Through the proposed order, Network Rail sought the power to close or downgrade 24 level crossings in the County of Suffolk. 

Suffolk County Council maintained objections to 8 of the crossings, on the basis that the alternative routes being proposed by Network Rail were not acceptable and did not provide suitable and convenient alternative routes for existing users.  West Suffolk Council also maintained objections to 2 of these crossings.  

In relation to all of these 8 crossings, the Inspector found that the requirements of section 5(6) of the TWA 1992 had not been met, such that the alternative route being provided by Network Rail was not a “convenient and suitable replacement for existing users”.  The Secretary of State decided to remove from the order all 8 of the crossings Suffolk County Council and West Suffolk Council objected to.

Notably, in addition to his findings on the section 5(6) test in relation to these crossings, the Inspector also concluded that for 4 of them (including the two objected to by both Suffolk County Council and West Suffolk Council) there would not be a compelling case in the public interest to justify interfering with the human rights of those with an interest in the land affected or closure of the crossing.

Merrow Golden represented both Suffolk County Council and West Suffolk Council at the Inquiry.

The Secretary of State’s decision letter and the Inspector’s report can both be found here.

View related news item on Network Rail's Cambridgeshire Level Crossing Reduction Order.

Please note, Francis Taylor Building expects to provide a webinar briefing on the outcome of the three Network Rail Level Crossing Reduction TWAOs, once all of the decisions have been published. If you would like to be notified of the details for this in due course, please e-mail Deirdre Mahon at deirdre.mahon@ftbchambers.co.uk.