A landmark victory which safeguards railway land for future generations - protecting potential passenger and freight rail services and the environment
13th May 2002
A landmark victory which safeguards railway land for future generations. Protecting potential passenger and freight rail services and the environment.
Freight on Rail welcomes the recent judgement in the case of Mansard County Homes Ltd v Surrey Heath Council which shows councils countrywide that they can protect disused railway land for future potential railway use, even where there is no immediate evidence of future possible use. This will help to prevent railway sites and routes being lost to the nation forever and boost the campaign to save our railway infrastructure for the future to reduce road congestion and bring all the environmental benefits of rail freight transport.
A copy of the full judgement (in PDF format) can be found here. Also a Freight on Rail 6-page summary (also in PDF format) can be found here.
Freight on Rail is a partnership between the rail freight operators, the transport trade unions and Transport 2000 working to promote the modal shift to rail freight.
Campaign Co-ordinator Philippa Edmunds said "This precedent means that all councils can now realistically protect non-operational railway land for possible future rail use, without fear of litigation. Identification and protection of existing and disused sites, lines and sidings with either existing or future rail potential is a key pillar of our campaign. We are delighted to see that Planning Policy Guidance PPG13 is being upheld by this case."
Philippa Edmunds continued, " In the past, potential railway land has been lost to the nation, because councils felt unable to protect disused railway land unless there was evidence of future use being currently planned. This led to short-term planning decisions, which could never be reversed. Once rail sites are gone, they are gone for ever, which means potential passenger, freight lines and terminal sites disappear with the resulting increased congestion on our roads".
This is the legal summary of the judgement made on 1st February 2002,
reproduced by permission of the Butterworths Division of Reed Elsevier
(UK) Ltd:-
- PPG13 clearly indicated that even where there was not a reasonable chance of future use of an old transport link, unnecessary severance was still to be avoided. The background to that policy presumed against unnecessary severance in order to preserve long term prospects of re-use. It followed that the policy could not be said to be disproportionate. In particular the authorities had carried out an appropriate balancing exercise and had considered that there could be some future use having regard to government policies to deter the use of cars.
The relevant paragraph from the Government's Revised Planning Policy
Guidance of March 2001 is:
Planning Policy Guidance 13 Transport March 2001 Freight
paragraph 45
The Government has set out is policy framework on freight in its 'Sustainable Distribution Strategy' March 1999). While road transport is likely to remain the main mode for many freight movements, land use planning can help to promote sustainable distribution, including where feasible, the movement of freight by rail and water. In preparing their development plans and in determining planning applications, local authorities should:
- Identify and, where appropriate, protect sites and routes, both
existing and potential, which could be critical in developing infrastructure
for the movement of freight (such as major freight interchanges including
facilities allowing road to rail transfer or for water transport)
and ensure that any such disused transport sites and routes are not
unnecessarily severed by new development or transport infrastructure.
In relation to rail use, this should be done in liaison with the SRA
which is best placed to advise on the sites and routes that are important
to delivering wider transport objectives;
- Where possible, locate developments generating substantial freight
movements, such as distribution and warehousing, particularly of bulk
goods, away from congested central areas and residential areas, and
ensure adequate access to trunk roads;
- Promote opportunities for freight generating development to be served
by rail or waterways by influencing the location of development and
by identifying and where appropriate protecting realistic opportunities
for rail or waterway connections to existing manufacturing, distribution
and warehousing sites adjacent or close to the rail network, waterways
or coastal/estuarial ports; and
- On disused transport sites consider uses related to sustainable
transport first, before other uses
Notes to editors:
Freight on Rail is a partnership between transport trades unions, EWS,
Freightliner, Railtrack, the Rail Freight Group and Transport 2000.
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. 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.
For further information contact:- Philippa Edmunds, Freight on Rail
campaigner
Tel: 020 8241 9982
email: philippa@freightonrail.org.uk
web site www.freightonrail.org.uk