Agenda and draft minutes

Apologies had been received from Mr Mole. There were no substitutes.

There were no declarations of interest.

Mr Colin Sefton declared, for the avoidance of any doubt, that he was attending the meeting and speaking on behalf of Kent Ramblers, and not in his capacity as a KCC Member.

Mr Chris Morley (Kennington Community Council), Mr Mark Saunders (Quinn Estates), Mr Simon Cole (Assistant Director of Planning and Development at Ashford Borough Council), Mr Nathan Whitington (Network Rail), and Mr Colin Sefton (Kent Ramblers) were in attendance.

1.         The Members of the Panel visited the site of the proposed diversions prior to the meeting. The site visit was also attended by Mr Brian Collins (Local Member). Mr Chris Morley and Mr Alan Cooper (Kennington Community Council), Mr Colin Sefton (Kent Ramblers), Mr Nathan Whitington (Network Rail), Mr Graham Rusling (Head of Public Rights of Way and Access Service), Ms Maria McLauchlan (Definitive Map Officer) and Ms Hayley Savage (Democratic Services Officer). The Panel Members crossed the railway line foot crossing known as Cradle Bridge (AU22) and inspected the surrounding area. They were able to view the locality of the foot crossing known as Bolleaux (AU17) along with the proposed public footpath diversion. The purpose of the site visit was to familiarise Panel Members with the route and facts relating to the application.

2.         Ms Maria McLauchlan (Definitive Map Officer) introduced the report which set out the applications the Council had received from Network Rail to divert parts of Public Footpaths AU22 and AU17 where they pass over the at grade rail crossings known as Cradle Bridge (AU22) and Bolleaux (AU17) at Kennington. The applications had been made by Network Rail in the interests of safety of members of the public and a risk assessment had most recently been carried out by Network Rail in 2022. Ms McLauchlan explained that the proposed residential development which comprised approximately 750 dwellings to the west and 300 to the east of the railway would significantly increase pedestrian demand across the line, thereby heightening the safety risks associated with the existing crossings.

3.         Ms McLauchlan provided a summary of the consultation responses received, as detailed in the report. Overall, there was general agreement within the responses that increased usage of the crossings would present significant safety concerns, however, some respondents objected to the proposed stepped bridge as it would not be accessible for all members of the public.

4.         As set out in the report, Ms McLauchlan explained the criteria of Section 119A of the Highways Act 1980 that must be considered when dealing with an application to divert a public right of way. The primary legal test was safety. All  respondents to the consultation agreed the existing crossings would become unsafe as a result of the increased use expected due to the planned development.

5.         The second legal test involved ensuring barriers and signs were erected and maintained. All crossings present similar risks, and full closure via extinguishment was not viable as both footpaths provide connectivity between Ashford and Wye, leading to the Kent Downs National Landscape (formerly Area of Outstanding Natural Beauty). Train warning systems like miniature stoplights were considered but dismissed due to inefficiency and cost. A footbridge on AU22 was deemed the best option, and constructing a new footbridge at  ...  view the full minutes text for item 3.

There were no urgent items.