Response to Government Section 106 Agreements Consultation January 2005

April 19th 2005

Freight on Rail, a partnership between transport trades unions, freight operating companies, the Rail Freight Group and Transport 2000 works to promote the economic, social and environmental benefits of rail freight both nationally and locally. It advocates policy changes that support the shift to rail and provides information and help on freight related issues. In particular, it aims to help local authorities through all stages of the process such as planning a rail-freight strategy, accessing grants and dealing with technical matters.

– We believe that the existing system in which rail freight interests have been represented by the Strategic Rail Authority has worked well, especially in the latter years of its existence, but would have been more authoritative if more attention had been paid to the economic architecture which rail freight operators face. It is vital that, after the abolition of the SRA, arrangements are in place to get informed input from rail freight sources. Local authorities are required to demonstrate a need for rail freight facilities and need impartial rail freight advice to do so. Planning authorities alone cannot be expected to assess the rail requirements in such major developments, as the expansion of ports.
– It is important to have a clear framework upon which rail freight is considered.

Annex B Proforma followed for consultation responses
Relates to Annex B starting P24 on pdf

Circular para no.
1-10 Retention/simplication of policy tests

We agree with the proposed wording in item 3 on the grounds that rail freight is key to mitigating the impacts of many developments. A good example of this is port expansion where rail freight enhancements can allow more freight to be carried by rail to reduce impact on the local and national road network.

Para 6
We agree that planning permission may not be bought or sold and support this paragraph.

Paras 12-14 Contribution for affordable housing – no comment

Paras 3, 11-16 Typology for use of planning obligations

In certain types of development it is important that rail freight is an option because of the wider economic benefits, which may accrue to non-users.

Para 18 Maintenance payments
We agree with the proposed wording.

Paras 19-21 Pooled contributions
We believe that pooled contributions are an excellent mechanism for provision of facilities and infrastructure.

Paras 8, 24-27 Local planning obligations policies
We support this measure.

Para 28 Joining-up across public sector
We agree that all sectors of Government and other public agencies should be fully involved. We also highlight the importance of rail freight expertise at this level, currently provided by the SRA. We view it as essential that this service be provided in the new structure once the SRA has been disbanded. Local authorities have to show a need for a rail freight facility to justify it and they need rail freight advice to do this.

Paras 29-31 Formulae and standard charges
No comment

Para 32 Standard agreements/undertakings
Agree that standardisation helps all parties and speeds up the process, although it is relatively unlikely that it will be possible to formulate standard agreements for rail.

33-35 use of independent third parties
The SRA has provided this service impartially in the past five years and we are looking for assurances that these services will be provided within Governmental Offices.

The SRA’s Regional Planning Managers currently provide a vital link between land-use planning and rail transport. We believe that this function combined with the expert input of rail knowledge of the sort presently provided by the SRA Freight Executive is crucial in the new DfT structure if rail freight is to play its full role in the economy.

The Regional Planning Assessments, which the SRA Regional Planning Managers are currently drawing up, have both long and short-term strategic roles in drawing the different rail elements together so that Route Utilisation Strategies (RUSs) and LDFs can fully reflect and influence developments in rail services and infrastructure.
 

Need for rail expertise at Public Inquiries

As well as links with land use planning, there is a need for specialist resources to represent the strategic rail interests at Public Inquiries and Examinations in Public. These functions are currently undertaken by the SRA and also need to be replicated in the new structure if planning permission for rail freight developments is to be granted. For example, the strategic nature of the major site at Cricklewood in North London was confirmed by the S.R.A. at the Public Inquiry into the plans for the redevelopment of the area and supported by the S.R.A’s ‘Freight Strategy’ and subsequent ‘Plan’ which stated that there was a need for 3-4 intermodal terminals in the London area. The L.I.F.E. freight interchange project near Heathrow Airport did not gain planning consent for the lack of just such a strategic lead.

Another example is the recent Planning Inspectorate decision, at Theale, Berkshire, where alongside the planning framework, SRA evidence was crucial in safeguarding rail land for future potential rail use.The Planning Inspectorate rejected an appeal by Beftonforth Ltd against a decision of West Berkshire Council to refuse the application to erect a 15,000 s.q.m. telehouse (commercial data sore) on land in Theale, Berkshire, adjacent to the Reading-Newbury line. The Inspector dismissed this appeal because West Berkshire Council had identified this land for possible potential future rail use as an extension of the rail served lands defined in its Local Plan.

The inspectorate noted that, in dealing with rail freight, PPG13 advises that the SRA is best placed to advise on the sites and routes that are important to delivering wider transport objectives. The SRA gave expert evidence refuting various arguments made by Beftonforth. In particular, the SRA used working examples to show that the existing sidings were not too small to be viable and showed that there were no capacity constraints on the line.
 

Brownfield land

There is huge competition for development of brownfield sites. Planning Policy Guidance 3 gives priority for housing on brownfield sites so a strategic lead is needed by Government to retain those sites suitable for rail. Without the necessary national and local policies, Cricklewood, for instance, could be allocated to housing to the exclusion of rail.

Para 36 Cost recovery
No comment

Para 37 Public Involvement
We support this approach.

Paras 38-40 Use of unilateral undertakings
No comment

Para 41 Monitoring and implemention of obligations
We support this approach.


Philippa Edmunds
Freight on Rail
24th January 2005-01-25
Please respond to 4 Beresford Avenue East Twickenham Middx for any correspondence. Email address philippa@freightonrail.org.uk