Evie Wright

Dear Ms Volsin Regulation _28 Report Corondale Crossing Weston Super Mare Thank you for providing Persimmon Homes Ltd (Persimmon), a copy of your report dated 15th February 2019 (Ref:10027)_ You have considered the obligation to construct a footbridge over the railway Iine which was part of planning agreement dated 23r March 1999, to which the British Railways Board (now Network Rail); Woodspring District Council, the County Council of Avon (now North Somerset District Council) and three other developers known as Locking Castle Llmlted (since acquired by Persimmon) were parties: Whilst the developers submitted an approved application to fulfil this obligation, any construction commencement was prevented by British Rallways Board's disposal of the land to Drawdale Ltd on which part the footbridge was to be constructed. Drawdale Ltd then proceeded to refuse to grant rights to develop the footbridge without a ransom payment; No party had the ability to force Drawdale Ltd to grant said rights frustrating the ability to proceed: Your finding in your report; final section paragraph 5; that network rail supports the closure ofany crossing; but has no power Or responsibility_ Is respectfully not fully accurate: Network Rail is intrinsic and responsible with North Somerset District Council to ensure that an acceptable solution can be found to prevent any future deaths as applicable landowners and the only relevant parties capable of carrying out the actual construction over an active railway line: "tllJOr !antes Sawetn Valley Iading duisicu Pset sinuuIVI Huines itiler} Kegislerest Ollics: Persimunon HaJse, Fullord. York YO19 4FE Rezistered is Eslgiard No. 4108747 A subssliary o Persimon plc Way along the

Since receiving Your report; Persimmon has attended two meetings on the 26th March and the 3rd April wlth North Somerset District Council which have been productive; We understand that North Somerset are now seeking to arrange a further meeting with Network Rail before the 30th which Persimmon have agreed to attend to explore an acceptable resolution which includes significant financial contribution to North Somerset District Council Network Rail in order for the construction to take place,

Dear Ms Voisin Regulation 28 report: Corondale Crossing, Weston-super-Mare Thank you for sending us your report dated 21 February requesting details of the action Persimmon Homes and ourselves propose to take to prevent future deaths. We will arrange to meet with Persimmon Homes to explore the issues in detail but I can confirm that I have already met with their regional Managing Director, , and Technical Director, , on 26 March to discuss how to progress a response as a maffer of urgency. We are also firmly of the view that Network Rail has an essential role to play in resolving this issue and will seek its engagement in delivering a solution, and hope you agree. I note the importance attached by Network Rail on its website to closing such crossings and its statement that it has delivered closure of 1100 level crossings between 2009 and 2017. I trust that Network Rail will work positively with us on this particular crossing and am pleased that you have sent a copy of your report to Network Rail. In this respect, the first action to prevent future deaths will be for us to consider with Network Rail what further measures can be put in place to improve the safety of the crossing. We will also ask Network Rail to review its risk assessments to determine whether improvements, alterations or other mechanisms can be introduced In terms of other actions, you will be aware from the inquest of the problems that have prevented the bridge being built in the past. These include disposal of land required for construction of the bridge by the British Rail Property Board; the subsequent bankruptcy of the acquiring company before the land was registered; changes made to rail infrastructure company structures and associated staffing changes; changes to the structural standards Clear leadership, quality services, affordable council tax ( )

INVESTORINI’EOPLE Town Hall, ‘Neston-super-Mare BS23 1UJ SA’

for such bridges required by Network Rail; and the need to establish future responsibility for liabilities for repair, maintenance and claims relating to the bridge. You will also be aware of the challenges that we face in going forward. These include meeting Network Rail’s updated design requirements and standards; ensuring future liabilities for repair, maintenance and claims relating to the bridge and its use are appropriately addressed; the need to establish whether a bridge to current design standards can be sited in the previously approved location or whether alternative sites need to be considered; the need to pursue the submission of a fresh planning application by the appropriate body for a new bridge; acquisition of the land on which a bridge would be sited; securing the funding for a new bridge from the appropriate body; and recognition that closure of either of the public rights of way at Wells and Corondale crossings must follow a separate statutory process and is likely to require current users to divert to less convenient routes. Whilst I fully understand why much focus has been placed on the absence of a bridge, we feel it is important to emphasise that building the bridge in the previously approved location would not necessarily have led to the closure of the Corondale Crossing. As you will be aware, the bridge which received planning permission was some distance from the crossing. Building a bridge in an alternative location may also not necessarily lead to the closure of the crossing given the separate statutory process which must be followed. I therefore believe it is essential that Network Rail is requested to review the safety arrangements at the existing crossing and this is the first action we will take. Recognising that the Council does not have the authority or power to build the bridge itself, we will therefore take the following actions:
• By 30 1h April we will seek Network Rail’s comments on what further measures can be put in place to improve the safety of the crossing and request Network Rail reviews its risk assessments to determine whether improvements, alterations or other mechanisms can be introduced.
• By 30 th April we will meet with Persimmon Homes in connection with their obligations to construct the bridge under the section 52 agreement
• By 30 th May we will meet with Network Rail to seek agreement to funding from Network Rail towards construction of a bridge and commitment in the meantime to make any identified improvements to the safety of the existing crossing;
• By 30 th May we will seek Network Rail’s confirmation of the appropriate current design requirements for the bridge and convey those standards to Persimmon Homes (and/or whichever body it is agreed will submit a fresh planning application to current standards);
• By 3O July, we will seek agreement with Network Rail and Persimmon Homes to a draft project plan identifying the steps to be taken to deliver a new bridge.
• Within 13 weeks of its submission we will use our best endeavours to determine any planning application submitted to the Council for a new bridge and will provide advice prior to any application being submitted to identify any issues which may arise.
• If and when planning permission for a bridge is granted, we will request Network Rail to use its Compulsory Purchase Powers to acquire land needed to construct the bridge.
• After the bridge is constructed, and subject to the appropriate statutory process, we will use the appropriate powers to seek to divert the Public Right of Way from the Corondale crossing to the new bridge.

I hope this letter makes clear the action the Council proposes to take in response to your findings. Yoirs sincerely J0 Walker Chief Executive This letter can be made available in large print, audio, easy read and other formats. Documents on our website can also be emailed to you as plain text files. Help is also available for people who require council information in languages other than English. For more information contact the sender of this letter. The content of this communication is meant for disclosure to the intended recipient(s) only. If you have received this in error, please notify the sender and destroy the communication without copying it or forwarding it. You should be aware that all communications received and sent by this council are subject to the Freedom of Information Act 2000