Kenilworth Neighbourhood Area Designation

FAO Development Policy Manager
Warwick - Kenilworth Neighbourhood Plan

Thank you for the opportunity to provide feedback to the proposed consultation.

Network Rail is the owner and operator of Britain's railway infrastructure, which includes the tracks, signals, tunnels, bridges, viaducts, level crossings and stations - the largest of which we also manage. All profits made by the company, including from commercial development, are reinvested directly back into the network.

Network Rail has the following comments to make.

The proposal area includes railway land within its boundary.
Whilst Network Rail has no objection in principle to the Kenilworth Neighbourhood Plan, we are concerned developments within the boundary red line will not require planning permission. Network Rail is a statutory undertaker and as such LPAs consult our Town Planning Teams on a wide variety of proposals that may impact upon Network Rail land and infrastructure. We are consulted about proposals next to, near to, on, under or over the railway as well as schemes for stations, mining and mineral extraction and also proposals that might impact upon Network Rail access points, level crossings etc.

We are concerned that the Kenilworth Neighbourhood Plan which includes railway land may result in proposals being undertaken near to or next to the operational railway / Network Rail land which may impact upon its safety and operation as we will not have had the opportunity (as via the current planning application notification process) to review and pass comments on vital asset protection measures to the council and developer / applicant. Equally we would be concerned if any Network Rail rights of access were affected by proposals, as these require unblocked access around the clock including emergency vehicles.

In light of the above we would request that the Kenilworth Neighbourhood Plan group should contact Network Rail for any proposals within the area to ensure that:
(a) Access points / rights of way belonging to Network Rail are not impacted by developments within the area.
(b) That any proposal does not impact upon the railway infrastructure / Network Rail land e.g.
* Drainage works / water features
* Encroachment of land or air-space
* Excavation works
* Siting of structures/buildings less than 2m from the Network Rail boundary / Party Wall Act issues
* Lighting impacting upon train drivers ability to perceive signals
* Landscaping that could impact upon overhead lines or Network Rail boundary treatments
* Any piling works
* Any scaffolding works
* Any public open spaces and proposals where minors and young children may be likely to use a site which could result in trespass upon the railway (which we would remind the council is a criminal offence under s55 British Transport Commission Act 1949)
* Any use of crane or plant
* Any fencing works
* Any demolition works
* Any hard standing areas
We would very strongly recommend that the Kenilworth Neighbourhood Plan Area authority / group are made aware that any proposal within 10m of the operational railway boundary will also require review and approval by the Network Rail Asset Protection Team, and such schemes should be accompanied by a risk assessment and a method statement.

We would request that the Kenilworth Neighbourhood Plan Area authority / group when submitting proposals for a development contact Network Rail's Town Planning Team and include a location plan and a description of the works taking place for review and comment.

All initial proposals and plans should be flagged up to the Network Rail Town Planning Team London North Western Route at the following address:

Town Planning Team LNW
Network Rail
1st Floor
Square One
4 Travis Street
Manchester
M1 2NY

Email: TownPlanningLNW@networkrail.co.uk

We would highlight in the first instance that the LPA is requested to notify Network Rail of any planning proposal within 10m from our boundary. Also, any proposal that is on, over or under Network Rail land and the operational railway (including stations, freight or maintenance depots).

Network Rail would draw the council's attention to the following (which applies to England only):
The Town and Country Planning (Development Management Procedure) (England) Order 2015
Publicity for applications for planning permission within 10 metres of relevant railway land
16.—(1) This article applies where the development to which the application relates is situated within 10 metres of relevant railway land.
(2) The local planning authority must, except where paragraph (3) applies, publicise an application for planning permission by serving requisite notice on any infrastructure manager of relevant railway land.
(3) Where an infrastructure manager has instructed the local planning authority in writing that they do not require notification in relation to a particular description of development, type of building operation or in relation to specified sites or geographical areas ("the instruction"), the local planning authority is not required to notify that infrastructure manager.
(4) The infrastructure manager may withdraw the instruction at any time by notifying the local planning authority in writing.
(5) In paragraph (2) "requisite notice" means a notice in the appropriate form as set out in Schedule 3 or in a form substantially to the same effect.

Special emphasis should be placed on examining planning proposals in light of their potential to impact upon level crossings within the boundary.