Testun llawn:
FAO Development Policy Manager
Warwick - Stoneleigh and Ashow Neighbourhood Plan Area
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.
With regards to the proposal Network Rail has the following comments to make, which are from a desktop study of the document only.
The Neighbourhood Area Plan includes section of the railway line (our ref from LSC2 6m, 1030yds to LSC2 4m, 1036yds).
The line is the Leamington Spa to Coventry line and the plan either runs adjacent to the railway line or includes the railway line within its boundaries.
We are concerned that the Stoneleigh and Ashow Neighbourhood Plan Area may result in proposals being undertaken near to or next to the operational railway / Network Rail land which may impact upon its safety and operation as we will not have had the opportunity (as via the current planning application notification process) to review and pass comments on vital asset protection measures to the council and developer / applicant.
There is a level crossing at Eastings 430568 / Northings 274082 (our ref LSC2 5m, 25ch) called Milburn Grange Level Crossing. Whilst planning permission may not be necessary within the neighbourhood plan area, the developers / parish council will still need to fulfil their statutory duty under planning legislation under 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.
Councils (and now neighbourhood areas) are urged to take the view that level crossings can be impacted in a variety of ways by planning proposals:
* By a proposal being directly next to a level crossing
* By the cumulative effect of developments added over time in the vicinity of a level crossing
* 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
* 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
* By developments that might impede pedestrians ability to hear approaching trains at a level crossing, e.g. new airports or new runways / highways / roads
* By proposals that may interfere with pedestrian and vehicle users' ability to see level crossing warning signs
* By any developments for schools, colleges or nurseries where minors in numbers may be using the level crossing
* By any proposal that may cause blocking back across the level crossing
* By any proposal which may see a level crossing impacted by the introduction of cycling or walking routes
http://www.networkrail.co.uk/level-crossings/
http://www.networkrail.co.uk/level-crossings/types-of-level-crossing/
We include above a weblink to the Network Rail website section dealing with level crossings. This not only includes general information on level crossings but also covers the various different types of level crossings - as all too often level crossings are frequently seen as having full barriers, warning lights, clearly marked approach road and an adjoining signal box - whereas this is not always the case.
It should be noted that:
(1) Proposals affecting level crossings will require consultation with Network Rail and approval of plans
(2) Developers via S106 or CIL contributions provide funding for any enhancements and mitigation measures required by Network Rail to ensure the safety, operation, performance and integrity of the railway are not impacted by developments. In the first instance Network Rail would seek closure of a level crossing, and replacement with a suitable bridge, or diversionary route. Where this is not possible the developer of the proposal will be liable for funding the necessary mitigation measures to make developer's schemes acceptable in light of (Schedule 5 (f)(ii) of the Town & Country Planning (Development Management Procedure) Order, 2010).
(3) Developments impacting level crossings will not proceed until full consultation and approval is obtained from Network Rail.
(4) Network Rail requests that we are consulted at the pre-application stage by developers and the parish council to determine the impact upon our level crossing of proposals and that agreement is reached as to mitigation measures, including S106 / CIL funding, prior to planning permission being sort.
(5) Proposals should be accompanied by a Transport Assessment or Traffic Impact Assessment that includes taking specific note of level crossings in the Allerdale Council area, in consultation the Network Rail Level Crossings Team for input into the compilation of the Transport or Traffic Assessment prior to submission as part of the planning application.
Network Rail would also request that the Stoneleigh and Ashow Neighbourhood Plan Area authority / group should contact Network Rail for any proposals within the area to ensure that:
(a) Access points are not impacted
(b) That any proposal does not impact upon the railway infrastructure / Network Rail land e.g.
* Drainage works / water features
* Encroachment of land or air-space
* Excavation and earthworks
* Wind turbines
* 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
* Any demolition works
* Any hard standing areas
* Works adjoining / adjacent or near to railway stations
We would very strongly recommend that the Armitage with Handsacre Neighbourhood Area Designation 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 works on site.
We would request that the Armitage with Handsacre Neighbourhood Area Designation 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
1st Floor
Square One
4 Travis Street
Manchester
M1 2NY