Local Development Framework Consultation

South Lakeland - Development Management Policies DPD

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

Network Rail is the public 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.

Our comments are as follows.

(1) Developer Contributions
It is noted that the Policy Theme – Sustainable Travel and Access (pg.17) states, “Ensure the infrastructure and services of the district’s railway lines continue to be improved (including at stations, such as signage and car and cycle parking).”
Where growth areas or significant housing allocations are identified close to existing rail infrastructure it is essential that the potential impacts of this are assessed. Many stations and routes are already operating close to capacity and a significant increase in patronage may create the need for upgrades to the existing infrastructure including improved signalling, passing loops, car parking, improved access arrangements or platform extensions. As Network Rail is publicly funded it would not be reasonable to require Network Rail to fund rail improvements necessitated by third party commercial development. It is therefore appropriate to require developer contributions or CIL contributions to fund such railway improvements; it would also be appropriate to require contributions towards rail infrastructure where they are directly required as a result of the proposed development and where the acceptability of the development depends on access to the rail network.

The National Planning Policy Framework states that councils should, “work with…transport providers to develop strategies for the provision of viable infrastructure necessary to support sustainable development…or transport investment necessary to support strategies for the growth of …other major generators of travel demand in their areas.” Also, “encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion. In preparing Local Plan, local planning authorities should therefore support a pattern of development which, where reasonable to do so, facilitates the use of sustainable modes of transport.”

The likely impact and level of improvements required will be specific to each station and each development meaning standard charges and formulae may not be appropriate. Therefore in order to fully assess the potential impacts, and the level of developer contribution required, it is essential that where a Transport Assessment is submitted in support of a planning application that this quantifies in detail the likely impacts on the rail network.

To ensure that developer contributions can deliver appropriate improvements to the rail network we would recommend that the South Lakeland - Development Management Policies DPD include provisions for rail. The policy should include the following:

A requirement for developer contributions to deliver improvements to the rail network, including any development that occurs as a consequence of the South Lakeland - Development Management Policies DPD.
• A requirement for Transport Assessments to take cognisance of impacts to existing rail infrastructure to allow any necessary developer contributions towards rail to be calculated.
• A commitment to consult Network Rail where development may impact on the rail network and may require rail infrastructure improvements. In order to be reasonable these improvements would be restricted to a local level and would be necessary to make the development acceptable. We would not seek contributions towards major enhancement projects which are already programmed as part of Network Rail’s remit.

Improvements to rail transport contribute to the public good and railway developments should not be expected to support other public projects. Our infrastructure projects and station developments and improvements support regeneration, increase the attractiveness of settlements and benefit communities.

LPAs are encouraged to consider contributions towards enhancements at railway stations in the same manner as highways improvements or local facility enhancements as a result of increased residences in an area. LPAs should give consideration to the need to seek contributions towards station enhancements as part of negotiations with developers prior to a planning application submission.

(2) Level Crossings
Network Rail would draw the council’s attention to the following (which applies to England only):
Town & Country Planning (GPD) England Order 2015
Procedure for applications for prior approval under Part 3
(5) Where the application relates to prior approval as to transport and highways impacts of the development, on receipt of the application, where in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—….
(c) the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.
Procedure for applications for prior approval under Class E
(5) On receipt of the application, where in the opinion of the local planning authority the
development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—
(c) the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.

Councils 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 (including small 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

Where proposals impact the type or volume of user at a level crossing, Network Rail would seek to liaise with developers, the LPA, Highways and Public Rights of Way to mitigate the impacts of third party proposals. Therefore we would wish to see in the DPD a policy specifically related to level crossings.
Network Rail would wish to have included within the DPD a policy along the following comment lines:

1. Following monitoring of a level crossing we will notify the council of our concerns should the proposal or the impact from cumulative proposals in the area result in a material increase in the type and / or volume of users at this crossing.
2. An increase in type and / or volume of users may result in an increase in risk, in which case Network Rail will be required to undertake an assessment of how best to mitigate this risk.
3. In the event that mitigation measures are required. Network Rail would seek the support of the Local Planning Authority, together with that of Highways and Public Rights of Way to progress any necessary mitigation measures to ensure that the risk at any level crossing is either reduced or eliminated. This may be by, but not limited to undertaking the following actions:
a. Closure of the level crossing and replacement of the level crossing by a suitable bridge
b. Closure of the level crossing and diversion of any public right of way
c. Level crossing to remain open but mitigation measures to be installed (mitigation measures to be determined by the type and location of the level crossing)
d. Mitigation measures and bridge type to be determined following a Disability Impact Assessment
4. We would also seek support in principle from the Local Planning Authority, Highways Authority and Public Rights of Way for any necessary mitigation measures and that the Local Planning Authority, Highways Authority, Public Rights of Way would not act to prevent these mitigation measures.
5. That developers would provide funds (either via CIL or S106) to either fully fund or contribute towards funding of mitigation measures at level crossings. As Network Rail is a public body it is not reasonable to expect Network Rail to fund mitigation measures that are necessary as a result of third party commercial development.
6. It is recognised that many proposals are of a small or medium type and that it is not reasonable to expect the developer(s) to solely to provide funding for the mitigation measures, therefore we would seek LPAs support to pool contributions.

Should the Council be minded to approve any planning application, Network Rail would expect full support in undertaking the measures outlined above if required as a result of the new development.

(3) Solar Farms
Network Rail would very strongly recommend that a policy is inlcuded to ensure that any solar farms proposed within the LPA area are submitted with a Glint and Glare Report which should assess the proposal’s impact upon any railway infrastructure including the potential for panels to reflect light an dimpact upon a train driver’s ability to perceive signals.

(4) Wind Turbines / Wind Farms
That development of either wind turbine(s) or wind farms includes consideration f the impact upon any railway in the area, including shadow flicker, topple over and ground vibrations as well as the journey to site to determine if any low loading bridges could be impacted.

Regards

Diane Clarke TechRTPI
Town Planning Technician LNW