Case study

Route Assessment, Highways Statement & Safety Risk Review

When development requires the closure or diversion of a public footpath, it introduces a complex set of planning, legal and safety considerations. For developers, landowners and housebuilders, securing approval from the Local Authority depends on presenting robust evidence, demonstrating that pedestrian impacts have been fully assessed, and ensuring any alternative routes are safe, accessible and compliant with highways legislation.

Mayer Brown was recently instructed by a private client to provide expert transport planning and highway engineering support for a proposed public footpath closure. Our role was to deliver a clear, evidence-led assessment and prepare the documentation needed to support a successful application.

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Transport Planning
Infrastructure Design
Environmental Assessment

Details

Comprehensive Assessment of the Existing and Proposed Footpath Routes

Our first step was to carry out a detailed site-based assessment of the existing public right of way. This included reviewing:

The route and characteristics of the current footpath.
Connectivity with the adopted highway network
Existing usage levels and likely pedestrian desire lines
Potential alternative routes

This initial assessment enabled Mayer Brown to determine the likely impact on users of the public footpath, to suggest alternative routes and, where necessary, highway improvements to mitigate any inconvenience or identified safety issues.

Preparation of a Highways Statement to Support the Application

Following the site assessment, the client requested that we prepare a formal Highways Statement to accompany the submission to the Local Authority. This document provided a structured, technical justification for the proposals, setting out:

The current route of the public footpath and its context in the local network
The proposed alternative route(s)
Evidence gathered on pedestrian movements
Accessibility impacts on all users, including vulnerable and mobility impaired pedestrians
Identification of potential hazards along the proposed alternative route(s)
Detailed assessment of visibility, conflicts with vehicles, and crossing points along the proposed alternative route(s)
Consideration of surfacing, lighting, gradients, and other surface features along the proposed alternative route(s)
Mitigation measures to improve the proposed alternative route(s) for use by those affected by the closure of the existing public footpath

By providing a clear, well-evidenced narrative, the Highways Statement strengthened the client’s case and ensured statutory consultees had full visibility of all relevant transport and safety issues.

Safety Risk Assessment

To further support the proposals, Mayer Brown’s Safety Specialists carried out Safety Risk Assessment (SRA) of the proposed alternative route(s) and any potential mitigation measures:

The SRA covered evaluation of the proposed alternative route(s):

in their current condition, and
following implementation of mitigation measures identified in the Highways Statement

Using an assessment matrix that considers “likelihood of” versus “severity of” incident, the Risk Assessment quantifies the risk to users of the proposed route(s) before and after an increase in pedestrian movements and implementation of mitigation measures and allows the client to refine their proposals before consultation with the Highways Authority responsible for the maintenance and safety of the proposed alternative route(s).

Outcome

Through early engagement and a structured evidence-led approach, Mayer Brown delivered a complete package of support, from feasibility stage through review and ultimately, to selection of proposals. The client was able to progress with their proposals with confidence, knowing that the legal, technical, and safety considerations surrounding the footpath closure had been fully considered.

This case demonstrates the value of specialist highways input at an early stage in the development process, particularly where public access and safety considerations are integral to the success of the project.