PUBLIC NOTICE

Proposed Rail Crossing Extinguishment Order

SECTION 118A HIGHWAYS ACT 1980. Proposed Rail Crossing Extinguishment Order – Footpath Todmorden 108, Laybotham Level Crossing, Walsden, TODMORDEN, West Yorkshire, OL14 6UF Approximate grid reference E: 393719 N:421166 (SE 9371 2116) Nearest postcode: OL14 6UF An application has been received from Network Rail for an order to extinguish part of public footpath Todmorden 108 where it crosses the Todmorden to Rochdale railway line at Laybotham Level Crossing, Walsden, sometimes known as “Deanroyd Foot Crossing”. It is proposed that the whole length of footpath from Rochdale Road to the Rochdale Canal tow path A-B on attached plan. The extinguishment is proposed on the grounds of rail safety. A statement from Network Rail, giving reasons for the proposed extinguishment, is enclosed. Calderdale Council welcomes your comments on this proposal. You may support the proposal or oppose it. If you oppose the proposal we should like to know your reasons and any other ways that you feel safety at the crossing could be improved, or any alternatives to extinguishment, such as diversion, that should be considered. Please note that this notice forms part of the preliminary consultation exercise and that no decision has been made. If you have any observations or comments to make I should be grateful if you would submit them to me within 28 days of the date of this notice. If I have not heard from you by that time I shall assume that on this occasion you have no comments. Please let me know if you require additional time.

ryan.kaye@calderdale.gov.uk Date: 23 October 2018

Strategic Infrastructure Calderdale Council Mulcture House Mulcture Hall Road HALIFAX HX1 1SP

Request for a Rail Crossing Extinguishment Order Laybotham Level Crossing, Walsden (aka Dean Royd Foot Crossing) Public Footpath Todmorden 108 Supporting Information supplied by Network Rail

1. Use currently made of the existing path

Laybotham level crossing is located between Littleborough and Walsden stations. At this location the crossing spans two lines with a maximum permitted speed for trains over the crossing of 70mph.

The level crossing is a public footpath in a cutting, located in Todmorden (OL13 6UF). There are no telephones to aid crossing, but there are warning signs and deck lights for night use.

A census survey was carried out by the Level Crossing Manager between 31st May 2014 and 8th June 2014 there were a total of 79 pedestrians observed using the crossing. During the deployment of the camera there was some evidence of night time usage at the crossing this equated to approximately 2%. As a result of this night time quiet period activity solar deck lights have been installed to the crossing surface and lights fitted to the Stop, Look and Listen signs. Following this, a camera was installed during September 2015 and the results were very similar with approximately usage of 8 or 9 users per day.

The approach to the crossing on the footpath from the A6033 Rochdale Road (the west), leads down approximately 20 stone steps, where the user has to negotiate a metal wicket gate. The path then crosses a small bridge over Walsden Water,

followed by further steps down to the crossing itself. It is proposed on this approach to extinguish the footpath from point A on the attached map.

The approach from the east crosses grassy fields from the Rochdale canal towpath, and again users are faced with a metal wicket gate. After the gate, there is an uneven slope down, and then several steps leading down towards the crossing itself. It is proposed to extinguish the path at point B on the attached map (at the Rochdale Canal towpath).

2. The risk to the public of continuing to use the present crossing, and the circumstances that have given rise to the need to make the proposed order.

At present, in relation to other crossing in the London North Western route, Laybotham footpath crossing is ranked 237th in the risk register. Comparing Laybotham with similar footpath crossings it is ranked 89th out of 368 crossings in the high risk register.

The level crossing is known as a passive crossing as there is no method of warning people using the crossing of approaching trains. The crossing relies upon users actively stopping, looking and listening for approaching trains before deciding if it is safe to cross.

Sighting is the distance that can be seen in both directions for approaching trains.

At this crossing the sighting is shorter than required for the time needed to allow an able bodied person to traverse the crossing.

Sighting from Rochdale Road (west) side of the crossing:

Sightingfrom Rochdale Canal towpath (east) side of the crossing:

The minimum required sighting for Laybotham is 237m is this taken from the bottom of the steps.

Upside looking towards up train approach (This is when stood up side and looking towards Walsden / Todmorden direction)

Actual sighting 117m

Measured to the embankment at the corner. During summer months this is often reduced due to lineside vegetation.

Upside looking towards down train approach (This is when stood up side and looking towards Dean Royd Over Bridge)

Actual sighting 246m

Measured to Dean Royd Over Bridge.

Down side looking towards up train approach (This is when stood down side and looking towards Walsden / Todmorden direction)

Actual sighting 165m

Measured to the embankment at the corner. During summer months this is often reduced due to lineside vegetation.

Down side looking towards down train approach (This is when stood up side and looking towards Dean Royd Over Bridge)

Actual sighting 246m

Measured to the embankment at the corner. During summer months this is often reduced due to lineside vegetation.

Sighting when looking in the up direction towards Smithy Bridge cannot be improved due to Dean Royd over bridge. The whistle boards cannot be relocated because the drivers need to have at least 100m visibility of them before they blow the train horn.

Sighting when looking in the down direction towards Walsden / Todmorden is restricted due to the track curvature at this location. This again, cannot be improved.

During summer months lineside vegetation can also restrict visibility when looking in this direction. The length of the crossing from a safe place on one side of the railway to a safe place on the other side of the crossing is 9.0 metres when crossing from either side. The time required to traverse the crossing as a pedestrian from the up side is 7.57 seconds (at a speed of 1.189m/s). Whistle boards are in place at this location to warn pedestrian users that a train is approaching from both directions. The whistle board for the up direction approaching trains is situated 308 metres from the crossing and gives a warning time of 8.8 seconds. The whistle board for down direction approaching trains is situated at 310 metres and provides a warning of 8.9 seconds.

To note, whistle boards place the onus onto the train driver to sound a warning which can lead to either no warning being sounded or inconsistent warning times (based on whether the train driver sounds the horn on approach to the board, at the board or beyond the board).

Furthermore, since 2008, train horns are not used between the hours of 23:00 hours and 07:00 hours, the night time quiet period (NTQP). This has recently been adjusted; from December 2016 the NTQP is now Midnight until 06:00 hours.

At some level crossings, there is a chance that a second train may pass the crossing within 20 seconds of the first train. At this location, there is a chance this will happen occasionally.

Additionally, the chance that a second approaching train may not be seen until the first train has passed is possible.

On 20th October 2017 a train driver reported a near miss at the location. On approach to the crossing, the driver observed 3 elderly pedestrians crossing the railway, sounded the horn and had to apply the emergency brake. The driver was left shaken and felt unable to continue onwards with his journey.

In addition planned increases in frequency of Northern train services along this route could potentially mean an additional 60 trains per day. The risk assessment is based on data collected at the crossing and entered into the All Level Crossing Risk Management tool (ALCRM). This computer-based application gives a letter and number classification, where A and 1 are the highest, and M and 13 are the lowest. The score for this particular crossing is C5. When this information with regards to the potential increase in trains has been added to ALCRM, an increase in risk by 42% was obtained.

3. The effect of the loss of the crossing on users, in particular whether there are alternative rights of way, the safety of these relative to the existing rail crossing, and the effect on any connecting rights of way and on the network as a whole

The extinguishment of the footpath, would remove approximately 176m from Public Footpath 108. The alternative route would involve users at the south side of the crossing travelling along an existing pavement (Rochdale Road), which leads, via Dean Royd Road, to Dean Royd bridge. From here, the path connects into two already existing routes, one via the canal towpath – footpath, and another through adjacent land. This route is not an excessive alternative, and would remove the railway risk interface completely. The estimated cost for this would be £ 10,000 and would give a safety benefit of 100%.

All landowners that have a private right to use the crossing have been advised of Network rail’s intention to permanently close the crossing and have been assured that their private rights will not be affected. The alternative path is an already established and well used route. As there is a limited number of users of the level crossing Network Rail do not believe there will be any significant effect on the public footpath network.

4. The opportunity for taking alternative action to remedy the problem such as a diversion, bridge or tunnel, or the carrying out of safety improvements to the existing crossing

Network Rail has considered a number of options in order to determine a suitable solution for this crossing. The construction of a pedestrian overbridge has been considered, but it would be too near to the nearby residential properties, and there is insufficient space to accommodate such a structure.

Similarly, the option of an underpass has been considered, but again there is not enough space at the location to accommodate such a structure. In addition, the location is prone to flooding in adverse weather conditions, so an underpass is unsuitable.

The installation of miniature warning lights has also been considered at the crossing, to aide users with their decision to cross. However, investigations by the signalling team have stated that this is not suitable due to the close proximity to the signals in the area. The installation of audible warnings at the crossing to aide users with their decision to cross has also been considered, but it is too near to residential properties, and so has been considered not suitable.

Network Rail also has a legal obligation under the Health and Safety at Work Act 1974 to maintain, and where reasonably practicable, to improve health and safety on the rail network. Level crossings represent one half of the non-suicide, non-trespass facility risk on the railway. Analysis of Network Rail and Department for Transport data shows that if an average walking trip includes a level crossing, the fatality risk to a pedestrian is about double the risk of an average walking trip without a level crossing.

In conclusion, the extinguishment of the footpath, and the consequent diversions for users, are considered to be the most appropriate remedy.

5. The estimated cost of any practicable measures identified under (4) above

Above; taken from the attached Risk Assessment document