A long-running dispute over the proposed permanent closure of a level crossing in Grange is set to continue after councillors voted against officer’s recommendations to send the order to the government for their consideration.

Members of South Lakeland local area planning committee voted to abandon an order to close the public footpath that passes over the railway at Bailey Lane for good, meaning Westmorland and Furness Council will not send the order to the Secretary of State for confirmation.

Network Rail can apply directly to the Secretary of State to permanently close the level-crossing and an inspector would then determine the matter following a public inquiry, public hearing or after a period of written representations.

Councillor Judy Filmore (Ulverston, Green Party), stated the decision was “finely balanced” but after considering all the information submitted said: “I am not satisfied the order should be pursued and the order should be therefore  abandoned.”

“Whatever decision we decide as a committee it will need to go to the Secretary of State and I personally as a committee member and a councillor don’t want us as an authority to have to pay £45,000 again to go to a public inquiry.

“I’d rather we abandoned the order which means Network Rail would have the choice to go to the Secretary of State” Cllr Filmore added.

In response, solicitor Ian Blinkho stated: “I am not convinced the financial considerations are of material to the decision under consideration today.”

In 2017 Cumbria County Council initially placed a temporary traffic regulation order at the request of Network Rail on Bailey Lane Level Crossing, after Network Rail physically closed the crossing because of a near miss incident. The closure has been extended a number of times but will expire on April 6 2025.

Network Rail then applied to divert the footpath that goes over the level crossing, and this was approved by Cumbria County Council in 2019 but due to objections the order was sent to the Secretary of State.

A public inquiry was held, and the inspector concluded in September 2022 that the order should not be implemented due to doubts over Network Rail’s data supporting their case. The inspector also recommended some changes to improve safety.

A representative from Network Rail, Vicki Bentley, told the committee that the company tested the inspector’s recommendations and found the “risk reduction would not be enough to protect the public” so Network Rail had “no option” but to make a new application to extinguish the public crossing.

The report prepared for the committee meeting states: “Network Rail believes the crossing should be closed because it cannot be made safe having regard to its high usage, the high levels of vulnerable users and high levels of misuse, which Network Rail believes will inevitably lead to a fatality.

“Network Rail wishes to close this pedestrian railway crossing because it believes it is a danger to the public and there is a safer alternative via the nearby underpass.”

A £1.5 million purpose-built underpass was constructed in 2005 under the Furness Rail Line by Network Rail which is located 200m away from the level crossing.

According to the report prepared for the committee 13 individuals and organisations have submitted objections to the council over the order.

One objecting organisation, The Ramblers Association state the closure of the level-crossing is a “loss of amenity” as “closure of the crossing will reduce from four to three the number of places to get to the popular parts of the promenade from the rest of the town.”

Councillors voted four to two in favour of the abandonment of the order at Kendal Town Hall on Thursday (November 2).