Network Rail (Huyton) Order

Martin Woods Head of the TWA Orders Unit Department for Transport General Counsel's Office Zone 1/14-18 Great Minster House 33 Horseferry Road London SW1P 4DR

Enquiries: 020 7944 2474 Email: [email protected]

Eversheds LLP Web Site: www.gov.uk/dft/twa Solicitors and Parliamentary Agents One Wood Street Our ref: TWA/14/APP/02 LONDON Your ref: SLEVIND/292050-000007

EC2V 7WS 17 July 2014

Dear Sirs,

TRANSPORT AND WORKS ACT 1992: APPLICATION FOR THE PROPOSED NETWORK RAIL (HUYTON) ORDER

1. I am directed by the Secretary of State for Transport to say that consideration has been given to the application made on 18 February 2014 by your client, Network Rail Infrastructure Limited (“Network Rail”), for:

(a) the Network Rail (Huyton) Order ("the Order"), to be made under sections 1 and 5 of the Transport and Works Act 1992 ("TWA"); and

(b) a direction as to deemed planning permission for the development provided for in the Order, to be given under section 90(2A) of the Town and Country Planning Act 1990 (“the planning direction”).

2. The Order and planning direction would authorise Network Rail to construct and operate a new 230 metre section of railway and associated works at Huyton, east of Liverpool, on the Chat Moss Line railway (“the scheme”). The Order would also authorise the compulsory acquisition of land and rights in land, the use of temporary working sites and access, and the use of streets for the purposes of the scheme.

Summary of the Secretary of State’s decision

3. For the reasons given in this letter, the Secretary of State has decided to make the Order, with modifications, and to give the planning direction, subject to the conditions set out in Annex 1 to this letter.

The application

4. In making this application, Network Rail has complied with the publicity requirements of the Transport and Works (Applications and Objections Procedure) (England and Wales)

Rules 2006 (“the 2006 Rules”). This included serving copies of the application and the accompanying documents on the persons specified in those Rules and making the documents available for public inspection. As also required by those Rules, Network Rail published notices giving information about the application and how to make representations.

5. On 6 January 2014 the Secretary of State notified Network Rail under rule 7(13) of the 2006 Rules of his screening decision that an environmental impact assessment of the scheme was not required. However, Network Rail submitted with the Order application an Environmental Report providing an overview of the proposed mitigation for each environmental discipline, as set out in its request for a screening decision, and a description of the mechanisms and processes in place to secure the provision of that mitigation.

6. The Secretary of State received three objections, one representation (from Knowsley Metropolitan Borough Council (“the Council”)) and one letter of support. Following negotiations with Network Rail, the three objections were withdrawn and one of the former objectors, Merseytravel, said that they now supported the scheme. Similarly, as a result of negotiations, Network Rail and the Council agreed on 11 June 2014 to a revised set of conditions to be attached to the planning direction (see paragraph 12 below). The application is, accordingly, now unopposed.

Purposes of the scheme

7. Network Rail explained in the statement of aims submitted with the application that, in conjunction with other works on Network Rail’s operational land, the scheme would increase the number of tracks from two to four in the Huyton and Roby station areas. These works would provide capacity for the operation of additional fast trains between Manchester and Liverpool without impacting on local stopping services and existing freight paths. They would also facilitate an improvement in reliability. The works form part of Network Rail’s “Northern Hub” programme of rail improvements which is designed to cater for forecast growth in rail use in the North of England, and to improve the region’s economic performance and connectivity.

Secretary of State’s consideration

8. The Secretary of State has considered the information contained in Network Rail’s application and the responses to it. He is satisfied, firstly, that the scheme and the associated works in the Huyton and Roby station areas would bring significant benefits in terms of improved capacity, reliability and journey times between Liverpool and Manchester, increased revenue, and reductions in crowding on trains and road traffic. He recognises that the scheme will contribute to the overall benefits of the wider Northern Hub programme which is part of the Government’s National Infrastructure Plan and longer-term plans to rebalance the economy and boost growth across the country. He notes in this respect that the Northern Hub is estimated as having the potential to bring £4 billion worth of wider economic benefit to the region and between 20,000 and 30,000 jobs.

9. The Secretary of State is satisfied that the works comprised in the scheme are necessary to enable additional fast services on the Liverpool to Manchester route to overtake the slower existing services. He accepts also that, while the associated works in the vicinity of the scheme can be carried out within Network Rail’s operational land using

its existing powers and permitted development rights, the Order is necessary to enable Network Rail to carry out works beyond its current operational boundary.

10. With regard to the impacts of the scheme, the Secretary of State remains of the view given in his screening decision that it would not generate significant adverse environmental effects. He is satisfied further that the measures to manage the residual environmental risk described in Network Rail’s Environmental Report are adequate.

11. The Secretary of State considers that, weighing the need for and benefits of the scheme referred to in paragraphs 8 and 9 above against its limited adverse impacts, there is a compelling case in the public interest for giving Network Rail the compulsory acquisition powers applied for in the Order. He is satisfied that the land and rights sought by Network Rail are required for the satisfactory implementation of the scheme and notes that none of those who have interests in the affected land have maintained an objection. He notes also that the scheme is fully funded within Network Rail’s Control Period 5 2014 to 2019 (with some works funded in the earlier Control Period 4) and that there is unlikely to be any financial impediment to implementing the scheme. The Secretary of State is therefore satisfied that the tests in ODPM Circular 06/2004 for giving compulsory acquisition powers have been met.

12. In relation to the planning direction, the Secretary of State considers that the scheme is consistent with the aims of the National Planning Policy Framework1 (“NPPF”) as regards promoting sustainable transport. He is satisfied also that the revised conditions agreed between Network Rail and the Council meet the tests in paragraph 206 of the NPPF. He has, however, made a few drafting changes in the interests of clarity which do not alter the effect of the conditions. With regard to the exclusion of the “preliminary works” from the requirement for the Council’s prior approval of the landscaping scheme, the Construction Environment Management Plan and the tree mitigation plan, he is satisfied that in the particular circumstances of the scheme and its limited environmental impacts this provision is acceptable. The conditions the Secretary of State intends to attach to the planning direction, when given, are set out at Annex 1.

Overall conclusions and decision

13. The Secretary of State is satisfied that the substantial benefits of the scheme in terms of public transport improvements and its contribution to economic development would clearly outweigh the limited adverse impacts of the scheme with the proposed mitigation in place. Taking into account all other matters referred to in this letter, he is satisfied that there is a compelling case in the public interest for authorising the scheme. He has therefore decided to make the Order with modifications, and to give the planning direction subject to the conditions set out in Annex 1 to this letter.

14. The Secretary of State has decided to make some minor drafting modifications to the Order, which do not materially alter its effect. He is satisfied that none of the changes to the Order since application would substantially change the proposals such as would require notification to affected persons under section 13(4) of the TWA.

1 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf

15. The letter conveying the planning direction will issue shortly, at the same time as the Order is made, following the publication of a notice of determination in the London Gazette.

Notice under section 14 of the TWA

16. This letter constitutes the Secretary of State’s notice of his determination to make the Order with modifications, for the purposes of section 14(1)(a) and section 14(2) of the TWA. Your clients are required to publish newspaper notices of the determination in accordance with section 14(4) of the TWA.

Challenges to decision

17. The circumstances in which the Secretary of State’s decision may be challenged are set out in the note attached at Annex 2 to this letter.

Distribution

18. Copies of this letter are being sent to all those who made representations in response to the application.

Yours faithfully,

Martin Woods

ANNEX 1

CONDITIONS WHICH THE SECRETARY OF STATE INTENDS TO ATTACH TO THE DEEMED PLANNING PERMISSION

Interpretation

In the following conditions:-

“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006 No. 1466);

“the CEMP” means the construction environment management plan to be submitted to and approved by the local planning authority under condition 5 (Contract Requirements – Environment);

“the CR-E” means Network Rail’s Contract Requirements – Environment Issue 6, December 2011;

“the development” means the development authorised by the Order, however in conditions 3(i), 5(i) and 6(i) it does not include the following preliminary works: site clearance, de-vegetation, remediation, environmental investigation, site or soil survey, erection of contractor’s work compounds, erection of site offices, erection of fencing to site boundaries or marking out of site boundaries;

“the environmental screening decision” means the screening decision for the development made by the Secretary of State for Transport under rule 7(13) of the Applications Rules on 6th January 2014;

“the local planning authority” means Knowsley Metropolitan Borough Council;

“Network Rail” means Network Rail Infrastructure Limited;

“the Order” means the Network Rail (Huyton) Order 2014;

“the Order limits” has the same meaning as in article 2 of the Order;

“the planning direction drawings” means the drawings listed in Schedule 2 to the request for planning permission submitted in accordance with rule 10(6) of the Applications Rules; and

“the site” means the land within the Order limits.

Time limit for commencement of development

1. The development must not commence later than the expiration of five years from the date the Order comes into force.

Reason: To ensure that the development is commenced within a reasonable timescale.

In accordance with planning drawings

2. The development must be carried out in accordance with the planning direction drawings unless otherwise approved by the local planning authority; provided that such approval must not be given except in relation to non-material changes where it has been demonstrated to the satisfaction of the local planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those covered by the environmental screening decision.

Reason: To ensure that the development is carried out in accordance either with the consented design or with such other design details as have been subjected to reasonable and proper controls.

Landscaping

3. (i) The development must not commence until a written landscaping scheme has been submitted to, and approved by, the local planning authority.

(ii) The submitted scheme must include details of the hard landscaping and soft (soil and planting) landscaping including details of—

a) the location, number, species, size and planting density of any proposed and of existing planting; b) the cultivation and importing of materials and other operations to ensure plant establishment; c) hard surfacing areas, including layout and materials; d) minor structures such as furniture, refuse or other storage units, signs, lighting and boundary treatments; e) implementation timetables for the works comprised in the landscaping scheme; f) any temporary fencing to protect existing trees to be retained in or located adjacent to the site; and g) arrangements and specifications for initial establishment maintenance and longer term maintenance of all planted and/or turfed areas.

Reason: In the interests of visual amenity of the area.

Implementation and maintenance of landscaping

4. (i) All landscaping must be carried out in accordance with the scheme and implementation timetable approved under condition 3 (landscaping).

(ii) Any tree or shrub included in the approved scheme that, within a period of five years after planting, dies, is removed or becomes, in the opinion of the local planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted. Should

replacement planting be necessary, the Council must be notified in writing not less than 7 days prior to the planting taking place. Notification must include details of the problem with the approved scheme and the specification and timing of the replacement planting.

Reason: To ensure the appropriate implementation of the landscaping.

Contract Requirements - Environment

5. (i) The development must not commence until a CEMP prepared in compliance with the CR-E and including the relevant plans and programmes has been submitted to, and approved by, the local planning authority.

(ii) The CEMP must include the following relevant plans and programmes prepared in accordance with the relevant requirements of the CR-E—

a) an external communications programme (7.5); b) an incident response plan (11.1); c) a site waste management plan (9.13) (including a materials management plan (9.10)); d) a traffic management plan (9.12); e) a nuisance management plan concerning dust, mud, air pollution and lighting (9.2, 9.9); and f) a noise and vibration management plan (9.11).

(iii) The development must be implemented in accordance with the approved CEMP and the relevant plans or programmes.

(iv) In this condition “the relevant plans and programmes” means the plans or programmes prepared in accordance with the relevant requirements of the CR-E as are required to be prepared under the CEMP in accordance with paragraphs (ii)(a) to (f) of this condition.

Reason: To protect the amenities of residents and local amenities generally.

Tree protection

6. (i) Prior to the commencement of the development a detailed tree survey identifying—

a) trees to be removed as part of the development; b) trees located on the site to be retained; and c) trees to be retained, located immediately adjacent to the site, that may be directly affected by the development, must be submitted to the local planning authority.

(ii) The survey submitted to the local planning authority under sub-paragraph (i) must include a tree mitigation plan, to be approved by the local planning authority, identifying the details of the root protection and other arrangements to be made in accordance with British

Standard 5837:2005 to protect the retained trees identified in the survey. The tree mitigation plan must be implemented in accordance with the approved details.

Reason: In the interests of visual amenity of the area.

Requirement of written approval

7. Where under any of the above conditions the approval or agreement of the local planning authority or another person is required, that approval or agreement must be given in writing.

Reason: To ensure that approvals are properly recorded.

Amendments to approved details

8. Where under any of the above conditions the development must be carried out in accordance with a scheme of details approved by the local planning authority, the approved scheme or details are to be taken to include any amendments that may subsequently be approved in writing by the local planning authority.

Reason: To ensure that the development or details are implemented as approved.

END

ANNEX 2

RIGHT TO CHALLENGE ORDERS MADE UNDER THE TWA

Any person who is aggrieved by the making of the Order may challenge its validity, or the validity of any provision in it, on the ground that -

 it is not within the powers of the TWA, or  any requirement imposed by or under the TWA or the Tribunals and Inquiries Act 1992 has not been complied with.

Any such challenge may be made, by application to the High Court, within the period of 42 days from the day on which notice of this determination is published in the London Gazette as required by section 14(1)(b) of the TWA. This notice is expected to be published within three working days of the date of this decision letter.

CHALLENGES TO DEEMED PLANNING PERMISSION GIVEN IN CONNECTION WITH A TWA ORDER

There is no statutory right to challenge the validity of the Secretary of State's direction that planning permission is deemed to be granted for development for which provision is included in the Order. Any person who is aggrieved by the giving of the direction may, however, seek permission of the High Court to challenge the decision by judicial review.

A person who thinks they may have grounds for challenging the decision to make the Order or to give the planning direction is advised to seek legal advice before taking any action.