living with a disability or mobility issues, if the current proposals are implemented.

TWA application documents supplied by Network Rail, available here: https://www.networkrail.co.uk/running-the-railway/railway-upgrade-plan/key-projects/transpennine-route-upgrade/copmanthorpe-level-crossing/