FAO Fiona Blundell

Stratford – Wilmcote Neighbourhood Plan

 

Thank you for the opportunity to provide feedback to the proposed policy. 

 

Network Rail is the “not for dividend” owner and operator of Britain’s railway infrastructure, which includes the tracks, signals, tunnels, bridges, viaducts, level crossings and stations – the largest of which we also manage.  All profits made by the company, including from commercial development, are reinvested directly back into the network.

 

Network Rail has the following comments to make.

 

Whilst Network Rail has no objection in principle to the Stratford – Wilmcote Neighbourhood Plan, we are concerned developments within the boundary red line will not require planning permission. Network Rail is a statutory undertaker and as such LPAs consult our Town Planning Teams on a wide variety of proposals that may impact upon Network Rail land and infrastructure. We are consulted about proposals next to, near to, on, under or over the railway as well as schemes for stations, mining and mineral extraction and also proposals that might impact upon Network Rail access points, level crossings etc.

 

Level Crossings

 

The following level crossing is adjacent to the neighbourhood plan area.

 

ELR	Name		Mileage	Chains	Eastings	Northings
HSA	Burton Farm No.2		10	63	417446	257124
HSA	Hardwick No.2		12	39	416763	259661
HSA	Hardwick No.1	Yew Tree Farm	12	23	416710	259344

 

Councils are urged to take the view that level crossings can be impacted in a variety of ways by planning proposals:

(a)     By a proposal being directly next to a level crossing

(b)     By the cumulative effect of developments added over time

(c)     By the type of level crossing involved e.g. where pedestrians only are allowed to use the level crossing, but a proposal involves allowing cyclists to use the route

(d)     By the construction of large developments (commercial and residential) where road access to and from the site includes a level crossing or the level / type of use of a level crossing increases as a result of diverted traffic or of a new highway

(e)     By developments that might impede  pedestrians ability to hear approaching trains at a level crossing, e.g. new airports or new runways / highways / roads

(f)       By proposals that may interfere with pedestrian and vehicle users’ ability to see level crossing warning signs

(g)     By any developments for schools, colleges or nurseries where minors in numbers may be using the level crossing

 

Stratford Council have a statutory responsibility under planning legislation (Schedule 5 (f)(ii) of the Town & Country Planning (Development Management Procedure) Order, 2010) to consult the statutory rail undertaker where a proposal for development is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway. Therefore, as the Wilmcote Neighbourhood Plan Area will be the authority in this case they will still need to consult with Network Rail under Schedule 5.

 

Asset Protection

That any proposal within the neighbourhood area does not impact upon the railway infrastructure / Network Rail land e.g.

·         Drainage works / water features

·         Encroachment onto Network Rail land or our air-space

·         Excavation and earthworks, bunds and embankments

·         Wind turbines / solar farms

·         Siting of structures/buildings less than 2m from the Network Rail boundary / Party Wall Act issues

·         Lighting impacting upon train drivers ability to perceive signals

·         Landscaping that could impact upon overhead lines or Network Rail boundary treatments

·         Any piling works

·         Any scaffolding works

·         Any public open spaces and proposals where minors and young children may be likely to use a site which could result in trespass upon the railway (which we would remind the council is a criminal offence under s55 British Transport Commission Act 1949)

·         Any use of crane or plant

·         Any fencing works / acoustic fencing works and boundary treatments (we would request that any development adjacent to the railway erects a minimum 1.8m high steel palisade trespass proof fence to prevent unauthorised access onto the railway.

·         Any demolition works

·         Any hard standing areas

·         Works adjoining / adjacent or near to or including railway stations, in this case Wilmcote Railway Station

Ø      The council should be made aware that access and egress from Wilmcote Railway Station should not be blocked both during construction works on any proposal and as a permanent arrangement

·         Any works over or adjacent to a tunnel (which does fall within the plan area)

We would very strongly recommend that the Stratford – Wilmcote Neighbourhood Plan authority / group are made aware that any proposal within 10m of the operational railway boundary will also require review and approval by the Network Rail Asset Protection Team, and such schemes should be accompanied by a risk assessment and a method statement. No works should commence on site without the approval of the Network Rail Asset Protection Engineer. Network Rail is required to recover any expenses incurred in facilitating third party proposals, a BAPA may be required for the works on site.

 

We would request that the Stratford – Wilmcote Neighbourhood Plan authority / group authority / group when submitting proposals for a development contact Network Rail’s Town Planning Team and include a location plan and a description of the works taking place for review and comment.

 

All initial proposals and plans should be flagged up to the Network Rail Town Planning Team London North Western Route at the following address:

 

Town Planning Team LNW

Network Rail

1^st Floor

Square One

4 Travis Street

Manchester

M1 2NY

 

Email: TownPlanningLNW@networkrail.co.uk