More than 1000 cases of 'trespassing' at controversial Ben Alder rail crossing
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Network Rail is being accused of being 'devious and underhand' in planning to now fence off the Ben Alder level crossing at Dalwhinnie.
Notice of the latest move in the long-running battle with the community and outdoor groups was given in an email just three days before Christmas Day.
Network Rail plans to instal the new fencing and gates at the railway level crossing in the New Year.
The rail network operator contends there had been a 'high number' of trespassers on the crossing since its controversial closure in July, last year.
The Strathy understands the figure is in the region of 1000 incidents.
Prior to the gates of the level-crossing being locked without any consultation, the public was free to come and go over the crossing connecting two long-standing core path.
There has never been a reported safety issue involving a user at the crossing in the preceding decades.
A Network Rail spokesman stated in the correspondence: "We have legal and regulatory obligations to keep the railway safe and therefore need to upgrade the fencing and gates to prevent further occurrences.
"Trespassing on the railway is incredibly dangerous and people are risking their lives, and sometimes the lives of children, by crossing the railway improperly.
"At this location, a train can arrive at the crossing just 1.5 seconds after it is first seen by a pedestrian.
"Network Rail’s absolute priority is safety. We will do everything we can to reduce risks on the railway and prevent deaths on the tracks."
Work is set to begin on a 1.8m high weldmesh fence and Highland Council have been informed as the planning authority that the project will be carried out as 'permitted development'.
The spokesman said: "We will write to local residents to let them know in advance once the programme of work is finalised so that we can provide further detail about any expected disruption."
Dalwhinnie Community Council has been joined by others including Ramblers Scotland and the Cairngorms National Park Authority in condemning Network Rail's actions.
Watchdog chairwoman Jen Dickinson told the Strathy: "A letter should be sent to each household prior to this work and they should have contacted us, at least, prior to padlocking the gates in July 21 – but they didn’t."
Residents and village businesses have been frustrated by Network Rail's refusal to engage fully with the community to find a solution.
Ms Dickinson said: "But after the previous meetings we're not surprised by their underhand behaviour at this time of year.
"They know we are volunteers and the timing is clearly meant to allow little or no time for reaction. It's just their style.
"This behaviour is obviously to ensure the community and/or stakeholders have limited time to react, directly before going into a meeting called by (Scottish Transport Minister) Jenny Gilruth MSP to bring Network Rail to the table once again on January 18.
"The timing of this action is devious and underhand and exactly what we expect from them."
Ms Dickinson added: "For many years people have safely used the Ben Alder Crossing despite the lack of working gates or in fact any gates at times when they were hanging off due to weather damage.
"Trespass is now only happening because they padlocked the gates shut on a busy and well-used ancient drovers route and long distance trail into and from the mountains."
Newtonmore-based access campaigner Dave Morris pointed out: "This crossing has only ever had one significant incident at it and that was April 2021 when their test train derailed at 3am.
"It is only by pure chance it changed drivers at Dalwhinnie and therefore the train was not going at full speed at the time otherwise this could have been catastrophic for residents on Ben Alder Road."
Badenoch MSP Kate Forbes (SNP) has lent her voice to the campaign.
She said: “If Network Rail had properly consulted and engaged with the local community about the crossing in the first place, there is no doubt this situation would not be so difficult to resolve.
“Given Network Rail’s track record on failing to consult with and listening to local concerns, it is difficult to perceive this announcement as anything other than sneaking out bad news a few days before Christmas in the hope nobody was paying attention.
“Network Rail appears to be digging a deeper hole for themselves – particularly when questions continue to linger about the public right of way.
“I have written to the Transport Minister to further raise my concerns about the situation, particularly Network Rail’s handling of the matter and their complete inability to offer any sort of positive resolution for the Dalwhinnie community as well as the many visitors who had previously used the crossing.
“This issue is not going away. Network Rail must come to the table with workable solutions.”
'Nothing untoward in timing of announcement'
The Strathy understands the work is set to start on January 16.
A Network Rail spokesperson said: “Our plans to upgrade the fencing at Ben Alder crossing were shared with local residents and wider stakeholders as soon as they were finalised.
“We have recorded a high number of trespass incidents on the level crossing since its closure in July 2021 and need to upgrade the fencing and gates.
“The timing of this work is being driven purely by our need to prioritise safety on the railway, reduce risks and prevent potential serious incidents occurring on the tracks.”
Network Rail’s board of directors are accountable to the UK’s secretary of state for transport who is Mark Harper – and not to the Scottish Government.
