Sunset tripper wrote:No one has come out and said using this crossing is illegal. Not the landowner, not the BTP and I'm not sure if Network Rail have actually said that. If they have it would be interesting to hear their explanation as to why people have been allowed to use it for decades.
What they have said is that it's a private level crossing for authorised users only. Which,
if they are correct, means that they don't need to close it to the public, because it was never open to us, and anyone using it without authorisation was trespass on the railway. Initially, the offence would likely be against Section 23 of the Regulation of the Railways Act 1868, and attract a fine of up to £200. There should be a notice at the crossing (and certainly will be at the station) to this effect.
They may very well be wrong on that front. The fact that there's an ancient right of way supports that view. So does the fact that the British Transport Police do not consider public use of foot crossings to be trespass. And the fact that the crossing has been used for a very long time (certainly well over 20 years) by right by the public may well make it a right of way in itself.
I do not think they were right to lock the crossing gate, particularly without consultation. But I understand why they have done it, and why they believe they have the authority to do it.