Following Guto’s recent meeting with Conwy Borough Council’s ERF department they have provided Guto with an update that we have reproduced in full below.
Guto strongly endorses the council’s intentions, as per the last paragraph their response and has asked to be copied into all correspondence between Conwy Borough Council and Network Rail He also considers that CBC should only be satisfied if Network Rail’s proposals for opening and ensuring safety include a commitment to a clear time line for implementation of all necessary measures with all works completed before the 6 month TTRO expires.
Further to our meeting of 19th July, I write to outline the next steps with regards to the Definitive Map Modification Order (DMMO) for the Deganwy Crossing. As we discussed, the Planning Inspectorate confirmed the DMMO on 18th July. The order came into effect on that date and the crossing is now a Public Right of Way.
The Council as the Order Making Authority (OMA) has issued a notice of confirmation of the Order to the landowner, Network Rail. Copies of the notice will also be issued to the applicants, published in a local newspaper and placed on site. The landowner has six weeks to challenge the order, with any appeal being to the High Court, not to the OMA.
As the crossing is now a Public Right of Way, but cannot immediately be safely navigated by the public, the Council has today issued a Temporary Traffic Regulation Notice effective for 21 days. Network Rail have indicated that during this period they will be submitting a formal application for a Temporary Traffic Regulation Order (TTRO) to close the crossing, which if approved would be effective for up to 6 months.
It should be noted that the decision of the planning inspectorate to confirm the order is confirmation that a public right exists along the route. The decision to make and confirm the order does not take into account issues of safety, suitability, desirability or security. Network Rail submitted evidence at the Public Inquiry that the crossing presents a risk to public safety, and it is likely that they will present similar evidence in support of the TTRO application.
The Council has a duty to ensure that Public Rights of Way are safe to use and will consider the TTRO application under that remit. We will be informing Network Rail, however, that we expect to receive as part of the application for a temporary closure, their proposals for opening and ensuring safety of the public using what has now been confirmed as a Public Right of Way.