Consultation on the Pre Application Consultation and Application Procedure for Nationally Significant Infrastructure Projects
Definition of Freight on Rail
Freight on Rail is a campaign working to get goods off roads and onto rail as an important step in developing a more sustainable distribution system.
Freight on Rail is a partnership between transport trades unions, freight operating companies, the Rail Freight Group and Campaign for Better Transport. It 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 to central, regional and local government.
Consultation
Freight on Rail believes that it is important that it is clearly defined what the criteria is for consultation and what is expected of the various parties involved so that the consultation is inclusive.
In particular, it is important to define the role of local authorities in this pre- application process so that applicants, the local authorities and the local community and stakeholder group understand this process clearly. Paragraph 131 suggests a toolkit approach which we support
Paragraph 143 Length of consultation
We do not believe that four weeks is adequate and ask that the Government’s code of practice recommends 12 weeks as a minimum with 8 weeks in exceptional circumstances.
The IPC will have to evaluate whether consultation has been fair across all parties concerned. In situations where there is local opposition to infrastructure projects it can be difficult for the local authorities to take a view for a number of reasons including resourcing issues.
The IPC will have to judge whether the promoters have made all reasonable attempts to engage with local authorities in the consultation process.
There is a duty on promoters to consult and therefore there will need to be a duty on local authorities to assist in this process.
Consultation question 1
Currently only the ORR and Passenger Focus are statutory consultees on behalf of the railways which we believe is not acceptable. The Highways Agency is a statutory consultee as expected and we believe that it is crucial that Network Rail is given the same status.
As infrastructure manager, they are uniquely qualified to understand the impact of schemes on the rail network. We would expect that Network Rail’s evidence would be a key part of the IPC’s considerations on relevant schemes such as rail freight interchanges. Network Rail’s involvement in port and power station applications is also crucial.
P21 paragraph 48
Promoters must also engage in consultation with key bodies and industries. In the case of SRFIs this should include the FOCs
Transitional arrangements
We note that the IPC may be established prior to the establishment of all National Policy Statements. Guidance should be established on how IPC will consider applications in such circumstances.
P19 paragraph 37
Developers should be able to re-apply under the new IPC even if the scheme has failed under the existing system
Consultation Questions 14,
We agree that separate sets of model provisions are likely to be required for each infrastructure type.
In Schedule 4, paragraph 24, the construction hours are unlikely to be compatible with the need to take railway possessions. Such possessions are generally at weekends or overnight, away from the normal hours of railway operation, and it is highly unlikely that they could generally be taken within the stated hours. The text must be changed to facilitate work on the rail network.
Consultation Questions 19,
We do believe that there should be a time limit of 28 days
P144 description
Warehousing is not ancillary in a SRFIs it is an integral part of the proposal
At this stage it is difficult to judge whether the new proposed procedures in the Planning Act will simplify the process so we ask that DCLG monitors this aspect of the Act.
Philippa Edmunds Freight on Rail Campaigner 10th June 2009
