Another Precedent to Protect Track Beds

ODPM has blocked a new office development at Olney in Northamptonshire which would have obliterated the track bed.

This shows at para 14 the Sec of State agreeing with the Inspector that while the rail proposals are too uncertain to apply the normal planning protection policy, nevertheless he wishes to see the route protected and (were permission to be granted) a condition to preserve the trackbed would be imposed.

Extract from the ODPM formal decision letter showing key clause 14.

Retention of option to provide a railway around Olney

14. For the reasons given in paragraphs 54-58, the Secretary of State agrees with the Inspector that proposals to re-instate an east-west rail link are not sufficiently advances to enable the relevant provisions of paragraph 5.22 of PPG12 to apply and that there is therefore no justification to safeguard a route (IR 59). The Secretary of State agrees with the Inspector that it would however be desirable to preserve the option of re-instating all or most of the abandoned rail line around Olney (IR 60). He agrees therefore that, where planning permission to be granted, a condition could be imposed on any planning permission for development on the application site to ensure the former line of the railways was not developed (IR 60).

Copies of the full ODPM letter dated 17 February 2004 attached.

The two relevant pages of the Inspector's report is also attached which in para 60 makes reference to compliance with the judgement in the Mansard County Homes v Surrey Heath Council case which allows local authorities to protect rail lines even if no potential rail use is identified as long as this policy is defined in local strategies such as Unitary Development Plans.