Questions for Network Rail over controversial gates at Dalwhinnie crossing
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Network Rail, which has controversially block access at the Ben Alder level -crossing in Dalwhinnie, has been asked some telling questions by a prestigious rights-of-way group.
ScotWays, founded in 1845 as the Scottish Rights of Way and Access Society, is the independent charity which upholds and promotes public access rights in Scotland.
It is widely recognised as experts in the law and practice of access and advises on access problems, provides information and training and maintains a vast database about routes in Scotland.
Its recognisable green and white signs are featured on routes across the country.
Earlier this week the organisation contacted Network Rail, pointing out the recorded public right of way – HB78 – over the level-crossing and presuming that “these new gates will help suitably facilitate non-motorised public access safely across the railway, and thus will not be locked”.
Network Rail is planning on installing more secure gates and fencing at the level-crossing after claiming there have been around 1000 cases of “trespassing” at the crossing in the past year.
But ScotWay’s senior access officer Eleisha Fahy disputed that, responding: “We have, however, heard of unfortunate trespass incidents as a result of folk unsafely resorting to crossing the railway at other points nearby, as a result of the presence of Network Rail’s locks on the level -crossing gates preventing them from using the public right of way.
“ScotWays notes Network Rail’s assessment that this is permitted development, but that the Highland Council has been informed.
“However, if this work obstructs – temporarily
or permanently – the public right of way, then Network Rail needs to
formally request permission from the council using an appropriate order process.
“Please confirm whether this has been done.
“We look forward to hearing more detail about exactly how Network Rail intends to improve safety at Dalwhinnie’s Ben Alder level crossing.”
Network Rail responded to the issues raised by the campaigners.
A spokesperson for the company told the Strathy: “We understand the closure of the crossing to the public has been deeply unpopular.
“But it was a safety-critical decision taken to help control the operational risks at a private level crossing.
“The installation of this new fencing is also being driven by the need to manage safety at the crossing.
“We have carefully considered the various points made by different stakeholders on this issue and remain of the view that the public do not have rights over the crossing.”
Local campaigners were meeting transport minister Jenny Gilruth this week to discuss the row.
Dalwhinnie Community Council chairwoman Jen Dickinson reiterated that all those who opposed Network Rail’s proposals had not budged on the issue.
“No works have started at the fence or gates yet.
“The estate has been informed there is not yet a confirmed start date.
“That may possibly be because of our planned meeting with Jenny Gilruth.”
