The Regulation Committee Member Panel of Kent County Council was scheduled to discuss an application to divert public footpaths AU22 and AU17 at Kennington in the Borough of Ashford. The meeting's agenda also included declarations of interest.

Application to Divert Public Footpaths AU22 and AU17 at Kennington

The primary focus of the meeting was the application to divert parts of Public Footpaths AU22 and AU17, which currently cross the railway line at grade at Kennington. The report pack indicated a recommendation would be made to inform the applicant that an Order to divert these footpaths would be made on the grounds of public safety.

The report detailed that the existing at-grade crossings, known as Cradle Bridge (AU22) and Bolleaux (AU17), were identified as posing a high to medium risk. This risk was projected to increase significantly due to planned residential developments in the area, which would lead to greater use of the crossings.

A key point of contention was the proposed diversion of part of Public Footpath AU22 over a stepped bridge. Concerns were raised regarding the sufficiency of information on the costs associated with providing a stepped or ramped bridge, leading to an adjournment of a previous meeting to obtain clear costings. Network Rail has since provided a financial breakdown of costs for different bridge types.

The report highlighted that while a ramped bridge would be preferable for accessibility, it was not considered feasible due to funding limitations. The proposed solution involves diverting Public Footpath AU22 over a stepped Flow Bridge and diverting Public Footpath AU17 to link with the new bridge approach.

The report also addressed the legal tests required for diverting public rights of way that cross railways, as outlined in Section 119A of the Highways Act 1980. The primary consideration is the safety of users. Additionally, guidance from Rights of Way Circular (1/09) was considered, which includes factors such as the convenience of the new route, its effect on the land, the impact on the wider rights of way network, and the safety of the diversion itself.

Concerns were raised by consultees, including Kennington Community Council and members of the public, regarding the accessibility of a stepped bridge, particularly for wheelchair users and those with pushchairs. These concerns were weighed against the safety benefits of removing the at-grade crossings. The report noted that while the existing crossings also presented accessibility challenges, the aim was to improve the situation where possible. The Public Rights of Way and Access Service conducted Equality Impact Assessments (EqIAs) to consider the implications for individuals with protected characteristics.

The report also referenced the Countryside Access Improvement Plan and relevant legislation, including the Equality Act 2010, which places a public sector equality duty on the council. The potential impact on biodiversity and the natural environment was also considered, although the land in question does not form part of the Kent Downs National Landscape.

The recommendation was to inform the applicant that an Order to divert the footpaths would be made, prioritising public safety due to the increased risk at the railway crossings.