Local Development Framework Consultation

0.2 Section 2

No

Thank you for consulting Network Rail on the above policy consultation.
Network Rail is the statutory undertaker responsible for maintaining and operating the country's railway infrastructure and associated estate. Network Rail owns, operates, maintains and develops the main rail network. This includes the railway tracks, stations, signalling systems, bridges, tunnels, level crossings and viaducts.

Level Crossings
Development proposals' affecting the safety of level crossings in the South Lakeland council area is an extremely important consideration lor Network Rail and emerging planning policy to address. The impact from development can result in increases, often significant, in the vehicular and/or pedestrian traffic utilising a crossing which in turn can
have impacts upon safety and service provision.
As a result of increased patronage over crossings, Network Rail could be forced to reduce train line speed in direct correlation to the increase in vehicular and pedestrian traffic using a crossing. This would have severe consequences for the timetabling of trains and would also effectively frustrate any future train service improvements.
In this regard, we request that the potential impacts from development effecting Network Rail's level crossings are specifically addressed through the South Lakeland LDF Land Allocations DPD Proposed Submission Documents. There have been instances whereby Network Rail has not been consulted as a statutory undertaker where a proposal has impacted upon a level crossing.

As such, we strongly believe that the importance of Level Crossing safety warrants a specific Policy included in the South Lakeland LDF Land Allocations DPD Proposed Submission Documents which will help to elevate the mportance of Level Crossings within the development management and planning process. We request that the
policy confirms that:
1. The South Lakeland Council have a statutory responsibility under planning legislation (Schedule 5 (f)(ii) of the own & Country Planning (Development Management Procedure) Order, 2010) to consult the statutory rail undertaker where a proposal lor 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;
2. As a first principle, Network Rail would seek to close Level Crossings where possible.
3. Any planning application which may increase the level of pedestrian and/or vehicular usage at a level rossing should be supported by a full Transport Assessment assessing impact and mitigation measures including assessment of closure; and
4. The developer is required to fund any qualitative improvements required to the level crossing identified as a direct result of the development proposed.
NB: The Network Rail Level Crossings Policy has been adopted in principle by West Lancashire Council as part of their Local Plan Policy and can be viewed on Page 134 Section C as follows, "Developments adjacent to, or affecting, rail lines (including resulting in a material increase or change of character of the traffic using a rail crossing of a railway) will only be permitted with the agreement of Network Rail." In addition the
Network Rail Level Crossings Policy has been submitted and is being considered as a new policy for the Staffordshire Moorlands LDF - Revised Submission Core Strategy and is set to be incorporated within the pre-publication version of the Lancaster Local Plan DPD

3.7

No

The South Lakeland LDF Land Allocations DPD Proposed Submission Documents states that:
"In applying Core Strategy Policies 10.2 Transport Impact of New Development and Policy CS9.2 Developer Contributions, the Council will ensure that new development within the Kendal area makes an appropriate contribution to measures to mitigate the environmental impacts of traffic and that new development is subject to active travel planning."

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 lor upgrades to the existing infrastructure including improved signalling, passing loops, car parking, improved access arrangements or
platform extensions. As Network Rail is a publicly funded organisation with a regulated remit it would not be reasonable to require Network Rail to fund rail improvements necessitated by commercial development. It is therefore appropriate to require developer contributions to fund such railway improvements; it would 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.
PPG 13 states that councils should, "take into account the potential for changing overall travel patterns, for instance by improving the sustainability of existing developments through a fully co-ordinated approach of development plan allocations and transport improvements." And also, "Where development can only take place with improvements to
public transport services, a contribution from the developer (payable to the local authority) would be appropriate."
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 LDF Land Allocations DPD Proposed Submission Documents include provisions for rail (in addition to road). 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 LDF Land Allocations DPD Proposed Submission Documents.
• 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.
We trust these comments will be considered in your preparation of the forthcoming policy document.
If you require any additional information or would like to discuss any aspect of this submission, please do not hesitate to contact me.
Please note that Network Rail may have further comments on this policy.

0.0 Whole Document

South Lakeland LDF Land Allocations DPD Proposed Submission Documents


Further to my email of the 8th March 2012, Network Rail would like to make the following additional comments.

Network Rail’s Business Space team has concerns at Ulverston. Network Rail has properties at Ulverston railway station, one let for a children’s soft toy play centre and the other vacant and comprises a station flat. Network Rail has aspirations to convert this flat into offices for commercial use at some point over the next 12 months. Therefore we would request that the council bear this in mind in regards to the above policy.

Also, attached is a copy of an email previously issued to South Lakeland regarding Network Rail’s ownership at Arnside.

With regards to the other sites and given the scale of the plans provided, it is difficult to identify whether Network Rail land has been included within individual site boundaries. Therefore, land in the ownership of Network Rail should not be identified within individual site boundaries without having first secured Network Rail’s “in principle” approval to the inclusion of such land. This requirement is to protect Network Rail’s operational railway infrastructure and commercial interests. Details of individual sites where proposals identify the potential inclusion of Network Rail land should be sent to Network Rail Town Planning for consultation and approval. Network Rail reserves the right to refuse any works by a third party upon its infrastructure.

Should any new bridges be required over / under the railway to access any of the sites, then in addition to agreeing the relevant property interests / bridge agreements Network Rail would also be seeking the opportunity to close any level crossings in close proximity to such new bridges in line with its national closure programme.

LA2.12 Mixed Use Allocation at Sandside Road, Arnside

Also, attached is a copy of an email previously issued to South Lakeland regarding Network Rail’s ownership at Arnside.

Diane has asked that I respond to you in relation to the question you have raised concerning the availability of Network Rail’s land interests adjacent to Arnside station for future development.

As Diane has already highlighted to you, any third party developer would need to negotiate any property interests required from Network Rail and the outcome of this would be subject to Network Rails clearance approval and the proposals being commercially worthwhile.

Clearance can only be applied for once the development proposals have been received, so until this level of detail is available and the clearance process undertaken it is not possible to definitely confirm whether the land is available. In addition there will be a requirement to consult with other rail industry stakeholders and apply to the Officer of Rail Regulation for land disposal consent. These processes relate to all land disposals.

In summary, if the proposals are considered to be commercially worthwhile then Network Rail would work with the developer with the aim of securing the release of the land interests so long as the land interests do not have any foreseeable railway use.

LA1.3 Housing Allocations - All Ulverston sites

Network Rail’s Business Space team has concerns at Ulverston. Network Rail has properties at Ulverston railway station, one let for a children’s soft toy play centre and the other vacant and comprises a station flat. Network Rail has aspirations to convert this flat into offices for commercial use at some point over the next 12 months. Therefore we would request that the council bear this in mind in regards to the above policy.