Greatmoor Railway Sidings Transport and Works Act Order HS2/4/B Appendices to Proof of Evidence: Ruth Jackson – Planning
Document Ref HS2/4/B
Transport and Works Act 1992
Transport and Works (Inquiries Procedure) Rules 2004
The High Speed Rail (London-West Midlands) (Greatmoor Sidings etc.) Order
Appendices to Proof of Evidence of Ruth Jackson
Planning
June 2017
Greatmoor Railway Sidings Transport and Works Act Order HS2/4/B Appendices: Ruth Jackson - Planning
CONTENTS
Appendix 1: Planning Practice Guidance – Use of Planning Conditions March 2014
Appendix 2: The Government’s ‘Reforming the Railways’ Command Paper March 2012
Appendix 3: Buckinghamshire County Council Replacement MWLP first consultation (February 2015)
Appendix 4: Buckinghamshire County Council Rights of Way Improvement Plan March 2008
Appendix 5: Extracts from the Control of Pollution Act 1974 – section 61, 61 and interpretation
Greatmoor Railway Sidings Transport and Works Act Order HS2/4/B Appendices: Ruth Jackson - Planning
Appendix 1:
Planning Practice Guidance – Use of Planning Conditions March 2014
Use of planning conditions - GOV.UK Page 1 of 15
GOV.UK
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Guidance Use of planning conditions
From: Department for Communities and Local Government (https://www.gov.uk/government/organisations/department-for-communities-and-local- government) Part of: Planning practice guidance (https://www.gov.uk/government/collections/planning- practice-guidance) and Planning system (https://www.gov.uk/government/policies/planning-system) Published: 6 March 2014
Sets out expectations on use of conditions on planning decisions.
Contents
. Why and how are conditions imposed? . Application of the 6 tests in National Planning Policy Framework policy . What approach should be taken to imposing conditions? . Conditions relating to time limits . Discharging and modifying conditions once planning permission is granted
Why and how are conditions imposed?
Why are conditions imposed on a planning permission?
When used properly, conditions can enhance the quality of development and enable development proposals to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects of the development. The objectives of planning are best served when the power to attach conditions to a planning permission is exercised in a way that is clearly seen to be fair, reasonable and practicable. It is important to ensure that conditions are tailored to tackle specific problems, rather than standardised or used to impose broad unnecessary controls.
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What are the main legal powers relating to use of conditions?
The main powers relating to local planning authority use of conditions are in sections 70, 72, 73, 73A, and Schedule 5 of the Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/70). Powers to impose conditions on appeal are also
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given to the Secretaries of State or their Inspectors by sections 77, 79, 177, and Schedule 6 of the ct (http://www.legislation.gov.uk/ukpga/1990/8/section/77). In some areas there may also be powers under local Acts which complement or vary the powers in the 1990 Act.
Section 70(1)(a) of the Act (http://www.legislation.gov.uk/ukpga/1990/8/section/70) enables the local planning authority in granting planning permission to impose “such conditions as they think fit”. This power must be interpreted in light of material factors such as the National Planning Policy Framework, this supporting guidance on the use of conditions, and relevant case law.
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pplication of the 6 tests in National Planning Policy Framework policy
What is the government’s policy on the use of conditions in planning permissions?
Paragraph 203 (https://gov.uk/guidance/national-planning-policy-framework/decision-taking#para203) of the National Planning Policy Framework states “Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions”
Paragraph 206 (https://gov.uk/guidance/national-planning-policy-framework/decision-taking#para206) of the National Planning Policy Framework states “Planning conditions should only be imposed where they are:
. necessary; . relevant to planning and; . to the development to be permitted; . enforceable; . precise and; . reasonable in all other respects.”
The policy requirement above is referred to in this guidance as the 6 tests.
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How does the Local Planning Authority ensure that the 6 tests in paragraph 206 of the National Planning Policy Framework have been met?
Whether it is appropriate for the Local Planning Authority to impose a condition on a grant of planning permission will depend on the specifics of the case. Conditions should help to deliver development plan policy and accord with the requirements of the National Planning Policy Framework, including satisfying the 6 tests for conditions.
The 6 tests must all be satisfied each time a decision to grant planning permission subject to conditions is made. The tests are set out in the following table, alongside key considerations:
Key questions (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/579424/Tests-
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and-key-questions.pdf) (PDF, 38.3KB, 2 pages)
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What approach should be taken to imposing conditions?
re there any circumstances where planning conditions should not be used?
ny proposed condition that fails to meet any of the 6 tests should not be used. This applies even if the applicant suggests it or agrees on its terms or it is suggested by the members of a planning committee or a third party. Every condition must always be justified by the local planning authority on its own planning merits on a case by case basis. Specific circumstances where conditions should not be used include:
• Conditions which unreasonably impact on the deliverability of a development:
Conditions which place unjustifiable and disproportionate financial burdens on an applicant will fail the test of reasonableness. In considering issues around viability, local planning authorities should consider policies in the National Planning Policy Framework and supporting guidance on viability (https://www.gov.uk/guidance/viability).
• Conditions reserving outline application details:
Where details have been submitted as part of an outline application, they must be treated by the local planning authority as forming part of the development for which the application is being made. Conditions cannot be used to reserve these details for subsequent approval. The exception is where the applicant has made it clear that the details have been submitted for illustration purposes only.
• Conditions requiring the development to be carried out in its entirety:
Conditions requiring a development to be carried out in its entirety will fail the test of necessity by requiring more than is needed to deal with the problem they are designed to solve. Such a condition is also likely to be difficult to enforce due to the range of external factors that can influence a decision whether or not to carry out and complete a development.
• Conditions requiring compliance with other regulatory requirements (eg Building Regulations, Environmental Protection Act):
Conditions requiring compliance with other regulatory regimes will not meet the test of necessity and may not be relevant to planning,
• Conditions requiring land to be given up:
Conditions cannot require that land is formally given up (or ceded) to other parties, such as the
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Highway Authority.
• Positively worded conditions requiring payment of money or other consideration:
No payment of money or other consideration can be positively required when granting planning permission. However, where the 6 tests will be met, it may be possible use a negatively worded condition to prohibit development authorised by the planning permission until a specified action has been taken (for example, the entering into of a planning obligation requiring the payment of a financial contribution towards the provision of supporting infrastructure).
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Can conditions be used to require the applicant to submit further details after permission has been granted?
For non outline applications, other than where it will clearly assist with the efficient and effective delivery of development, it is important that the local planning authority limits the use of conditions requiring their approval of further matters after permission has been granted. Where it is justified, the ability to impose conditions requiring submission and approval of further details extends to aspects of the development that are not fully described in the application (eg provision of car parking spaces).
Where it is practicable to do so, such conditions should be discussed with the applicant before permission is granted to ensure that unreasonable burdens are not being imposed. The local planning authority should ensure that the timing of submission of any further details meets with the planned sequence for developing the site. Conditions that unnecessarily affect an applicant’s ability to bring a development into use, allow a development to be occupied or otherwise impact on the proper implementation of the planning permission should not be used. A condition requiring the re- submission and approval of details that have already been submitted as part of the planning application is unlikely to pass the test of necessity.
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When can conditions be used that prevent any development until the requirements o the condition have been met (conditions precedent)?
Care should be taken when considering using conditions that prevent any development authorised by the planning permission from beginning until the condition has been complied with. This includes conditions stating that ‘no development shall take place until…’ or ‘prior to any works starting on site…’.
Such conditions should only be used where the local planning authority is satisfied that the requirements of the condition (including the timing of compliance) are so fundamental to the development permitted that it would have been otherwise necessary to refuse the whole permission. condition precedent that does not meet the legal and policy tests may be found to be unlawful by
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the courts and therefore cannot be enforced by the local planning authority if it is breached. Development carried out without having complied with a condition precedent would be unlawful and may be the subject of enforcement action.
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Can conditions be used to stipulate the sequence that development should be carried out in (phasing)?
Where the circumstances of the application make this necessary and the 6 tests will be met, conditions can be imposed to ensure that development proceeds in a certain sequence. Conditions may also be used to ensure that a particular element in a scheme is provided by/at a particular stage or before the scheme is brought into use.
It is important that the local planning authority and the applicant discuss and seek to agree any such conditions before planning permission is granted. This is in order to understand how the requirements would fit into the planned sequence for developing the site, impacts on viability, and whether the tests of reasonableness and necessity will be met.
See guidance on multi-stage consents and Environmental Impact Assessment (https://www.gov.uk/guidance/environmental-impact-assessment#subsequent-applications).
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When can conditions be used relating to land not in control of the applicant?
Conditions requiring works on land that is not controlled by the applicant, or that requires the consent or authorisation of another person or body often fail the tests of reasonableness and enforceability. It may be possible to achieve a similar result using a condition worded in a negative form (a Grampian condition) – ie prohibiting development authorised by the planning permission or other aspects linked to the planning permission (eg occupation of premises) until a specified action has been taken (such as the provision of supporting infrastructure). Such conditions should not be used where there are no prospects at all of the action in question being performed within the time- limit imposed by the permission.
Where the land or specified action in question is within the control of the local authority determining the application (for example, as highway authority where supporting infrastructure is required) the authority should be able to present clear evidence that this test will be met before the condition is imposed.
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Is it possible to use a condition to require an applicant to enter into a planning obligation or an agreement under other powers?
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Planning permission should not be granted subject to a positively worded condition that requires the applicant to enter into a planning obligation under section 106 of the Town and Country Planning ct 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/106) or an agreement under other powers. Such a condition is unlikely to pass the test of enforceability.
negatively worded condition limiting the development that can take place until a planning obligation or other agreement has been entered into is unlikely to be appropriate in the majority of cases. Ensuring that any planning obligation or other agreement is entered into prior to granting planning permission is the best way to deliver sufficient certainty for all parties about what is being agreed. It encourages the parties to finalise the planning obligation or other agreement in a timely manner and is important in the interests of maintaining transparency.
However, in exceptional circumstances a negatively worded condition requiring a planning obligation or other agreement to be entered into before certain development can commence may be appropriate in the case of more complex and strategically important development where there is clear evidence that the delivery of the development would otherwise be at serious risk. In such cases the 6 tests must also be met.
Where consideration is given to using a negatively worded condition, it is important that the local planning authority discusses with the applicant before planning permission is granted the need for a planning obligation or other agreement and the appropriateness of using a condition. The heads of terms or principal terms need to be agreed prior to planning permission being granted to ensure that the test of necessity is met and in the interests of transparency.
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What about cases where the same objective can be met using either a condition or a planning obligation?
It may be possible to overcome a planning objection to a development proposal equally well by imposing a condition on the planning permission or by entering into a planning obligation under section 106 of the Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/106). In such cases the local planning authority should use a condition rather than seeking to deal with the matter by means of a planning obligation.
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Can conditions be used to modify plans and other details submitted with an application?
If a detail in a proposed development, or the lack of it, is unacceptable in planning terms the best course of action will often be for the applicant to be invited to revise the application. Where this involves significant changes this may result in the need for a fresh planning application.
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Depending on the case, it may be possible for the local planning authority to impose a condition making a minor modification to the development permitted. A condition that modifies the development in such a way as to make it substantially different from that set out in the application should not be used.
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Can conditions be used to limit the grant of planning permission to only part of the development proposed (a split decision)?
Express powers to issue split decisions are given to the Secretary of State and Inspectors in section 79 of the Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/79).
In cases where the local planning authority considers part of the development to be unacceptable, it will normally be best to seek amended details from the applicant prior to a decision being made. In exceptional circumstances it may be appropriate to use a condition to grant permission for only part of the development. Such conditions should only be used where the acceptable and unacceptable parts of the proposal are clearly distinguishable and with the agreement of the applicant.
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When can conditions be used to grant planning permission for a use for a temporary period only?
Under section 72 of the Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/72) the local planning authority may grant planning permission for a specified temporary period only. A condition limiting use to a temporary period only where the proposed development complies with the development plan, or where material considerations indicate otherwise that planning permission should be granted, will rarely pass the test of necessity.
Circumstances where a temporary permission may be appropriate include where a trial run is needed in order to assess the effect of the development on the area or where it is expected that the planning circumstances will change in a particular way at the end of that period.
temporary planning permission may also be appropriate on vacant land/buildings to enable use for a temporary period prior to any longer term regeneration plans coming forward (a meanwhile use) or more generally to encourage empty property to be brought back into use. This can benefit an area by increasing activity.
It will rarely be justifiable to grant a second temporary permission – further permissions should normally be granted permanently or refused if there is clear justification for doing so. There is no presumption that a temporary grant of planning of planning permission should be granted permanently.
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condition requiring the demolition after a stated period of a building that is clearly intended to be permanent is unlikely to pass the test of reasonableness. Conditions requiring demolition of buildings which are imposed on planning permissions for change of use are unlikely to relate fairly and reasonably to the development permitted.
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Is it appropriate to use conditions to limit the benefits of the planning permission to a particular person or group of people?
Unless the permission otherwise provides, planning permission runs with the land and it is rarely appropriate to provide otherwise. There may be exceptional occasions where granting planning permission for development that would not normally be permitted on the site could be justified on planning grounds because of who would benefit from the permission. For example, conditions limiting benefits to a particular class of people, such as new residential accommodation in the open countryside for agricultural or forestry workers, may be justified on the grounds that an applicant has successfully demonstrated an exceptional need.
condition used to grant planning permission solely on grounds of an individual’s personal circumstances will scarcely ever be justified in the case of permission for the erection of a permanent building, but might, for example, result from enforcement action which would otherwise cause individual hardship.
condition limiting the benefit of the permission to a company is inappropriate because its shares can be transferred to other persons without affecting the legal personality of the company.
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What about conditions that are requested by third parties?
Third parties such as statutory consultees can suggest conditions to mitigate potential impacts and make a development acceptable in planning terms. The decision as to whether it is appropriate to impose such conditions rests with the local planning authority. As with any condition, the local planning authority should consider whether the 6 tests will be met. Where third parties suggest conditions it is essential for them to first consider whether the 6 tests will be met on a case by case basis with reference to the facts of the proposal under consideration. Blanket standard conditions should not be used without proper consideration of whether they are necessary, and if so, how they would apply to the case in question.
It is not appropriate to require in a condition that a development/requirement should be carried out to the satisfaction of a third party as this decision rests with the local planning authority.
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Is it appropriate to use conditions to restrict the future use of permitted development rights or changes of use?
Conditions restricting the future use of permitted development rights or changes of use will rarely pass the test of necessity and should only be used in exceptional circumstances. The scope of such conditions needs to be precisely defined, by reference to the relevant provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 (http://www.legislation.gov.uk/uksi/2015/596/contents/made), so that it is clear exactly which rights have been limited or withdrawn. Area wide or blanket removal of freedoms to carry out small scale domestic and non-domestic alterations that would otherwise not require an application for planning permission are unlikely to meet the tests of reasonableness and necessity. The local planning authority also has powers under article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (http://www.legislation.gov.uk/uksi/2015/596/article/4/made) to enable them to withdraw permitted development rights across a defined area.
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How can both the local planning authority and the applicant reduce the need for conditions?
Rigorous application of the 6 tests can reduce the need for conditions and it is good practice to keep the number of conditions to a minimum wherever possible. Front loading and positive dialogue between the local planning authority and the applicant can also result in planning permission being granted with fewer conditions attached. Effective pre-application discussions can help to establish early in the process what may need to be the subject of conditions. An applicant may, where it is feasible to do so, seek approval at the application stage for matters which may otherwise have been the subject of conditions. This can reduce potential delays between the decision being taken and development taking place on site.
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Should the local planning authority agree conditions with an applicant before imposing them?
It is best practice for a local planning authority to agree proposed conditions with an applicant before a decision is taken, and as early in the planning application process as possible. It is equally open to both the local planning authority and the applicant to initiate discussions about conditions. greeing conditions early is beneficial to all parties involved in the process. It can increase the certainty of what is proposed and how it is to be controlled, including highlighting any condition requirements that may impact on the implementation of the development.
Planning Performance Agreement can also be used to set a timetable for when discussions about conditions should take place.
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Is it acceptable for a local planning authority to explain in their Local Plan where conditions may be used?
Identifying the circumstances in the Local Plan where consideration will be given to using conditions can add certainty to the process. However, it is still necessary to consider whether conditions would be justified in the particular circumstances of each proposed development, as a Local Plan policy cannot be used to justify a condition that does not meet the 6 tests.
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Can a local planning authority use model conditions?
Model conditions can improve the efficiency of the planning process. Such conditions should not be applied in a rigid way and without regard to whether the 6 tests will be met. It is recommended that local planning authorities use national model conditions where appropriate in the interests of maintaining consistency. [Note – a link to national model conditions will be provided when the present PINs/DCLG models have been updated].
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Can conditions be used to specify the application drawings and other details which form part of the permission?
Specifying the application drawings and other details which form part of the permission is best practice and creates certainty for all parties, particularly where applications have been subject to a number of revisions.
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Does the local planning authority need to give reasons for imposing conditions?
Clear and precise reasons must be given by the local planning authority for the imposition of every condition.
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How should a local planning authority order conditions on decision notices?
In addition to precise drafting, clear ordering of conditions on a decision notice is essential to ensuring that they are understood. It is good practice to list the conditions in the order that they need to be satisfied. A good structure is:
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. the standard time limit condition for commencement of development . the details and drawings subject to which the planning permission is granted . any pre-commencement conditions . any pre-occupancy or other stage conditions . any conditions relating to post occupancy monitoring and management.
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Can conditions be attached to reserved matters applications relating to outline planning permissions?
Conditions relating to anything other than the matters to be reserved can only be imposed when outline planning permission is granted. The only conditions which can be imposed when the reserved matters are approved are conditions which directly relate to those reserved matters.
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What status do informative notes appended to decision notices have?
Informative notes allow the local planning authority to draw an applicant’s attention to other relevant matters – for example the requirement to seek additional consents under other regimes. Informative notes do not carry any legal weight and cannot be used in lieu of planning conditions or a legal obligation to try and ensure adequate means of control for planning purposes
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Conditions relating to time limits
Should conditions be used to specify the time limit within which development granted planning permission must begin?
Under section 91 Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/91) if the local planning authority grants planning permission it is subject to a condition that specifies the time limit within which the development must begin.
The relevant time limit for beginning the development is not later than the expiration of:
• 3 years beginning with the date on which the permission is granted, or; • such other period (whether longer or shorter) as the local planning authority may impose.
The local planning authority may wish to consider whether a variation in the time period could assist in the delivery of development. For example, a shorter time period may be appropriate where it would encourage the commencement of development and non-commencement has previously had
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negative impacts. A longer time period may be justified for very complex projects where there is evidence that 3 years is not long enough to allow all the necessary preparations to be completed before development can start.
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What about time limits for outline planning permissions?
Under section 92 Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/92), outline planning permission should be made subject to conditions imposing 2 types of time-limit, one within which applications must be made for the approval of reserved matters and a second within which the development itself must be started. If the local planning authority considers it appropriate on planning grounds they may use longer or shorter periods, but must clearly give their justification for doing so.
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What happens if planning permission is granted but there is no condition specifying the time limit within which development must begin?
Where planning permission is granted and the decision notice does not include a condition stating the time limit within which development must begin, it is deemed to be granted subject to the condition that the development to which it relates must be begun not later than the expiration of:
• in the case of applications for planning permission: 3 years from the date on which permission was granted • in the case of outline planning permission: 3 years from the date on which permission was granted to submit all reserved matters, and development to begin within 2 years of the date on which the final reserved matters are approved.
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Discharging and modifying conditions once planning permission is granted
Will conditions on planning permissions affect future purchasers of the land?
Unless the permission otherwise states, planning permission runs with the land and any conditions imposed on the permission will bind future owners.
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What options are available to an owner who does not wish to comply with a condition?
Following the decision of a local planning authority to grant planning permission subject to conditions, a developer may consider taking the following actions if they do not wish to be subject to a condition:
• Some or all of the conditions could be removed or changed by making an application to the local planning authority under section 73 of the Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/73). In deciding an application under section 73, the local planning authority must only consider the disputed condition/s that are the subject of the application – it is not a complete re-consideration of the application. A local planning authority decision to refuse an application under section 73 can be appealed to the Secretary of State, who will also only consider the condition/s in question.
It should be noted that the original planning permission will continue to exist whatever the outcome of the application under section 73. To assist with clarity, decision notices for the grant of planning permission under section 73 should also repeat the relevant conditions from the original planning permission, unless they have already been discharged. In granting permission under section 73 the local planning authority may also impose new conditions – provided the conditions do not materially alter the development that was subject to the original permission and are conditions which could have been imposed on the earlier planning permission. Further guidance on section 73 (https://www.gov.uk/guidance/flexible-options-for-planning-permissions).
• Appeal to the Secretary of State against the decision of the local planning authority to grant planning permission subject to conditions. An appeal must be received within 12 weeks of the date on the decision notice for householder planning applications or 6 months for other planning decision types. A Planning Inspector on behalf of the Secretary of State will re-determine the whole application (not only the decision to impose the conditions) – so there is a risk that the Inspector could refuse planning permission and therefore reverse the decision of the local planning authority. Further guidance on appeals (https://www.gov.uk/guidance/appeals).
Development that is taken forward in breach of the conditions may be subject to local authority enforcement action. It is also possible to apply for retrospective planning permission under section 73A of the Town and Country Planning Act 1990 (http://www.legislation.gov.uk/ukpga/1990/8/section/73A). Futher guidance on enforcement (including section 73A) (https://www.gov.uk/guidance/ensuring-effective-enforcement).
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How can a developer seek to discharge conditions attached to a planning permission that require local planning authority approval of further details?
Requests for approval of further details required by conditions must be made to the local planning authority in writing, enclosing any relevant details.
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Is there a fee payable to a local planning authority to discharge a planning condition?
The local planning authority will charge an application fee for written requests for both:
• written confirmation of the discharge of conditions; and • written confirmation that one or more of the conditions imposed on a grant of planning permission have been satisfied
More details on fees (https://www.gov.uk/guidance/fees-for-planning-applications). The fee must be paid when the request is made, and cannot be paid retrospectively.
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How long should it take for a local planning authority to discharge a planning condition?
Development that is ready to proceed should not be held back by delays in discharging planning conditions. In most cases where the approval is straightforward it is expected that the local planning authority should respond to requests to discharge conditions without delay, and in any event within 21 days. Where the views of a third party such as a statutory consultee are required to discharge a condition, every effort should be made to ensure that the 21 day requirement can still be met.
The local planning authority must give notice to the applicant of its decision within a period of 8 weeks from the date the request was received, or any longer period agreed in writing between the applicant and local planning authority. If no extension of time is agreed for discharging the condition after 12 weeks, the local planning authority must return the fee to the applicant without further delay along with a decision on the request.
It should be noted that this timeframe and the return of fees does not apply to prior approval procedures under Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (http://www.legislation.gov.uk/uksi/2015/596/schedule/2/made), or where the request relates to a reserved matter, which should be subject to a reserved matters application.
Where an applicant has concerns about the timeliness of the local planning authority in giving notice of its decision, a deemed discharge may be available under article 28 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (http://www.legislation.gov.uk/uksi/2015/595/article/28/made).
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Contents
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Published: 6 March 2014
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Appendix 2:
The Government’s ‘Reforming the Railways’ Command Paper March 2012
March 2012 2012 March
Cm 8313 Reforming our Railways: Railways: our Reforming First Customer the Putting
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Reforming our Railways: Putting the Customer First
Presented to Parliament by the Secretary of State for Transport, by Command of Her Majesty, March 2012
Cm 8313 £14.75 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence or e-mail: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us at [email protected] This publication is available for download at www.official-documents.gov.uk This document is also available from our website at www.dft.gov.uk ISBN: 9780101831321 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2480344 03/12
Printed on paper containing 75% recycled fibre content minimum. Contents
Foreword 5
Executive summary 7
1. Introduction 10 The Command Paper – purpose and context 10 A vision and a purpose for rail 11 A more efficient railway 11 Investing in our country’s future 13
2. A better deal for passengers 16 Introduction 16 Relieving the fares burden 16 Building new capacity to address overcrowding 17 Reviewing fares and ticketing 18 Improving performance and dealing with track closures 22 Specifying to meet passenger interests 24 Devolving decision-making to sub-national bodies 24 The role of the regulator 25
3. A more strategic role for Government 28 Introduction 28 Setting a network strategy for our railways 29 Funding and delivering major projects 32 Reforming our franchising system 34 Devolving rail decisions to the local level 34 A greater leadership role for the industry 37 Smarter regulation for the railways 39
3 Reforming our Railways: Putting the Customer First
4. A more efficient industry 40 Introduction 40 Greater alignment between rail industry parties 40 The franchising and incentive framework for train operators 46 Open access operators 49 An expanding rail freight sector 49 Better governance for Network Rail 50 A common sense approach to standards 53 Securing savings from rolling stock 56 A strong and competitive rail supply chain 58 A highly-skilled and productive rail workforce 59 Safety 61 Environmental sustainability 62
5. Better information 64 Introduction 64 Transparent finances 66 Transparent railway performance 68 Openly available data 70 Network Rail transparency 71 Conclusions 71
6. Implementing rail reform 72 Introduction 72 Closing the efficiency gap 74
4 Foreword
Foreword
How do we make rail travel more affordable? What can be done to get more out of our existing rail network? How do we improve and expand our rail network when money is tight? These simple yet fundamental questions are what this Command Paper is about. We all know how important our railway network is to the prosperity and wellbeing of this country. But we too often find ourselves frustrated when the cost, punctuality or comfort of rail travel disappoint. I believe that Government and the rail industry can and must do more for the passenger and the taxpayer. So we will. For our railway to be more affordable, it must also be efficient, but Sir Roy McNulty, in his Rail Value for Money Study, identified inefficiencies worth £2.5-£3.5 billion that are being paid for by passengers and taxpayers. I will not allow this to continue unchecked. Network Rail is already due to deliver £1.2 billion of genuine efficiency savings by 2014 with at least a further £600 million by 2019 but the industry as a whole needs to become less dependent on Government subsidies. The industry should aim to fully close the efficiency gap identified by Sir Roy by 2019. This paper sets out how we will address this challenge and states clearly what we will do with the savings: reduce and then abolish above-inflation rises in average regulated fares, combined with lessening the burden on the broader taxpayer purse. Taken together with my decision to limit the most recent increase in regulated fares I believe this will have a real and lasting impact on household budgets. But this Command Paper is not only about affordability. Rail franchises will be reformed with greater transparency around costs and efficiency so that taxpayer subsidies are concentrated on the less profitable routes that remain crucial to communities. We will move to a more transparent, modern and flexible approach to fares and ticketing. Working together with industry we will expand smart ticketing technologies to give more passengers the kinds of benefits that passengers in the capital already enjoy with Oyster cards. We also want to introduce new kinds of season tickets, recognising the reality that not all commutes take place five days a week during rush hour.
5 Reforming our Railways: Putting the Customer First
Making growth happen means there is no alternative to investing in greater capacity and better connectivity. A new national high speed rail network announced in January will deliver the quantum leap in capacity needed on Britain’s major north- south lines in the decades ahead. While today we are reducing crowding, cutting journey times and improving the passenger experience by funding thousands of new carriages across the country, electrifying swathes of the railway network and redeveloping many of our great railway stations. The Chancellor’s Autumn Statement saw £1bn invested in north of England rail services, freight and measures to prevent cable theft. In total, we have invested £18 billion in this Spending Review period alone. We want everyone working in rail, be it management or front-line roles, to be involved in all of these reforms. If rail can deliver savings by cutting costs and growing demand there is real potential to grow jobs in a crucial and vibrant industry. Network Rail is rightly taking steps to reform corporate governance – including its management incentives package – so that it is more accountable to passengers and freight customers. We welcome its commitment to appointing a Public Interest Director, to ensure the interests of taxpayers are articulated during board discussions. Network Rail is also giving greater decision-making powers to its regional Route Directors, making it more responsive and more focused on operations. The history of Britain’s railways means that for far too long the industry and Government have obsessed about who pulls the levers rather than why. This Command Paper is about placing the passenger back at the heart of everything the rail network is about. By working together on this package of reform, I believe industry, regulator and Government can generate the savings and change we need so that we can all look ahead to a network that not only conveys passengers safely, quickly, punctually and in comfort but one that is affordable and efficient.
The Right Honourable Justine Greening MP Secretary of State for Transport
6 Executive summary
Executive summary
1. Britain’s railways are at a turning point. They are still among the most expensive in Europe – for the taxpayer and for the passenger – in spite of the strong and steady growth in the number of passengers using our railways. And the significant improvements in reliability and safety seen in the last decade have come at a price. 2. Reform is urgent because passengers want to know that we have a plan to end the lengthy period of inflation-busting fares seen over recent years. Meanwhile, taxpayers want to see railway subsidy reduced to contribute to the pressing task of cutting our fiscal deficit. Added to these demands are the need to attract investment in UK infrastructure to secure economic growth and the ever-present challenges of climate change and traffic congestion. 3. Fortunately, we are in the best position for many years to consolidate recent gains while driving further improvements in the passenger experience, industry efficiency and performance. The process that will decide rail outcomes and funding for the five-year period from 2014 is now gearing up, at the same time as we embark on the biggest round of franchising since the privatisation of the industry. We are also on the point of pushing ahead with HS2 and Crossrail, both of which have changed expectations about the investments we are capable of delivering. 4. That is why we are publishing this Command Paper now, to set the agenda for the decisions we and the industry must take over the months ahead. 5. While promoting and protecting the achievements of recent years, we will now focus the industry on collaboration to achieve world-beating excellence in efficiency and in serving its customers – the taxpayer, passenger and the freight industry. Only by making sure everyone in the industry has clear objectives and aligned incentives will we be able to secure our objectives. Partnership working and driving behavioural change in the industry will be at the centre of our strategy for securing the savings we want. 6. Reform must deliver against four objectives:
●● securing value for the passenger, addressing concerns about rail fares and the impact they have on hard-pressed families – by ending inflation- busting increases in average regulated fares at the earliest opportunity and introducing new ticketing technology;
7 Reforming our Railways: Putting the Customer First
●● dealing with the fiscal deficit, putting public finances on a healthier and more sustainable footing for the long term – by aggressively searching out savings and sharing these savings with the taxpayer;
●● supporting economic growth – through continued taxpayer investment for passengers and freight, to enhance capacity, connectivity and service quality where this is affordable and provides value for money, and by providing industry with the opportunity to invest in improving our railways; and
●● delivering our environmental goals – by reducing carbon emissions from trains and stations and by encouraging passengers to use the train rather than their car. 7. The rail industry is not broken. The case for a further round of major structural change, impacting safety, performance and cost as the industry struggles to adjust, has not been made. But the industry must continue to evolve. It remains unacceptably inefficient. 8. This Command Paper sets out our ambitions for Britain’s railways. We look to industry, already pushing for better alignment between track and train, to bring forward partnerships equipped and incentivised to drive the efficiency agenda. We welcome Network Rail’s work to find new and more efficient ways of managing its assets, including long-term concessions to third parties for the management of parts of the network. We want to move towards an Office of Rail Regulation (ORR) empowered to pursue whole- industry efficiency. Train operators must improve their efficiency in ways that are visible on the bottom line. And we want to see continued investment in rail enhancements – including electrification, high speed rail, rolling stock and stations – where it delivers value for money and supports the continued and sustainable growth of the industry and the economy. 9. This Command Paper sets out how we will use all of the tools at our disposal to achieve our objectives. Franchises will be more flexible to exploit opportunities for growth and efficiency, while our High Level Output Specification, to be published later this year, will set out how we will boost capacity and deliver environmental benefits through electrification. Passenger and freight operators will be rewarded by incentive schemes that will help to deliver substantial savings and act as a spur to develop smarter and more effective industry alliances. We will help the ORR to develop its role in relation to improving the passenger experience. We will use our fares review to deliver smart ticketing technology and a more flexible fares system that, in turn, make better use of existing rail capacity by spreading demand more evenly over the day. 10. The Command Paper sets out how our partners are changing. Network Rail is leading governance reform and decentralisation to ensure the company is focused on delivering for the customer and rewarded appropriately when it does. The rail industry, led by the Rail Delivery Group, has declared itself willing and able to respond to Government’s strategic challenges. Train operators will have the flexibility to deliver what passengers want, within a sustainable budget. And the ORR will serve the passenger and taxpayer by driving relentlessly for efficiencies.
8 Executive summary
11. We believe that, as a minimum, efficiencies worth some £2.5 billion by 2018/19 are achievable – the low end of the efficiency gap identified in Sir Roy McNulty’s Rail Value for Money Study. However, the industry can and should deliver more than that. Our strategy is to incentivise the industry to entirely close the £3.5 billion efficiency gap by 2019. The High Level Output Specification and Statement of Funds Available, which we will publish by July 2012, will set out our plans in more detail. 12. While efficiencies are crucial, they do not mean that our goal is a subsidy-free railway, limited only to profitable services. There will always be a strong case for subsidy to secure services which deliver wider social, environmental and economic benefits but which would not be commercially viable without taxpayer support. 13. To ensure success, the whole of the rail industry – track and train, management and workforce – must now work together better, with a strong shared incentive to reduce costs and improve services for passengers and freight users. The challenges are clear, and it is right that the leadership for tackling them should come jointly from industry and Government. This collaborative approach has meant that Government, the ORR and industry are already pressing ahead with measures to deliver better value for money. Reform is under way and savings are already being delivered.
9 1. Introduction
The Command Paper – purpose and context 1.1 This Command Paper sets out the Government’s vision for the railways, alongside the policies that are needed to realise that vision. Making life better for customers – both passengers and freight users – is at the heart of our approach. We must also help to reduce the demand on taxpayer subsidy, ensuring that the railways are financially sustainable in the longer term and can contribute towards the country’s economic growth and environmental goals.
1.2 The geographic scope of this Command Paper is England and Wales. Setting a rail strategy for Scotland is a matter for the Scottish Government. Scottish rail services are therefore not directly covered by this document, except for areas relating to safety and standards, and cross-border services specified by the Department for Transport (DfT). We will continue to work closely with the Scottish Government towards our shared goal of successful and efficient railways.
1.3 This Command Paper sets out the Government’s overall objectives, as well as the way it intends to work with the industry and others to secure significant reductions in the railway’s cost base, while at the same time improving the railway for passengers and freight customers. A key challenge is to get the two elements of the rail industry, track and train, working better together with a shared incentive to reduce costs and improve services for passengers and freight users.
1.4 This Command Paper considers the findings and recommendations set out in Sir Roy McNulty’s independent Realising the Potential of GB Rail: Report of the Rail Value for Money Study. Furthermore, it provides the policy framework in advance of Government announcements by July 2012 on:
●● the rail outputs that Government wishes to specify for the five-year period 2014–19 (the High Level Output Specification, or HLOS); and
●● the money available to do that (the Statement of Funds Available, or SoFA).
10 1. Introduction
1.5 The Command Paper is published as the Office of Rail Regulation (ORR) takes forward its 2013 Periodic Review of Network Rail’s funding and the incentives for the whole rail industry. It follows in the wake of the whole rail industry’s Initial Industry Plan1 for delivering a better and more cost-efficient railway from 2014 to 2019.
1.6 The Command Paper also comes near the beginning of an intensive period of re-letting franchises for railway services, heralding a radical change of approach in the way that the Government specifies train services for passengers.
A vision and a purpose for rail 1.7 This Government’s vision is for a transport system that is an engine for economic growth, is more environmentally sustainable and improves quality of life within our communities. In that context, the railway must:
●● offer commuters a safe and reliable route to work;
●● facilitate an increasing amount of business and leisure travel;
●● support regional and local public transport as a key means of connecting communities with public services, workplaces and other economic opportunities; and
●● transport millions of tonnes of freight around the country, relieving congestion on our road network and helping to meet our environmental goals.
1.8 On average, rail is greener than current road-based forms of transport and aviation, and safer than road. So modal shift from road and aviation to rail can help reduce transport’s carbon emissions and (from road) improve safety. For these reasons, Government seeks to accommodate an increase in rail travel where that is practical and affordable by providing for extra capacity. The challenge for the railway is to ensure it maintains its environmental advantage over other modes through more efficient operating practices and the sensible application of existing and new technologies.
A more efficient railway 1.9 Nevertheless, the Government’s first priority since taking office has been to reduce the fiscal deficit and put the nation’s finances on a more sustainable footing, setting out clear and credible deficit reduction plans that will reduce debt as a proportion of the UK’s GDP.
1.10 In 2010/11, rail cost the taxpayer around £3 billion per year and charged the farepayer more per mile on average than most other European railways. Sir Roy McNulty and the ORR have identified significant potential for improved value for money. Over the coming years, our ambition is to reduce the cost of the railway and improve value for money both for passengers and taxpayers (Figure 1.1).2
1 Initial Industry Plan – England and Wales – Proposals for Control Period 5 and beyond – September 2011 – available from http://www.networkrail.co.uk/iip.aspx 2 The subsidy figure is for England and Wales only.
11 Reforming our Railways: Putting the Customer First
Figure 1.1 Farepayer and taxpayer contributions to GB rail since 1989/90
14 60%
12 50%
10 40% 8 30% 6 20%
£bn, 2009-10 prices 4
2 10%
0 0%
89/9090/9191/9292/9393/9494/9595/9696/9797/9898/9999/0000/0101/0202/0303/0404/0505/0606/0707/0808/0909/10
Net Government Support Total Passenger Revenue Government Support as % of Total
Source: National Rail Trends, DfT statutory accounts, TOC statutory accounts
1.11 As significant savings are made as a result of the reforms announced by this Command Paper, we will reduce and then put an end to above-inflation rises in average regulated fares, as well as relieving pressure on taxpayer funding. As a first step, the Government has listened to passengers’ concerns about the impact of such increases on family budgets by keeping the increase in regulated rail fares to an average of RPI+1% for 2012.
1.12 We want a railway that in time covers more of its own costs and in which the extra revenues from higher demand play an increasingly important role in enabling continued investment in the network.
1.13 The Rail Value for Money Study points towards a range of barriers to efficiency and value for money that need to be addressed if the financial gap is to be closed. It sets a challenge of reducing unit costs by 30% on 2008/09 levels by 2018/19, without reducing the coverage of the network or increasing fares beyond what has been planned.
1.14 Nonetheless, the Government will not risk any steps that reverse the improvements over recent years on safety, performance and other areas. While some areas of reform covered in this Command Paper are indeed radical in their outlook, they do not envisage a fundamental restructuring of the rail industry or the rail network.
1.15 There will always be a strong case for subsidy for services which deliver wider social and economic benefits but which would not be commercially viable without taxpayer support. Like Sir Roy McNulty, we believe the rail
12 1. Introduction
industry needs to reduce costs in order to earn future growth: to continue to expand capacity and services for passengers and freight users.
Investing in our country’s future 1.16 We predict significant growth in passenger demand into the future.3 Estimates for demand growth by 2030, based on current GDP trend forecasts and fares policy, are set out in Table 1.1 and are split by the three main passenger rail sectors. Some of this growth could be accommodated by making more efficient use of our existing railway infrastructure and rolling stock, such as by running more trains or encouraging passengers to travel at less congested times of the day. It is likely, however, that substantial investment in infrastructure capacity, particularly on inter-urban, London & South East routes and major city commuter routes will be needed.
Table 1.1 Growth in passenger miles from 2011
2020 2026 2030 (%) (%) (%)
London & South East 17-21 28-34 34-42
Long distance 22-28 39-49 50-63
Regional 8-10 16-20 19-24
Total (average) 17-21 29-36 36-46
Source: Network Modelling Framework (NMF) – estimates based on model runs conducted in October 2011. Lower values in the ranges provided are based on an average of 20% lower than current forecasts. The range of regional forecasts is based on a 10% range around the NMF central case.
1.17 We have therefore allocated funding for the following:
Additional capacity into cities at peak times
●● to provide around 2,700 new carriages4 for the rail network, of which around 1,800 will represent additional capacity, including extra peak capacity into London, Birmingham, Leeds, Manchester and other major cities;
●● to expand light rail in Manchester, Birmingham and Nottingham;
●● to deliver a major upgrade of the Tyne and Wear Metro; and
●● to complete Crossrail and Thameslink.
3 Forecasts are best estimates of likely future demand, based on modelling work. They involve considerable uncertainty, and are therefore expressed as a range. 4 The 2,700 new carriages include additional carriages for Crossrail, Thameslink, the InterCity Express Programme and the 2007 HLOS extra carriages programme.
13 Reforming our Railways: Putting the Customer First
Additional capacity on other parts of the railway
●● to deliver the Swindon to Kemble re-doubling; and
●● to continue delivery of the Strategic Freight Network, for example to provide further freight paths on the key route between Felixstowe and Nuneaton for deep-sea container traffic.
Faster journey times, more frequent trains, and through journeys
●● a major redevelopment of Reading station, unlocking additional capacity, helping to reduce journey times, and improving performance on the Great Western Main Line;
●● for London Underground to deliver a 30% increase in peak capacity across its network, and enabling a link between the Metropolitan Line and Watford Junction (as announced in December 2011);
●● for Transport for London to complete an orbital rail link for London, extending the East London Line to link Highbury and Islington in North London to West Croydon in South London and providing a direct connection from Surrey Quays to Clapham Junction;
●● delivering the Ordsall Chord project in Manchester and (subject to the agreement of an appropriate local funding contribution) a new rail link between Oxford and Bedford, and Milton Keynes and Aylesbury; and
●● completing the Intercity Express Programme, improving reliability, comfort and journey times on the East Coast and Great Western Main Lines.
A more cost-efficient, lower carbon railway
●● carrying out electrification on the Great Western Main Line, in the North West of England and on the Manchester–Leeds–York TransPennine route.
More reliable journeys and a better passenger experience
●● increased capacity and improved passenger experience through major redevelopments of London King’s Cross and Birmingham New Street stations;
●● a national programme of station improvements (NSIP), focused on stations with high footfall and low passenger satisfaction;
●● enhancing access to stations through the Access for All programme;
●● improving the resilience of the rail network to winter weather; and
●● establishing a dedicated taskforce to target metal theft and the disruption to rail services that it causes.
1.18 Collectively, these projects will deliver huge benefits to the UK, but even this extensive programme will not be enough to meet the long-term transport needs of our economy. The key strategic investment for the national transport network over the medium to long term is a national high speed (HS) rail network. The Government has recently announced its plans for HS2 – a network stretching from London to Birmingham, Manchester and Leeds, including stations in the East Midlands and South Yorkshire, as well as connections to Heathrow and HS1. 14 1. Introduction
1.19 HS2 will deliver the connectivity and capacity on Britain’s major north–south lines that our economy will need for sustainable growth. It will also form the basis of a potential wider network to other parts of Britain. Further public consultations on several aspects of HS2 will be undertaken over the coming months. These will include consultation on property and blight provisions and on route and station options for the lines from the West Midlands to Leeds and Manchester.
1.20 Central to the case for HS2 is the impending capacity challenge faced on our railways. For example, Network Rail has forecast that by the mid-2020s all capacity for additional or lengthened services on the recently modernised West Coast Main Line will have been exhausted. The new national high speed rail network will deliver a substantial increase in rail capacity to meet rising demand not just for long-distance rail travel, but also for commuters, releasing capacity and easing overcrowding on the existing railway. Attempts to upgrade existing lines further would be extremely disruptive to passengers and freight and yield only a fraction of the benefits of HS2.
1.21 HS2 will create employment, spread prosperity and transform the way that our businesses work and compete. It could reshape our economic geography, regenerate our urban centres and support economic growth in the major cities of the Midlands and the North. By significantly reducing journey times between Britain’s major cities, it will address long-standing connectivity gaps: for example, it is currently as quick to travel from London to Brussels as it is from Birmingham to Leeds.
1.22 HS2 has a vital role in addressing the capacity challenge faced on the railway over the coming decades, as well as in meeting Government’s broader objectives for the railway as set out in this Command Paper. By supporting our rail network to deliver the necessary capacity and connectivity, HS2 helps to ensure the long-term sustainability of the railway and strength of the UK’s economy.
15 Reforming our Railways: Putting the Customer First
2. A better deal for passengers
Introduction 2.1 In recent years, most passengers will have seen improvements in services, with performance and safety rising since the start of the millennium. This has been accompanied by significant investment in the railway to deliver improvements in facilities, service frequency and journey times.
2.2 However, most passengers would recognise that there are many more improvements that could and should be made. In particular, while the range of cheaper ‘advance fares’ has widened, overall fare levels have been growing faster than inflation for some years, stretching family budgets. Overcrowding continues to be an issue on too many services, and the punctuality and reliability of services has been a cause for concern.
2.3 This chapter sets out how rail reform can make life better for passengers. It explains how a number of measures, such as the better alignment of industry incentives, should produce tangible benefits for users of the railway.
Relieving the fares burden 2.4 When the railways were privatised, it was envisaged that the real-terms cost of fares would decrease over time. The initial level of annual increases for regulated fares was set at RPI, then at RPI–1% from 1999. However, a review of fares in 2003 concluded that, in light of rising levels of demand for rail transport, and the consequent need for rail investment, this rate should increase to RPI+1% from 2004 onwards.
2.5 Fares play a vital role in funding the railway, enabling Government to take forward much-needed improvements. In October 2010, the Government announced that it would increase the cap on regulated fares by RPI+3%, for three years, beginning from January 2012 to help pay for essential investment in the network, including over 2,700 new carriages and a major electrification programme, while managing the pressure on the UK’s finances created by the substantial subsidy for rail. However, we recognise passengers’ serious concern about rail fares and the impact of higher than expected inflation on family budgets. The Chancellor’s Autumn 2011 Statement therefore secured additional funding to keep the increase in regulated fares to an average of RPI+1% for 2012, as well as enabling investment even over and above that already planned as part of the Spending Review.
16 2. A better deal for passengers
2.6 It is fair that passengers should continue to contribute to the cost of major investment in the network which makes services faster, more frequent, more reliable and more comfortable. One of the reasons why it is absolutely essential that the excessive cost of running the railways comes down is to give passengers better value for money as we make these investments. Continuing real-terms increases in fares indefinitely into the future could also have negative consequences for social inclusion, the wider economy and the competitiveness of the UK’s cities.
2.7 The broad package of reforms outlined by Government and industry is designed to reduce the cost-base of the railway and its impact on the public finances. Passengers should share the benefits of this. We will reduce and then end above-inflation rises in average regulated fares, as soon as the impact of cost saving measures and improvement in the wider economic situation permit. It will be impossible to deliver this goal without bringing down the cost of running the railways because the fiscal position demands that the high levels of subsidy over recent years are reduced.
Availability of low fares Government protects passengers by regulating certain types of rail fares, including commuter fares. This restricts the amount by which train operators can increase fares each year. However, one of the major successes of the privatised railway is the way some train operators have applied budget airline style pricing models to unregulated book-ahead advance fares in a way that helps them fill empty seats and offers passengers some very good deals. On longer-distance journeys, passengers who are prepared to book ahead and commit to a particular train service can take advantage of some of the lowest fares in Europe – such as £16 from Birmingham to Edinburgh or £12 from London to Manchester. Book-ahead fares generally become more expensive closer to the date of travel.
Building new capacity to address overcrowding 2.8 The continuing rise in the number of passengers using the railway is welcome. However, while passenger growth is an indication of the railway’s success, it can also have an obvious downside for passengers if it leads to excessive crowding. A reduced industry cost-base will unlock future investment in the railway and make it easier for both Government and the industry to take steps to tackle the crowding that is a key concern for so many commuters into and out of our major cities.
2.9 One of the best ways of improving passengers’ journeys is to procure train and (if required) network capacity increases where demand forecasts suggest it is most needed. This will be a key consideration in preparing the Government’s High Level Output Specification. Government is driving the largest programme of rail capacity upgrades since the Victorian era, targeting funding at major improvements to reduce overcrowding. The main improvements are listed in the introductory chapter.
17 Reforming our Railways: Putting the Customer First
Reviewing fares and ticketing 2.10 Government believes that rail capacity expansion is an essential part of our strategy to address crowding on the network. However, it is not a solution on its own. We need to deploy a range of measures if we are to use our current capacity as efficiently as we can. Providing additional capacity to accommodate demand at the busiest times generally does not cover its costs because it tends to be only used lightly at other times of the day.
2.11 The Rail Value for Money Study highlighted that current fares structures do not support a more efficient use of rail capacity. For instance, certain jobs provide sufficient flexibility so that commuters could, if they chose to, sometimes travel outside the high peak hour. Many people are not able to change the time they travel. However, for those who can, the current season ticket system provides no financial incentive to do so. Failing to optimise the use of capacity means we may be placing more strain – and more costs – on the network during ‘peak’ periods than are really necessary. For instance, if demand on commuter routes could be ‘smoothed’, even within the 7–10am and 4–7pm periods, this could postpone the need for some of the new trains and infrastructure that are likely to be required in future years.
2.12 Furthermore, there is real scope to make the process of buying a ticket easier and more user-friendly. Ticket machines are not able to sell the full range of tickets and do not currently offer sufficient information about ticket restrictions. As a result, passengers buying tickets for unfamiliar journeys are not always confident they have bought the most appropriate ticket for their journey. Also, to date there has been limited opportunity for rail passengers outside London to benefit from new smart ticketing options.
2.13 Last summer, Government announced that it would accept Sir Roy McNulty’s recommendation to conduct a review of fares and ticketing. Alongside this Command Paper we are publishing the terms of reference for this review and seeking views on a number of fares and ticketing issues with a view to moving towards a more transparent, modern and flexible approach.5 The rest of this section sets out some of the principles that will underpin our approach in the fares and ticketing review.
Smart ticketing
2.14 Government supports the introduction of smart ticketing technology, such as smart cards, to tackle industry costs, manage demand and make travelling by rail more attractive to passengers. Train operators are already introducing smart ticketing and smarter ways of purchasing tickets. We will specify the use of smart ticketing technology in franchise agreements as they come up for renewal.
5 Department for Transport – Rail Fares and Ticketing Review: Initial Consultation – March 2012 – available from www.dft.gov.uk
18 2. A better deal for passengers
Smart ticketing on our railways
●● South West Trains introduced the first smartcard system on the UK rail network in 2008.
●● In October 2011 Southern opened ‘the key’ – a smart ticketing pilot scheme – trialling it with 100 users on the Brighton to Seaford line.
●● London Midland introduced its version of ‘the key’ for selected tickets on selected routes into Birmingham Snow Hill from January 2012.
●● East Midlands Trains launched its ‘stagecoach smart’ ticketing scheme on a limited basis between Derby and St Pancras in 2011 and is progressively expanding the scheme across its smart-enabled network.
2.15 Smart ticketing should allow passengers to benefit from greater convenience in buying tickets through new retail channels. This might include loading tickets onto smart media (e.g. smart cards and smart phones) at home or at station ticket barriers, or auto-renewing tickets by direct debit. Passengers could also benefit from a better range of products, such as flexible carnets or ‘smart’ season tickets that are more suited to their needs. These kinds of new products can deliver benefits that go beyond the purely economic. For example, the season ticket geared around a standard working day and a Monday to Friday working pattern does not best serve the needs of the many people, particularly women, who work part time. Those who work flexible hours (for example where they have caring responsibilities for children or elderly relatives) could benefit from carnets or smarter season tickets.
2.16 Smart ticketing could offer enhanced information to help passengers make informed choices. The technology can allow operators to offer passengers much more personalised travel products. It is also a pre-requisite for the intelligent management of demand – it will provide the insight and products to help spread demand more evenly across the day, making the railways more financially sustainable, benefiting passengers overall.
Funding for smart ticketing The Chancellor’s 2011 Autumn Statement announced £45 million to support the roll out of smart ticketing across the South East. We are working with operators on installing equipment so that existing season ticket products can start to be transferred to ITSO smart ticketing on some routes in London and the South East from January 2013, and to develop new flexible and more tailored season ticket products for use on ITSO smart ticketing by as early as 2014 on some routes.
19 Reforming our Railways: Putting the Customer First
2.17 A switch to smart and greater self-service purchasing potentially means that the very high costs associated with retailing can be reduced. Operators would benefit from more accurate data about usage, using this to introduce a broader range of products and to improve the settlement of fares between rail companies.
2.18 Transport for London’s (TfL) Oyster card has been a resounding success and has delivered the benefits of smart ticketing to millions of passengers – including the convenience and reassurance of daily fare capping on Pay As You Go. Oyster technology is evolving with the prospect of contactless bank card ‘wave and pay’ payments in the future. However, this type of technology has limitations. For example, it cannot store the wider range of tickets available on the national rail network (such as seat reservations and first class tickets). Moreover, passengers are unlikely to be comfortable with using Pay As You Go for long-distance journeys with more expensive tickets. Impressive though Oyster is, it is not best suited to meet the requirements of the broader rail network.
2.19 Government has specified the use of ITSO compliant ticketing in new franchises. The ITSO specification allows smart ticketing schemes across the country to be interoperable between train operators and integrated with other modes of public transport.
2.20 Approximately 60% of rail travel in the UK starts in, ends at or crosses London, so it is vital that London is capable of accepting ITSO smartcards. DfT, working with TfL, is funding a programme to enable the Oyster infrastructure to accept ITSO smartcards by 2014. This will allow passengers to travel to, from and through London using a single ITSO smartcard or product.
Buying tickets
2.21 Research by Passenger Focus and others has found that many passengers find the process of purchasing a ticket confusing. We need a more user- friendly ticketing system that communicates fares information to passengers in a straightforward way, so that they can confidently select the most appropriate fare for their journey.
2.22 Technology is changing the way people buy tickets. Over the last six years, the proportion of tickets sold through ticket machines has risen from 11% to 20% and online from 7% to 17%. Meanwhile the proportion of tickets sold from ticket offices has fallen from 44% to 34%.6 Research by Passenger Focus has found that, for 91% of passengers queuing at a ticket office, the ticket they wanted to purchase was available for purchase from a ticket machine, with in many cases shorter waiting times.
6 Source of data: Association of Train Operating Companies LENNON ticket database.
20 2. A better deal for passengers
2.23 Train operators are already working on improvements to self-service ticket machines, but there is more that can be done. Increasing passenger confidence in buying tickets from a machine or online will play an important role in reducing the industry’s cost base and offering better value for farepayers and taxpayers. The changing ways people buy tickets and the expansion of internet retailing and smart ticketing does require a fresh look at the regulation of ticket offices and retailing arrangements.
2.24 We recognise that passengers can feel very strongly about ticket office opening hours, not least because they value the face-to-face contact with a member of staff. Smart ticketing, online sales and ticket machines offer an increasingly attractive alternative for many passengers. Before we could agree to change we would need to be confident that passengers would continue to enjoy ready access to ticket buying opportunities. The needs of older and disabled people would have to be carefully considered including options for access to ‘assisted purchase’ channels for those who may find it particularly difficult to use a ticket machine or to buy online. We also believe that linking ticket sales with other retail opportunities could be a good way to improve passenger choice. The Merseytravel approach, which has seen ticket offices turned into shops, is an interesting idea that has the potential for broader development. Passengers might also value the convenience of being able to buy tickets from local shops or post offices (as is currently possible with Transport for London tickets, which are made available at Oyster Ticket Stops).
2.25 We recognise that, for many passengers, the presence of railway staff is an important part of feeling safe on the railway, particularly in the evenings. As demonstrated by London Underground, the absence of staffed ticket offices does not necessarily mean a reduced staff presence on the station and can often free up staff to be out moving around the station itself, helping passengers as required rather than behind a ticket office window.
2.26 Any proposals to change ticket office opening hours are currently considered on their own merits, including consideration of security concerns if applicable. As ticket buying habits change, we expect train operators to consider how best to deploy their station staff to provide the most benefit to passengers while reducing costs and providing a safe environment. Our fares and ticketing review will consider whether the current structures and systems facilitate this, including considering the process for changes to ticket office opening hours.
Fares
2.27 Government believes that there may be a case for aligning fares more closely with the more efficient usage of the network, to help make our railways more financially sustainable and spread demand more evenly across the day. The fares and ticketing review will consider this issue.
21 Reforming our Railways: Putting the Customer First
2.28 While we reject the idea of using demand management to price people off the railways, we need to look seriously at the possibility of rewarding passengers who do not travel on the most crowded trains, and asking those passengers who drive the need for capacity enhancements by travelling at the busiest times to pay more over time for their journey by comparison. Ultimately any change should benefit passengers, taxpayers and employers. It would require a cultural shift, because many commuters do not, or do not yet, enjoy the ability to work flexibly that would allow them to take advantage of cheaper fares on less busy trains.
2.29 This is particularly important in commuter markets where there is crowding on a relatively small number of peak services, while other peak services are less crowded and many off-peak services run with low passenger numbers.
2.30 The fares and ticketing review is not about squeezing more revenue out of regulated fares. It is about the structure of fares – what one group of passengers is asked to pay compared to another. Any changes to regulated fares would need to be balanced and fair so that rail travel remains affordable for as many people as possible. Furthermore, any changes that resulted in some passengers paying more would obviously require very careful consideration.
Improving performance and dealing with track closures 2.31 Passengers reasonably expect their journeys on the railway to be punctual and reliable on a day-to-day basis. Research by Passenger Focus has repeatedly highlighted the fact that disruption to services significantly affects passenger satisfaction with the railway. Particular concern surrounds bus substitution. Weekend track closures and their impact, particularly on Sunday services, is clearly a cause of frustration for many passengers.
2.32 Maintaining a safe railway and delivering the infrastructure improvements that passengers and freight users want inevitably involves temporary track closures and associated inconvenience for passengers. There will always be difficult trade-offs to make between the benefit to passengers and freight users of pressing ahead with upgrade programmes quickly and cost- effectively, and the disadvantage in terms of service disruption. Mechanisms already exist to compensate and incentivise train operators and Network Rail to achieve the right balance, and the Office of Rail Regulation is reviewing these as part of Periodic Review 2013.
2.33 Network Rail has a regulatory target (which it is currently outperforming) to reduce the disruption that its engineering works cause to passenger services by 37% by 2014 from a 2008 baseline. Moreover, the Association of Train Operating Companies, jointly with Network Rail, announced in December 2009 a package of measures to reduce the use of bus substitution on key routes.
22 2. A better deal for passengers
2.34 However, replacement bus services continue to cause irritation and inconvenience for passengers so we want to ensure that further progress is made. We believe that the proposals set out in Chapter 4 of this paper for alliancing and shared incentives between track and train will go further to ensure the trade-offs on engineering works are made efficiently and that every effort is made to minimise disruption for passengers and freight users, putting more emphasis on keeping Sunday services running and reducing the use of bus substitution.
2.35 Train services have improved considerably over recent years. There has been a 10% punctuality improvement since 2004, although performance has levelled out over the last two years and now stands at 0.5% behind the trajectory for further improvement. Government will set out in its High Level Output Specification (HLOS) by July 2012 the level of performance it expects to see in Control Period 5 (2014–19). In doing so, it will need to consider the interaction between different performance objectives, such as punctuality, reliability and frequency of service, and their interaction in turn with other important outcomes such as increasing capacity, improving journey time, and reducing cost.
Preventing cable theft In recent years, as global copper prices have risen, the theft of copper cables from the UK railway has become increasingly frequent. This has generated significant costs for Network Rail (£43 million over the past three years in repair costs and to compensate train firms for delay) and has resulted in massive disruption for passengers and businesses. The British Transport Police already has a dedicated team of officers working full time on the problem and, working with Network Rail, has been taking steps to protect vulnerable assets, including additional physical security measures and forensic marking. To support these measures, the 2011 Growth Review committed £5 million to establish a dedicated taskforce to target metal theft through increased enforcement activity. Government will be introducing legislation to prohibit cash payments for scrap metal and to significantly increase the penalties to punish unscrupulous scrap metal dealers. Further measures will be brought forward in due course.
23 Reforming our Railways: Putting the Customer First
Specifying to meet passenger interests 2.36 More flexible franchise specifications, combined with longer franchises and the reform of incentives, will give train operators room to respond to changes in passenger demand. Within this more flexible framework, however, we will ensure that different locations remain adequately served. We will also mandate the standards of reliability and punctuality that must be achieved. Failure to meet these standards could lead to default and termination of the franchise.
2.37 This alone is not enough to protect passengers’ interests with respect to service quality and passenger satisfaction. So a further way in which our new model franchises will protect passenger interests is by requiring train operators to deliver service quality commitments on key service aspects such as stations. Our aim is to ensure that the interests of train operators are better aligned with those of their passengers. The needs of passengers vary between franchises, and between train services, so the exact nature of the outputs we require will vary. As an example, the InterCity West Coast franchise Invitation to Tender includes minimum outputs to be achieved based on passenger satisfaction scores for stations, trains and customer service, along with required performance targets. Prospective franchise bidders should consider mobile communications and will be expected to work with mobile network operators and the telecommunications industry to consider methods for improving seamless voice and data mobile communications along their routes.
Devolving decision-making to sub-national bodies 2.38 The Rail Value for Money Study’s final report identifies potential benefits from greater local involvement in decision-making relating to regional and local railways, and makes the case for further consideration of this.
2.39 The devolution of more decision-making powers from central to local government, on which we are consulting alongside this Command Paper,7 would give local, democratically accountable bodies a greater say over local services, allowing a stronger input from local passengers than may occur with central and more remote decision-making.
2.40 Deployed in the right place, devolution could enable better planning of investment. For example, it may help to ensure that small-scale enhancements are aligned effectively with local passenger needs. It could also allow for the closer integration of rail with other modes of transport where appropriate, for example by allowing greater flexibility in aligning train service times and stopping patterns with local requirements. However, for a devolution proposal to succeed, we would need to be confident that the interests of different passenger groups in different geographical areas were going to be appropriately protected.
7 Department for Transport – Rail Decentralisation – March 2012 – available from www.dft.gov.uk
24 2. A better deal for passengers
2.41 At the same time, as discussed in the next chapter, devolution within Network Rail will focus the organisation on day-to-day operations, allowing it to work more closely with train operators to identify and exploit local opportunities for improving services. Network Rail will still need to plan and develop the network to enable seamless operation.
Improving voice and data communications for rail passengers Passenger satisfaction with mobile services while travelling by train is markedly lower than at stations reflecting the fact that mobile phone coverage and access to data communications across the rail network are patchy. Technological advances and the increasing use of mobile devices are leading to rising passenger expectations in these areas. We want to achieve a high quality mobile data and voice network with near-universal coverage of voice and data mobile services, and seamless connectivity through the journey, on all major transport links. Government is determined that any barriers to delivering improved mobile communications services are removed. Network Rail, Ofcom, transport operators, and mobile service providers are well placed to lead in this area, but Government will consider more direct intervention if required.
The role of the regulator
Improving contract management and enhancing the role of the Office of Rail Regulation (ORR) in passenger protection
2.42 It has long been established that regulation is required in the rail sector to protect the essential interests of passengers and freight users. The ORR already regulates Network Rail. However, it is also important that there is a regulatory regime which is tough on train operators that abuse their market position or indulge in anti-consumer behaviour.
2.43 The franchise agreement has historically been a key mechanism for regulating train operators’ behaviour. Nonetheless, contract management of franchises has become overly bureaucratic. The rigidly defined contracts let in the past have left franchisees with little flexibility as to how outputs should be delivered. This shifts the focus of train operators on to complying with highly specific wording or targets, which may have been drafted more than a decade ago, rather than doing their best in the prevailing situation to deliver on the issues that matter most to passengers.
2.44 We are therefore adopting a more flexible approach to franchise contracts, with a shift from detailed inputs to broader outputs focused on passenger satisfaction. We are also working to streamline the way franchises are managed, taking a more proportionate and efficient approach, with a clearer recognition that train operators are mature businesses with an interest in serving the interests of their passengers.
25 Reforming our Railways: Putting the Customer First
2.45 However, Government believes there are clear benefits to be gained from moving towards a more unified regulatory structure for the railway. We set out the options for starting this process in the consultation document A Greater Role for ORR Regulating Passenger Franchisees in England & Wales,8 which we launched jointly with the ORR in December 2011. This consultation has now closed: Government and the ORR will publish conclusions in due course.
2.46 Our immediate focus will be on bringing together those areas of rail regulation which impact most directly upon the passenger experience. That is why we are proposing to move responsibility for issues such as the monitoring of passenger complaints handling processes to the ORR and exploring the potential to give the ORR a role in relation to train operator performance. These reforms would ensure that passengers could look to a single organisation with a clear responsibility for protecting their direct interests. Over time our ambition is to progressively move the ORR to the heart of whole industry efficiency and performance, taking Government out of day-to-day industry business.
Improving passenger information during disruption
2.47 The severe weather in November and December 2010 highlighted serious failings in the provision of information to passengers. In the words of Passenger Focus: “Too many passengers experience patchy, inaccurate or conflicting information – and some get none at all. It shines through that having accurate, consistent information is vital, irrespective of the information channel used, whom you ask or where you ask. It seems extraordinary to passengers that in our modern communications age this is apparently so difficult to achieve.”9
2.48 New technology has the potential to improve passenger access to rapid and reliable information flows about service disruption. However, more timely action is required to make progress. As a result, the ORR, following consultation, has decided to place new obligations in the licences of train operators, Network Rail and station operators requiring them to ensure that passengers are in future provided with accurate and timely information during periods of disruption.
8 Office of Rail Regulation and Department for Transport – A greater role for ORR regulating passenger franchises in England and Wales – December 2011 – http://www.rail-reg.gov.uk/upload/pdf/regulator_role_consultation_dec2011.pdf 9 Passenger Focus – Rail Passengers’ Experiences During the Snow – 2011 – available from www.passengerfocus.org.uk
26 2. A better deal for passengers
London Midland Twitter service London Midland has developed a Twitter service to provide passengers with accurate and complete information about train services during disruption. The train operator’s customer service staff tweet information about delays and cancellations, including advice about alternative routes and using tickets on alternative services. The service is two-way, with the public receiving immediate responses if they tweet in with queries about disruption. The service won a rail industry award in 2011 for its innovative approach to customer relations.
2.49 Government welcomes the ORR’s plans, due to come into place in March 2012, which will ensure that the whole industry is working together to deliver the best possible passenger information. The travelling public rightly expects to be given this information, and operators who believe in great passenger service should welcome the new licence condition. Better information for passengers is covered in more detail in Chapter 5.
27 Reforming our Railways: Putting the Customer First
3. A more strategic role for Government
Introduction 3.1 If our railway is to function efficiently and effectively, we need clear leadership from the Government, the Office of Rail Regulation (ORR) and the whole industry. We also need clarity about their respective roles. Under the last Government, control over the railways became more and more concentrated in Whitehall. This needs to change if we are to reduce the cost of running the railways and deliver better value for money and better services for passengers. This chapter sets out how that change will happen.
3.2 The Railways Act 2005 requires the Secretary of State to set out:
●● what she wants to be achieved by railway activities (the so-called High Level Output Specification, or HLOS); and
●● the public financial resources that are or are likely to become available to do so (the Statement of Funds Available, or SoFA). This process sets the strategic direction for the rail industry, prioritising major network enhancements and the funding levels required to deliver them. It provided a workable and relatively successful mechanism in the ORR’s last periodic review in 2008.
3.3 The Rail Value for Money Study, discussing the period after the first HLOS in 2007, expressed the view that “subsequent decisions appear to have been made incrementally without reference to that [HLOS] vision”. It flagged “a level of Government involvement in railway affairs which many observers consider is now greater than it was under the nationalised British Rail”, and added that late changes from Government to the scope of projects was a common driver of cost increases. We share many of the concerns set out in the Study and we believe that Government itself can take decisions more effectively to reduce cost pressures.
3.4 More broadly, Government’s involvement in the railway has been shaped by a number of factors, in particular:
●● the level of public subsidy invested;
●● the need to take a strategic overview where more than one industry party is responsible for delivery, or where decisions are required beyond existing franchises or control periods;
28 3. A more strategic role for Government
●● the importance of ensuring that wider social, environmental and economic factors not captured in ordinary commercial decisions are taken on board in the configuration of train services, so that different locations and communities continue to get the services they need;
●● real time financial considerations arising from the structure of current franchise contracts; and
●● the need to secure value for money on major projects such as the InterCity Express Programme and Crossrail.
3.5 Because of the continuing need for taxpayer support for the operation and improvement of our railways, Ministers need to remain responsible, and accountable to Parliament, for setting a top-level strategic direction for rail and for the use of public funds. They will also, with the ORR, set out the incentive framework which drives the key rail organisations to make operational decisions that are right for farepayers and taxpayers.
3.6 However, the industry has not always been ready or, at times, permitted to show the necessary leadership. Under our predecessors, Government became too involved in the detail of the rail industry on too many occasions, for example on issues of train service specification and deployment of rolling stock. The result is that Government is seen as holding much of the responsibility for industry’s performance as well as many of the risks relating to its costs. Consequently, there has been a lack of leadership and whole- systems approach within the industry, which has not taken responsibility for reducing costs and delivering better results for passengers. This means that detailed decisions about the efficiency of the railway are not always being taken by those in the best position to do so.
3.7 The Rail Value for Money Study also suggested that franchise agreements let by the last Government give train operators limited flexibility to respond to emerging market developments or changes to policy. It indicated there may be advantages in transferring more decisions on local or regional rail services to the local level where decisions may be better informed regarding local need.
3.8 In line with the Government’s decentralisation agenda, we will seek where appropriate to devolve more accountability and decision-making to the professionals who run our railways – the train operators and the industry as a whole. We will also explore the potential to devolve more decisions about local services to sub-national bodies such as Passenger Transport Executives (PTEs) and local authorities.
Setting a network strategy for our railways 3.9 By July 2012 the Department will publish the High Level Output Specification (HLOS2) setting out our required outcomes for Control Period 5 (CP5): 2014-2019. HLOS2 will be framed within the context of the Department’s longer-term strategy for the railway to:
●● put passengers first by maintaining the reliability and safety of our railways;
29 Reforming our Railways: Putting the Customer First
●● improve rail services by enhancing the connectivity and capacity of our national rail network, particularly for the journeys that matter most for economic growth – i.e. major inter-city, commuter and freight flows; and links to international gateways;
●● improve value for money from our rail network for passengers and taxpayers; and
●● support the achievement of UK environmental targets.
3.10 In developing HLOS2, we expect to consider six key market segments:
●● inter-city services between London and other major conurbations;
●● inter-regional services between key urban centres;
●● freight services – both domestic and international;
●● commuter services into major cities;
●● local and rural services in the regions; and
●● international passenger journeys, including via the Channel Tunnel and providing surface access to major airports.
3.11 Within the constraints of affordability, our aims for improving the rail network in the future include the following:
3.12 From 2026 onwards, various services within the first two segments will include HS2 services running onto the existing network. The substantial amount of line capacity on the existing network released by HS2, initially on the West Coast Main Line between London and the West Midlands, and subsequently more widely, will allow a significant enhancement of commuter, regional and freight services. The complementary nature of the existing and high speed networks will also affect the way the existing network develops so that it is best placed to meet the future demands which will be placed on it. We will work with HS2 Ltd, Network Rail and others to ensure the optimal integration of the high speed and existing networks.
3.13 For inter-regional routes which are not directly served by high speed lines, we will seek to improve connectivity between key urban centres by increasing line speed and capability, and connections to high speed services. This will ensure communities are well connected with one another, unlocking jobs and economic growth. The recent announcement of the electrification of the north TransPennine route from Manchester to the East Coast Main Line via Leeds will provide significantly enhanced travel on the economically important axis extending from Liverpool to Newcastle.
3.14 TransPennine electrification, together with the Great Western Main Line and North-Western electrification projects, also represents a significant further step in delivering our rolling programme of electrification. Electrification is an important element in delivering a long-term low-cost railway. Electrification will allow us to replace diesel trains, reducing journey times, increasing the railway’s capacity, and improving its environmental performance. These benefits will progressively extend to freight as well as passenger services. With the decarbonisation of electricity generation, our electrification programme will be able to make a further contribution to meeting the
30 3. A more strategic role for Government
UK’s carbon and air quality targets for transport, notwithstanding the substantial forecast growth in rail usage.
3.15 One of the key future roles of the existing rail network will be to continue to support the growth of freight services, particularly for inter-modal containers. Our strategy is set out in the Department’s Strategic Rail Freight Network policy.10 We aim to fund a targeted programme of investment designed to make the best use of the existing rail infrastructure and to support continued private sector investment in the industry. Where there is a business case, and subject to affordability, we propose to increase network capability to accommodate forecast freight growth. HS2 will also release capacity on the existing network to enable more freight services to operate.
3.16 Following the programme of loading gauge enhancement to accept taller containers on the rail routes between ports and major interchanges, we will seek to progressively upgrade these and other strategic freight routes to accept longer trains, to resolve capacity pinch-points and performance constraints, and to secure the level of freight network availability increasingly demanded by customers.
3.17 Rail has a vital role in the national economy in enabling very large numbers of people to commute between home and workplace in our major cities. We will continue to support this essential business and community requirement, working with local authorities, PTEs and train operators to make the best use of our urban rail networks, investing in greater capacity where this represents value for money for the taxpayer.
3.18 Outside the major cities we will continue to support regional and local services that link businesses and communities, as these make a significant contribution to local economies in less heavily populated parts of the country. As set out later in this chapter, we are consulting on the opportunity to give decision-making powers to sub-national bodies in respect of such services. Community Rail Partnerships and local authorities will continue to play an important role in the success of such lines.
3.19 High speed rail services to Europe via HS1 and the Channel Tunnel directly meet international business and leisure travel demand. The first phase of HS2 will include a connection with HS1 to allow through running of international services. Rail also plays an increasingly important role in providing sustainable surface access for passengers using our major airports. We will continue to work with airport operators and local authorities to develop options for enhancing rail access to major airports. The Government also supports a direct high speed link to our international hub airport, Heathrow, to promote modal shift to rail and to make Heathrow more accessible to the Midlands and the North.
10 Britain’s Transport Infrastructure – Strategic Rail Freight Network: The Longer Term Vision, Department for Transport, September 2009.
31 Reforming our Railways: Putting the Customer First
3.20 Planned investment in the network could provide an opportunity to route other infrastructure services along the line of the railway. This has a number of potential advantages, including reduced cost, disruption and land use, the provision of services such as high-speed data to passengers and local communities and increased resilience of infrastructure networks overall. The National Infrastructure Plan 2011 noted the barriers to realising these opportunities, including risk aversion and lack of co-ordination across sectors, and set out actions to overcome these. These included pilot reviews of a number of major infrastructure projects, including HS2, to consider what opportunities for interdependencies may exist and how they may be exploited. We will look to Network Rail to plan ahead for opportunities on the railway, collaborate with other infrastructure providers and facilitate access to its network on fair commercial terms. The ORR also has a role in ensuring that its actions as regulator do not discourage shared projects of this kind.
3.21 The High Level Output Specification will establish the next steps in realising this strategy. Amongst other things, it will set out requirements for the railway’s safety and environmental performance, together with high level metrics specifying the level of service reliability to be achieved and the level of major city peak capacity to be provided. We will aim to make funding available for industry-led investment in initiatives such as: the Strategic Freight Network; high value small schemes; and preparatory work for schemes in the following Control Period (from 2020). Subject to affordability, additional major projects may also be specified.
Funding and delivering major projects 3.22 Government will continue to have an important role in the delivery of enhancement projects that represent a step-change for the railway. Recent examples include Crossrail and the electrification of key parts of the network. Where rail projects are of such scale and significance that central Government will carry the underlying risks around delivery, we will continue to be the promoter. This means that we will continue to take a view on the case for investing in such projects.
3.23 Other projects are of a scale where industry should take responsibility for their delivery. Government’s next High Level Output Specification (HLOS2), will set the framework for industry to deliver these enhancements during Control Period 5.
3.24 HLOS2 will recognise that there will be further projects where passenger or freight operators, being closest to their customers and the market, are best placed to develop and invest in improved services and facilities that pay their way from a commercial perspective. To support this investment Government is developing proposals that allow train operators to finance infrastructure using Network Rail’s Regulated Asset Base, where this is appropriate and agreed by the ORR. Train operators would need to work in partnership with Network Rail on such projects.
32 3. A more strategic role for Government
3.25 Further, at a local level, local authorities and PTEs are best placed to promote projects of local importance and can use funding streams for transport as a whole to make decisions on investment across the whole transport spectrum.
Local investment in the rail network The transport network must continually adapt to housing and population growth, and changes in employment patterns. Local authorities, Passenger Transport Executives (PTEs) and Local Enterprise Partnerships (LEPs) are best placed to identify these trends and, working with the relevant partners, to meet new travel requirements. This may include the provision of new train services, and re opening railway lines and stations. Local bodies already have the ability to take forward capital schemes on the railway. For example, we have recently made announcements confirming funding for new schemes from the Local Sustainable Transport Fund, Regional Growth Fund and Major Local Transport schemes budget. These include, for example, new stations at Kirkstall Forge, Apperley Bridge and Stratford Parkway, and new direct services between Burnley and Manchester via a reinstated Todmorden Curve. The next Major Local Transport Schemes budget, to be introduced in April 2015, is likely to provide similar opportunities. We are currently considering how to reform this funding stream to enlarge the role of local and sub-national bodies, such as councils and LEPs, in decisions on which projects to prioritise. Where a new service requires revenue funding, we believe it is important that local promoters provide subsidy from local budgets for at least the first three years to demonstrate the viability of the project and establish evidence on local demand. As the Department currently funds the bulk of the rail network centrally (and without prejudice to our consultation on rail decentralisation) we will consider taking on responsibility for these services after three years or after April 2015 (whichever is the latest), once they have demonstrated value for money, and subject to funds being available. We recognise that there is support in a number of local communities for re opening disused railway lines. Building a business case for such projects can be challenging. However, recent progress on the Todmorden Curve and the East West Rail proposal to re-open the Bicester to Bletchley line demonstrates that in the right circumstances such projects can be viable. Government therefore encourages planning authorities to bear in mind the potential for future re- openings when deciding applications. This is reflected in the draft National Planning Policy Guidance which states that: “Local planning authorities should identify and protect, where there is robust evidence, sites and routes which would be critical in developing infrastructure to widen transport choice.” In some parts of the country, closed railway lines are used as footpaths or cycleways. Government encourages such use, which leaves open the prospect that they might be used again for their original purpose in the future. Combined with our desire to decentralise decisions where possible, this approach represents an opportunity for local communities to shape much of their local transport network over the coming years.
33 Reforming our Railways: Putting the Customer First
Reforming our franchising system 3.26 The existing franchise framework has delivered some advantages but needs reform in various important respects. For example, current incentives do not adequately reward franchisees for reducing costs, while fares have been growing at above inflation. Anecdotal evidence also suggests that it has sometimes been too easy for operators to benefit from the engineering work and performance compensation regimes rather than serving passengers effectively.
3.27 We will strike a better deal on behalf of farepayers and taxpayers. Between 2012 and 2016, we will undertake the largest programme of refranchising since privatisation. Fourteen franchises will be re-let, including for services on the West Coast Main Line, the Great Western Main Line and the East Coast Main Line. Government’s role will be to develop, specify, and procure franchises that incentivise train operators towards efficient, collaborative and customer-focused performance that is value for money for taxpayers.
3.28 The franchises we procure will be longer, giving operators more responsibility and more flexibility in the services they provide, as well as more incentives to invest. While we will continue to be vigilant in protecting the interests of farepayers and taxpayers, our overall approach will be to treat operators as mature companies with a vested interest in satisfying their passengers.
3.29 Different approaches will be needed for different areas, particularly where local and regional services require special support. We will continue to ensure that different locations remain adequately served. Nonetheless, specifications will be more flexible (particularly for long distance services) allowing franchisees to use their knowledge of their own passengers’ needs to develop service patterns.
3.30 The previous chapter on passengers set out how franchisees will be held to account in respect of their obligations towards passengers. The next chapter provides further detail about changes to the current ‘cap and collar’ revenue support arrangements, and aligning franchised operators’ interests with those of Network Rail.
Devolving rail decisions to the local level 3.31 This Government has already demonstrated its commitment to localism. We have abolished the Audit Commission’s Comprehensive Area Assessment of local public services, and also the National Indicator Set and the Government Offices for the Regions, which central Government used to oversee local delivery. We have also massively scaled back the amount of data demanded of local government.
3.32 We believe in transferring power and responsibility to the appropriate local level, scaling back Whitehall’s command and control structure. In rail, this would mean giving communities the opportunity to take more decisions about the local services they require, and to have transparency over the cost of such services in comparison with other solutions to local transport
34 3. A more strategic role for Government
priorities and wider local objectives. It would mean allowing the rail industry and local partners to lead delivery, and to deliver services that meet the needs of local communities and rail passengers.
3.33 Scotland already has fully devolved executive powers over train services and infrastructure. In Wales, while rail infrastructure is not devolved, rail services are managed by the Welsh Government with support in specialist areas such as procurement being provided by central Government. Central Government also remains the operator of last resort. We will continue to work with the Welsh Government to ensure that devolution works in the best interests of rail passengers. For both Scotland and Wales, cross- border services will continue to fall within the remit of central Government.
3.34 In London, Transport for London has devolved responsibility for the London Overground network. Likewise, the Merseyrail network is an operating concession devolved to Merseytravel, the local PTE.
Community rail Community rail initiatives allow local people and volunteers to help improve their local rail services and stations. In doing so, they can increase revenue, reduce costs, increase community involvement and support social and economic development. Community rail routes usually provide low speed, non-commuter services in rural areas, although a few routes operate in urban areas. Projects range from local people helping to maintain station gardens to the refurbishment of small stations with artwork from local schools. Around 4,000 volunteers work in community rail contributing over 1.2 million hours of work, bringing around £27 million of extra value to the rail industry, and with an estimated benefit–cost ratio of £4.60 benefits for every £1 spent. Recognising the value of community rail, the Department has formally designated over 30 community rail routes. Designation encourages good standards across the community rail industry. Severnside Community Rail Partnership is a good example of the benefits of Community Rail, on the line between Severn Beach and Bristol. For instance, a number of station improvements have been completed to improve the environment and ambiance at stations on the line. These schemes include garden and artwork projects, clearance of rubbish and overgrown foliage, renovation and repainting work along with a restructuring of the pattern and times of local services. All this has helped to generate a 90% increase in patronage on the line since 2007/08.
35 Reforming our Railways: Putting the Customer First
Heritage Rail Many heritage railways have become highly successful tourist attractions. Often run by volunteers, such railways can make a significant contribution to local economies by:
●● attracting visitors to local areas. As all-weather attractions, they help to extend the tourist season;
●● purchasing local goods and services; and
●● in some cases, providing jobs and opportunities to develop skills. Heritage rail attracts substantial numbers of volunteers willing to work for the community, in many cases undergoing training and undertaking managerial or supervisory roles. As such, it is a good example of ‘Big Society’ in operation.
3.35 These examples of devolution represent only a small proportion of local and regional services. Alongside this Command Paper, we are conducting a public consultation to examine the further possibilities for rail decentralisation. This consultation11 will invite sub-national bodies to come forward with their proposals for increased involvement in specifying and delivering rail services locally.
3.36 We welcome the opportunity to move to a more localised approach to decision-making on the railways. Nevertheless, before we do so, and as set out in the consultation paper, there are some complex issues to be addressed. In some areas – London and the north of England PTE areas, for example – the current political structures do not match the operational geography of franchised services. Additionally, some of the decentralisation options might involve transfer of significant risks to local authorities in terms of revenue fluctuations. Careful consideration would need to be given to all these issues before deciding how and whether the current approach should change.
3.37 The position with London and South East services needs to be considered in the light of the considerable amount of investment being directed to the heavy rail network in and around London. The routes into most London terminal stations are at or approaching capacity (both for the number of trains, and the length of trains) to the extent that major infrastructure investment is required to address the problem. Current and recent examples of this are Thameslink, Crossrail and HS1.
3.38 The need for additional capacity is driven by growth in demand, not just on inner London services but on longer distance commuter services into London from places such as Northampton, Oxford, Newbury, Brighton, Norwich and Southampton. Indeed, all central London terminal stations are shared by trains that serve both the London area and places well beyond the GLA boundary, and 47% of all passenger demand into London in the morning peak takes place on long distance, outer suburban and airport services.
11 Department for Transport – Rail Decentralisation – March 2012 – available from www.dft.gov.uk
36 3. A more strategic role for Government
3.39 Because of the magnitude of the investments required and because of their strategic impact, wide-scale sub-national devolution is not appropriate and central Government is best placed to fund such investments and make the strategic decisions on how these investments are best used. Nevertheless, Government remains open to considering proposals for devolution of specific services where these are both compatible with the effective operation of the network and capable of providing clear accountability between decision makers and passengers.
A greater leadership role for the industry 3.40 Under the last Government, concern grew about the level of Whitehall involvement in the railways. We now need the role of Government to focus on a core strategic role, setting the rail industry the right incentives and giving it the responsibility to shape its own approach to meeting diverse passenger needs across different franchises.
3.41 Meanwhile, the Rail Value for Money Study highlighted a lack of industry leadership, noting the consequent absence of a whole systems approach on issues ranging from provision of passenger information during service disruption to mature asset management.
3.42 Government agrees with these conclusions. The industry must now show it is capable of forming a coherent and cost-effective response to investment and service decisions. All parties need to demonstrate their capacity to deliver timely cost savings and to take a whole-industry financial view of the effect upon Government finances.
3.43 Government therefore welcomes the establishment in May 2011 of the Rail Delivery Group, which has responded to the recommendations of the value for money report by taking and shaping the industry’s agenda for a sustained programme of improved management and running of the rail network.12
The Rail Delivery Group The Rail Delivery Group (RDG) comprises the Chief Executives of the owning groups that operate the rail industry’s passenger franchises, the leading rail freight companies and Network Rail.12 The RDG was established by the industry to shape, and then lead, its collective response to the strategic and operational challenges it faces on cost-effectiveness. The RDG will not duplicate or override the primary accountabilities for delivery in the rail industry. These will remain with the passenger and freight operators, and with Network Rail. Its role is to provide a forum in which the industry can first agree and then articulate the responses to those challenges. It provides a platform from which the industry can take a central role in leading the delivery of reform.
12 Further information on the Rail Delivery Group, including its membership and minutes of its meetings, is at www.raildeliverygroup.org
37 Reforming our Railways: Putting the Customer First
The RDG wants to work with Government to help tackle the most important issues facing the industry. It has selected six priority areas where it believes that industry itself has the critical role:
●● Asset, programme and supply chain management: The RDG is considering the scope of and accountability for major projects, efficient planning of the maintenance work bank and the early involvement of passenger and freight operators when investments are specified. Aligning incentives between Network Rail and train operators will be crucial for success.
●● Contractual and regulatory reform: The RDG is looking at how better designed franchises and a culture of partnership working can help make contracts less complex and more flexible.
●● Technology, innovation and working practices: People costs are approximately one-third of the industry’s costs. Developing the skills of railway staff is vital and the RDG has supported the creation of a cross- industry graduate recruitment scheme. Effective and sustained engagement with industry stakeholders, including unions and the workforce, will be vital. The RDG is looking at how technology and innovation can help improve working practices and underpin the development of a customer focused industry, and secure savings from overhead and administration costs.
●● Train utilisation: In London and the South East, in particular, there is scope to do more to match the supply of rolling stock to passenger demand to improve the passenger experience and reduce the cost of meeting growth. The RDG is looking at how trains can operate more than one service during the morning peak – the primary driver of rolling stock requirements. It is also considering how passengers can be encouraged to travel outside the high peak, within the fares and ticketing framework set by Government.
●● A whole-system approach: An integrated technical, financial and commercial response can underpin both a better railway and a more cost-effective railway, especially in implementing technical change. The RDG is looking at how it can work with existing industry bodies to provide a better focus in this area.
●● Industry planning: The RDG is already overseeing the industry’s planning processes that feed the ORR’s Periodic Review. These include the Initial Industry Plan (published in September 2011), the industry’s Strategic Business Plan, and Network Rail’s Strategic Business Plan and related route plans. To ensure transparency, the RDG publishes on its website a summary of proceedings from each of its meetings.
38 3. A more strategic role for Government
3.44 We intend to work in partnership with the Rail Delivery Group. As the Group’s capacity and confidence grows, there will be opportunities for Government to return key roles and responsibilities to the rail industry. Where the long term interests of passengers, freight customers and other railway users are enhanced by such changes, we will support them.
3.45 We are also encouraged by the Initial Industry Plan, which responded to the ORR’s Periodic Review 2013 consultation and was developed by the whole rail industry. This faces up to the reality that costs cannot continue to rise for ever. The challenge to industry is now to deliver. Sir Roy McNulty’s report has set out the opportunity to industry of tackling costs in the region of £3.5 billion per year by 2018/19, benefiting farepayers and taxpayers. The objective of the reforms we set out here is to enable the industry to work collaboratively to deliver on this opportunity.
Smarter regulation for the railways 3.46 There is increasing recognition that we need to look at the totality of regulations in force on our railways and consider whether these remain appropriate. We have therefore held a ‘Red Tape Challenge’, inviting stakeholders and members of the public to identify opportunities for scrapping unnecessary regulation.13 The Department will report on its proposals for implementation shortly.
3.47 Government’s Better Regulation agenda recognises the role that effective and efficient regulation can play in reducing administrative burdens, and considering new and innovative ways of delivering the same outcomes. In developing plans for rail reform, and to deliver a better, more efficient railway for passengers and for freight, Government has sought to work together with the rail industry, aiming to establish a consensus on issues rather than legislate or regulate.
13 Further information on the Red Tape Challenge for rail is at: www.redtapechallenge.cabinetoffice.gov.uk
39 Reforming our Railways: Putting the Customer First
4. A more efficient industry
Introduction 4.1 This chapter deals with the framework of structures and incentives overseen by Government and the Office of Rail Regulation (ORR) to encourage the rail industry to deliver the outcomes and savings that benefit both farepayers and taxpayers.
4.2 While the gross cost of the railway has declined from its peak in 2006/07, the incentives that will drive the much-needed further cost reductions need to be significantly strengthened. This means stronger incentives for rail industry players to deliver cost reductions individually, but also to encourage them to align and work more effectively together, to tackle the whole- industry, whole-life, whole-system costs. We need to create an incentive structure which continues to deliver the same high levels of safety but in a more efficient way on behalf of farepayers and taxpayers.
4.3 In particular, more needs to be done to create leadership and to align the incentives of track and train around the key objectives of improving outcomes for passengers and reducing costs.
Greater alignment between rail industry parties 4.4 In the past, incentives have not successfully aligned the interests of the main organisations running our railways. This has led to the perception that, at times, behaviour in the rail industry has been driven by narrow, sectoral interests rather than focused on the best solution for the system as a whole and the passengers and taxpayers who fund it. In most cases, this isn’t a fair description of how those running our trains and railways work in practice. Even so, action is needed to ensure the prevailing industry culture shifts decisively from an attitude of “My trains, your tracks” to a shared focus on “Our railways” and on delivering the best outcomes for passengers and freight in the most cost-effective way possible.
4.5 The challenge set by the Rail Value for Money Study is to align the interests of Network Rail and train operators at a local level around operational efficiency and planning in order to achieve efficiencies. The study envisaged three possible levels of integration (Table 4.1):
40 4. A more efficient industry
Table 4.1 McNulty levels of integration
Level of integration Arrangements between Network Rail and train operators
Minimum Cost and revenue sharing; joint targets
Intermediate Joint venture/alliances
Maximum Full vertical integration through a combined concession of infrastructure services and train operations
4.6 Government welcomes the direction of the study’s recommendation and considers greater alignment of incentives for efficiency between Network Rail and train operators to be the most pressing reform necessary to drive down costs for rail industry. Government is committed to exploring the full menu of options for promoting greater alignment, including options to place responsibility for train operations and infrastructure management in an area in the same hands.
4.7 We also believe that decentralisation of certain functions within Network Rail and the formation of alliances with train operators is essential if we are to make Network Rail more accountable to its train operator customers.
Incentives for train operators
4.8 The existing franchise framework largely removes train operators’ exposure (up or down) to changes in Network Rail’s costs. So train operators have had little incentive to negotiate or facilitate Network Rail cost reductions. The mechanism for protecting operators also involves significant regulatory burden. We are reforming franchises to give train operators an interest in those Network Rail costs they are able to influence. This will be done by incentivising partnership working to identify and secure savings (for instance, train operators working closely with Network Rail on the way that rolling stock works with railway infrastructure) and removing costly, bureaucratic burdens from the system.
4.9 As proposed in the ORR’s December 2011 consultation on incentives,14 this could involve exposing train operators to:
●● Network Rail’s performance against its efficiency targets for Control Period 5 and future Control Periods, at a Network Rail route level;
●● changes in Network Rail’s costs occurring at future regulatory reviews; and
●● other regulatory changes, such as future improvements to the compensation payment schemes for engineering works and unplanned delays. Any incentives will need to recognise that the ability of train operators to bear risk has limits, and there are some costs and decisions that cannot reasonably be influenced.
14 ORR – Periodic Review 2013: Consultation on Incentives – December 2011. Available at www.rail-reg.gov.uk
41 Reforming our Railways: Putting the Customer First
4.10 In time for the next Control Period, which starts in April 2014, Government and the ORR propose to put in place new centrally-designed incentive mechanisms within Track Access Agreements and franchise agreements to establish at least a basic alignment of incentives between franchisees and Network Rail. This will focus joint working on the reduction of costs and on improving services for passengers. Amongst these incentives is the ORR’s proposed Regional Efficiency Benefit Share. This would ensure that train operators would benefit from outperformance (or be exposed to underperformance) against Network Rail’s local efficiency targets.
Delivering alliances in new franchises
4.11 We want to encourage closer cooperation between operations and infrastructure. However, a one-size-fits-all model is not likely to be appropriate. The extent and type of alignment will vary depending on the nature of rail operations on the relevant part of the network. For instance, where a part of the network is heavily used by a single train operator (such as on Network Rail’s Wessex or Anglia routes), the franchise may be suitable for deep levels of partnership working between the management of track and train. The proposed arrangements currently being developed between South West Trains and Network Rail are an excellent opportunity to see what can potentially be achieved even within the existing franchise arrangements. On more complex routes, with many operators or no single dominant operator, such arrangements may be more difficult. Nonetheless, Government believes that in principle most franchise routes are suitable for some form of alliancing arrangement beyond what currently exists.
4.12 Government will therefore design future franchises to facilitate and where appropriate encourage bespoke arrangements for cost and revenue sharing, including the forming of alliances between train operators and Network Rail. This could cover all aspects of train operator and Network Rail activities, including major renewals and enhancement projects. We will support such alliances as long as we are confident that passengers and taxpayers will receive a fair share of the savings delivered. We will also work with the ORR to ensure that the necessary legislative and regulatory requirements are being met. The ORR is publishing a policy statement setting out how it will consider proposals for alliances, including ensuring that adequate safeguards exist for those outside an alliance. Network Rail will also be publishing its own policy statement to encourage other industry parties to come forward with proposals.
4.13 With the majority of franchises expected to be replaced in the next two to three years, there is now an unprecedented opportunity for supporting alliancing and other efficiency schemes. The type of arrangements put in place could vary based on the specific requirements of the route and the extent of possible savings. Different types of efficiency scheme might be suitable where there are:
●● operators that run the majority of services on the Network Rail route;
●● multiple operators on the route;
●● operators that cover more than one route; and
42 4. A more efficient industry
●● schemes that are focused on a particular task or more system orientated.
4.14 The two models we are considering for upcoming competitions are:
●● alliances that operate from the beginning of the franchise and are included in franchise bids; and
●● alliances that can be implemented during a franchise, where gains are subject to a specific negotiation regarding the profit share mechanism. We expect proposals to be worked up collaboratively with the industry. It is for Network Rail and operators to own the solutions and their delivery.
4.15 The scope for greater alignment is not limited to new franchises. Network Rail is already engaging with a number of current franchisees to develop arrangements for joint working, with a view to delivering cost savings and better outcomes for passengers. Government welcomes these developments and will support amendments to existing franchise contracts to enable such alliances, again subject to the conditions set above. Work done so far indicates that alliances might include the following:
●● joint working to improve performance for passengers by reducing delays and optimising timetables;
●● better planning for engineering works to minimise costs and disruption to passengers;
●● more efficient maintenance of stations and depots;
●● integrated control centres to deliver smoother and more efficient network and train service operations; and
●● enabling, training and licensing staff from the train operator and Network Rail to carry out operational duties on behalf of each other, to deliver a better passenger service and reduce disruption.
A more devolved, responsive Network Rail
4.16 If alignment is to work properly, Network Rail needs to be incentivised to engage with train operators as well as vice versa. Network Rail’s centralised structure was necessary to get a grip on safety and performance after the Hatfield tragedy. It has helped deliver savings of 27% in the period 2004–09 (CP3), and at least 11% so far in 2009–14 (CP4). However, its maintenance and renewal costs are still considerably higher than the very best of its European comparators. The Initial Industry Plan outlines possible 16% efficiency savings for the period 2014–19 (CP5) from Network Rail. If these further savings are to be found, Network Rail must work more closely with the rest of the rail industry, identifying and responding to opportunities at the local level.
4.17 In February 2011, Network Rail responded to emerging findings from the Rail Value for Money Study by announcing a programme to devolve much greater day-to-day decision-making autonomy to its routes, with accountability resting with the post of the Route Managing Director, which has enhanced decision-making powers. Each route has been given its own profit and loss account and targets, with management incentives based more on the specific Network Rail route than overall national performance.
43 Reforming our Railways: Putting the Customer First
4.18 Network Rail completed this programme in November 2011. The changes are intended strongly to enhance Network Rail’s capability to engage with train operators on projects of benefit to each other and to passengers, driving down costs and improving performance. Core system operator functions will remain with Network Rail acting on a national basis (as set out below).
4.19 This represents the crucial reform for Network Rail, but other changes will also help deliver improved alignment. The ORR intends to strengthen the so-called volume incentive. This is supposed to give Network Rail an indirect stake in maximising train operators’ revenues, but anecdotal evidence suggests it has not worked well to date. Government strongly supports the underlying aim of the incentive, and believes that a more effective mechanism will drive closer alignment with train operators.
4.20 Further steps must be taken within Network Rail to drive up efficiency. With Network Rail holding the monopoly for managing infrastructure for much of GB rail, there have been no good domestic comparators against which the ORR can compare progress when setting efficiency and performance targets, nor competitors to sharpen Network Rail’s incentives.
4.21 To aid comparability, Network Rail has separated out the accounts of its routes. This will help the ORR to benchmark the relative performance of these routes against each other, and for Network Rail to identify and spread good practice and innovations.
Infrastructure concessions as a further route to efficiency
4.22 To further improve comparability, the Rail Value for Money Study recommended that Network Rail let long-term concessions to third parties for infrastructure management for particular areas of its network.
4.23 A concession approach is not entirely new to the UK. It is already used on High Speed 1, which connects London St Pancras International and the Channel Tunnel. In 2009, the Secretary of State for Transport let a 30-year concession to High Speed 1 Ltd to run and maintain the railway infrastructure, including stations. High Speed 1 Ltd has subcontracted the operations and maintenance work to Network Rail (CTRL) Ltd and has the option to market-test if there is an opportunity to improve efficiency.
4.24 This shows that concession models can work, including delivering important comparative evidence on efficiency. Accordingly, Government strongly supports Network Rail’s proposals to take forward concessions.
4.25 Different parts of the network have different characteristics, and as with alliances, a one size infrastructure concession will not fit all. Government believes that there are some Network Rail routes, such as Kent, Anglia and Wessex which may be particularly suitable for the letting of concessions and we will work with Network Rail to help deliver these where detailed work shows that they are appropriate. Concessions can happen as soon as Network Rail is ready and Government will not arbitrarily attempt to create a programme which ties concessions to the letting of new franchises. We would expect alliances to be able to work between train operator and concessionaire as well as between train operator and Network Rail.
44 4. A more efficient industry
4.26 Any proposals for further concessions need to:
●● be based on a detailed understanding of the asset condition;
●● offer value for money for the taxpayer;
●● support the principles of a safe, customer-focused and efficient railway; and
●● be compatible with EU legislation, upholding principles of competition and fair access.
Considerations for further integration
4.27 The Rail Value for Money Study examined the scope for vertical integration, which means that responsibility for infrastructure services and train operations rests with the same organisation. We agree that vertical integration could offer promising benefits in the longer term. So building on alliancing and concessions, and subject to EU legislation, we will explore how full integration on discrete parts of the network might potentially drive further efficiency benefits and investment, helping both track and train to align around service delivery. This is most likely to be an option on Network Rail routes such as Wessex and Anglia where the majority of passenger train services are run by a single train operator.
4.28 Any form of closer integration would need to be compatible with EU legislation and satisfy a number of criteria, including but not necessarily limited to:
●● protecting passenger interests, including safety and punctuality of services;
●● respecting competition and fair procurement principles;
●● ensuring fair access to rail infrastructure for freight and other passenger operators with decisions on track access and charging being ring-fenced and kept rigorously independent from operational functions all under the continued regulatory oversight of an independent ORR;
●● as with an infrastructure concession, based on a detailed understanding of asset condition; and
●● value for money for the taxpayer.
Regulatory protections
4.29 Both Government and the ORR are determined that any changes proposed to the structure of the industry continue to protect the interests of freight and other operators on the network. Regulatory and statutory protections already exist to ensure that Network Rail, in aligning itself with the major train operator in a given area, will not discriminate against such operators.
4.30 While we welcome efforts to decentralise at Network Rail, there are certain core functions that must continue to be carried out by the company on a national basis. Network Rail has proposed the establishment of a central function, known as the System Operator, to bring together key network- related activities such as timetabling, allocation of network capacity, network planning and sale of access rights. This, coupled with the existing
45 Reforming our Railways: Putting the Customer First
standards and central assurance processes, aims to ensure that all train operators are treated fairly, in line with EU and domestic law, and that the railway network as a whole can be optimised and operated seamlessly.
The franchising and incentive framework for train operators 4.31 In most previous franchises, Government made a contractual commitment to protect train operators from wider economic forces that they cannot control. This is done by sharing revenue risk and reward if revenues from ticket sales go above or below a certain threshold.15 The commitment has insulated prospective franchisees from the consequences of overambitious bids and unrealistic revenue growth forecasts. Once maximum Government support for train operator revenues is triggered, train operators have little incentive to invest or improve services in order to grow passenger numbers since they receive so little of the extra revenue generated. Unless care is taken, there is a risk that this issue would be exacerbated by the move to longer franchises, as economic conditions in the later stages of a franchise carry greater uncertainty.
4.32 The next round of franchises will seek to address these problems by developing new methods of sharing external economic risks with franchisees. The new InterCity West Coast franchise will index-link franchise premia payments to GDP. This may be the appropriate approach for other, future franchises, although the design of risk sharing mechanisms needs to be chosen carefully to fit the specific level of risk that Government wishes to transfer. One option would be to use a similar mechanism but to link payments to or from train operators to economic variables other than GDP, such as employment in major urban centres. Government also intends to take a share of profits above a defined level, to ensure that train operators do not extract disproportionate profits in the event of better than expected growth in the local or national economy, or other external changes that increase rail travel.
4.33 However, while train operators have had some success in dealing with certain aspects of their cost base, they have not been incentivised to achieve the level of efficiencies found in other sectors. Too often, the easy option has simply been to pass through costs to the Government – and ultimately the taxpayer – in franchise bids. Future franchises must manage down the costs of their businesses and gain the rewards of doing so. As part of the process for selecting future franchises, proven records of successfully reducing costs in the past and clear plans for the future will be assessed.
Considering the structure of track access charges
4.34 Train operators also need the right incentives to optimise their use of network capacity, especially where that capacity is scarce. Currently, the variable charges that operators pay to Network Rail for running additional trains only reflect the additional costs of operating those trains. This means
15 Under these arrangements, reward is shared from the start of the franchise, and risk only in the later stages.
46 4. A more efficient industry
that operators may see no cost difference between running an additional train on a little-used branch line, compared with a highly congested section of the network. Nor do track access charges reflect geographic differences in costs, but instead average them out across the whole network.
4.35 The ORR is considering the structure of access charges as part of Periodic Review 2013, and has consulted on the use of a scarcity charge to reflect high demand for certain parts of the network which would mean that the economic value of alternative uses of the capacity is better factored into decision-making. Government supports the principle of an incentive to ensure that best use is made of existing capacity, but recognises that there are practical issues to be carefully resolved before it could be introduced.
Encouraging train operator investment
4.36 In a world of constrained public finances, it is also important to maximise opportunities for private sector investment in rail. We also recognise that passenger and freight operators, being closest to their customers and the market, are best placed to develop and invest in improved services and facilities that pay their way from a commercial perspective.
4.37 Our commitment to longer franchises, which give a better timescale for investments by train operators to pay back, will facilitate such investment. We expect that this approach will result in investment by train operators in stations, ticketing systems and, in some cases, infrastructure upgrades which benefit the franchisee. It is not realistic to expect that very large scale investment such as entire new rolling stock fleets and major infrastructure upgrades could be delivered in this way.
A better passenger experience at stations
4.38 At the stations where responsibility for maintenance is divided between train operators and Network Rail, there is a risk of duplication of effort, inefficiency and slow decision-making. This makes it slower, more expensive and more difficult to run, maintain or improve the stations for passengers.
Streamlining station delivery Southern Railway and Network Rail identified an opportunity for a better solution for the management of Gatwick Airport station. Working together, they developed a proposal to transfer the management and operation of the station from Network Rail to the train operator – with the goal of removing duplication of effort and providing a more coherent approach to customer services for Southern’s passengers. Gatwick Airport has now joined the other 156 stations in Southern’s portfolio. Having developed a sound proposal and held discussions with Government and key stakeholders, Southern and Network Rail were able to quickly implement this change from January 2012. This demonstrates that industry parties can take steps towards more efficient delivery with better passenger outcomes and that efficiencies do not have to centre on major schemes.
47 Reforming our Railways: Putting the Customer First
4.39 Stations are a key part of the passenger experience. We are piloting a policy of transferring greater responsibility for stations to train operators who are the part of the rail industry serving passengers directly day to day. The pilot involves adding responsibility for long-term maintenance and renewals to the train operators’ current duties for day-to-day maintenance and operation. This aims to enable an efficient streamlined approach by placing most responsibilities with one party. The largest stations (such as London terminals) and the freeholds of all stations will remain the responsibility of Network Rail. Where appropriate, train operators would also be given greater commercial freedom, including rights to develop stations for the benefit of passengers and to improve commercial returns, with safeguards to prevent inappropriate station use or disposal. The ORR will monitor and enforce any arrangements we introduce for stations under a new licence condition. These changes are already being trialled in the Greater Anglia franchise (awarded in 2011) and will be reviewed to understand how successfully they are delivering greater efficiency by eliminating duplication of activity and supply chains.
4.40 Such changes could allow for a better passenger experience at stations. Examples of improvements could include, at medium and larger sized stations, an increased retail offer and finding space for businesses that extend beyond the rail journey itself, but perhaps link to it, such as a crèche at a commuter station.
Summary of franchise reform The Rail Value for Money Study supported DfT’s ongoing development and reform of passenger franchises. Franchise reform includes the following measures, which aim to give train operators more commercial flexibility while continuing to protect the interests of farepayers, taxpayers and wider society:
●● longer franchises giving train operators stronger incentives to invest;
●● more flexibility about how services are configured, but with the Government continuing to specify a core level of service;
●● outcome-based requirements, for instance on customer satisfaction and performance, to ensure that train operators’ interests are better aligned with those of passengers;
●● less intrusive day-to-day management of the franchise by the Government;
●● the possible move, subject to consultation, of some regulatory functions from the Department for Transport to the ORR;
●● a profit share mechanism to better ensure taxpayers’ interests are protected; and
●● the alignment of incentives with Network Rail.
48 4. A more efficient industry
Open access operators 4.41 Most passenger services are currently provided within the franchise framework though there is some limited competition from open access operators, particularly on the East Coast Main Line. The ORR has consulted16 on the scope for higher levels of open access operations, citing the potential for efficiencies and wider economic benefits, albeit at a potential cost to Government.
4.42 Government values the benefits of competition that open access can bring, such as greater choice and lower fares for some passengers. However, these benefits must be set against the need to reduce the overall cost of the railway to taxpayers. Open access operators are only charged marginal track access costs compared to franchised service operators who are charged full track access charges. This means that open access operators are effectively being subsidised by passengers on franchised services which are paying full track access charges to support the maintenance and operation of the network. Furthermore, where franchise bidders perceive a risk of open access competition undercutting them on costs they are likely to offer much lower bids. This detrimentally impacts on the taxpayer’s interest by putting further pressure on fares and making it harder to deliver the rail upgrades that passengers want. Given the UK’s financial position, Government does not therefore at this stage support an increase in open access competition.
An expanding rail freight sector 4.43 The rail network transports approximately 90 million tonnes of goods per year. It is of strategic importance – rail freight delivers over a quarter of the containerised food, clothes and white goods, and delivers nearly all the coal for the nation’s electricity generation. Rail freight has expanded by 60% over the last decade,17 and expects to grow by a further 30% in the five years from 2014.18 The congestion and environmental harm from transferring such traffic to road would be enormous, and there would be significant road safety concerns as well.
4.44 There is fierce competition in the logistics market. Not all the external costs of road freight are paid by users of the road network, so there is a strong case for Government to continue providing support for the rail freight industry to create a level playing field. This has taken the form of:
●● rail freight only paying a proportion of the track charges paid by franchised passenger operators, as required by EU legislation;
●● targeted funding (through the mode shift revenue support scheme) to assist with the operating costs of running rail freight services where there are environmental and social benefits from doing so; and
16 Office of Rail Regulation – The Potential for increased on-rail competition – a consultation document. October 2011. Available from http://www.rail-reg.gov.uk 17 Source: ORR – National Rail Trends. Increases are measured in tonne miles. 18 Source: MDS Transmodal. Increases are measured in tonne miles.
49 Reforming our Railways: Putting the Customer First
●● funding improvements to rail infrastructure to unlock key parts of the network for freight.
4.45 The competitive environment has also forced rail freight to find significant efficiencies over recent years, and it has encouraged Network Rail to do the same.19 As a result, in an industry that has had difficulty in reducing costs, freight has made good progress. Government seeks to repeat this approach with similar success for passenger services.
4.46 The Government recognises the valuable wider benefits that rail freight delivers, and the need to give it certainty over its future. To support rail freight:
●● Government will consider further investment in the Strategic Freight Network (SFN), both to help make best use of the existing network and, by increasing its freight capability, to leverage continued private sector investment in rail freight growth;
●● Government is continuing to provide support through the mode shift revenue support scheme to shift freight from road to rail where there are overall environmental and social benefits from doing so;
●● Government will provide a clear planning policy framework to support further private sector investment in rail freight terminals and rail-connected distribution parks, including Strategic Rail Freight Interchanges (SRFIs), to support growth;
●● Network Rail will work with the industry to safeguard strategic freight capacity and to facilitate strategic investment in SRFIs. It has also appointed a Freight Director to provide a single interface for freight in a world of greater devolution within Network Rail; and
●● the ORR plans to give the freight industry early assurance over the level of access charges, by setting a cap on these in June 2012.
4.47 In exchange, freight operators will need to continue to pursue cost savings. They are working with Network Rail to review which parts of the network they no longer need to access, and to establish the extent to which maintenance and renewals can be differentiated as a result. They are working with Network Rail to review which parts of the network they no longer need to access, and to establish the extent to which maintenance and renewals can be differentiated as a result. The ORR is considering the scope for mark-ups on Network Rail track access charges for freight trains (for example, those serving the nuclear and electricity supply industries) which could help to cover a greater share of the costs associated with their use of the network.
Better governance for Network Rail 4.48 Network Rail is a private-sector, not-for-dividend company, limited by guarantee. Consistent with the changes brought forward at privatisation and with our overall approach to rail reform, we believe the existing
19 Unlike franchised passenger operators, freight operators bear the consequences of changes in track access charges at regulatory review. As a result, freight operators engaged considerably with the ORR and Network Rail during Periodic Reviews 2003 and 2008, pushing hard to challenge Network Rail’s costs.
50 4. A more efficient industry
structure is capable of delivering the outcomes and the savings we need without disruptive and unnecessary organisational change.
4.49 In general, Government believes that equity is a strong driver of efficiency and value for money. Bearing in mind the context and history of Network Rail, we consider that the benefits of equity are best achieved through reform measures that the company is taking in a number of key areas:
●● partnership working and alliancing with private sector, commercially driven train operators;
●● letting concessions to manage the infrastructure in particular geographic areas; and
●● working to introduce greater competition in major enhancements and other work.
4.50 In the meantime, the company continues to reform itself with the aim of delivering further efficiencies. It is important that the Board is held accountable for driving this reform programme. Under the current arrangements, it is the role of around 100 members to hold the Board to account. These members are technically the owners of the company (although they have no financial investment in the company and cannot trade their stake). We agree with Network Rail’s leadership that there is room to improve this structure so that members hold the Board to account more effectively
4.51 As one of Network Rail’s members, Government will continue to encourage Network Rail and the industry as a whole to develop governance reforms which support the following principles:
●● that taxpayer interests are protected, with strong incentives on Network Rail to ensure it delivers value for money on the funding it receives from Government;
●● that Network Rail’s direct customers – the freight and passenger train operators – should be able to hold it to account for its performance;
●● that Network Rail should be incentivised to behave in a manner that promotes the interests of end-users of the railway – passengers and freight customers; and
●● that Network Rail develop an effective remuneration policy to recruit and retain the quality staff it needs but with robust challenge over the delivery of objectives.
4.52 Government believes that these principles can best be delivered within the current Company Limited by Guarantee structure. We therefore welcome the governance proposals that Network Rail is announcing, including:
●● reducing the number of members to a more sensible level, thereby improving the quality of decision-making. This could include removing industry members, who are prevented by conflict of interest from playing a substantial role;
●● evolving the selection criteria for members to ensure the appointment of a membership with a skill-set better aligned to holding a large commercial organisation to account;
51 Reforming our Railways: Putting the Customer First
●● strengthening the links between the membership and the non-executive board members;
●● appointing a Public Interest Director, to ensure the interests of taxpayers are articulated during board discussions. This person will be appointed, in close consultation with the members’ coordinator, to demonstrate specific skills and interests in public policy, finance and corporate and social responsibility; and
●● ensuring members are provided with research support which is funded by Network Rail but is independent of the company’s management. Network Rail will continue to drive this area of governance reform in parallel with its efforts to decentralise certain decision-making functions in Network Rail to enable alliances to be formed with train operators to improve the company’s accountability to its customers.
4.53 Executive remuneration has been the focus of public debate. As a private sector company, Network Rail sets performance pay levels for its senior staff. In response to questions from the wider public about bonus awards that have been perceived as excessive in relation to Network Rail performance levels, Network Rail has worked with the ORR under the terms of its licence to adapt its remuneration approach. The ORR has made clear throughout this review that its objective is to ensure that Network Rail’s executive bonus payouts are simple, transparent and clearly aligned with performance, meeting long-term taxpayer objectives by rewarding only sustained outperformance of long-term financial targets, notably efficiency, while also reinforcing the need to hit overall non-financial regulatory targets, including safety and reliability.
4.54 Network Rail has announced further changes to the way it works to deliver better value for money, and ultimately to provide better services for passengers and freight users. Key changes include the devolution of greater accountability to a more local level through its ten Routes and the development of stronger alliances or partnerships between these Route teams and their customers. In addition, in relation to capital projects:
●● it will involve suppliers at an earlier stage, giving them the opportunity to bring more innovative ways of working that will see improved delivery of projects and, as a result, lower costs;
●● Network Rail’s investment projects business will become more of a separate business within the group, providing stronger accountability, improved transparency, and reduced overheads;
●● Network Rail will look to work more closely with operators in relation to the delivery of projects;
●● where appropriate Network Rail will invite other companies to compete against its core business. As discussed above, it will also seek to establish alliances with train operators to improve services for passengers and promote further improvements in value for money; and
52 4. A more efficient industry
●● the projects business will also be expected to compete for business in other areas, for instance, other UK-based transport and international rail projects, so that it is able to test itself and learn in other markets, with a view to applying good practice to its core business.
Network Rail – skills and employment opportunities Network Rail is committed to playing its part in developing a skilled GB workforce through recruitment and development opportunities. This includes:
●● Recruitment of apprentices – Network Rail is one of the UK’s leading apprenticeship providers, taking on over 200 new apprentices annually on three-year programmes, based predominantly out of its HMS Sultan training centre in Hampshire.
●● Graduate programme – in 2011 Network Rail took on more than 100 graduates and 50 post-graduates with skills ranging from IT through to engineering.
●● Track and train programme – a new cross-industry programme has recently been launched to offer opportunities to unemployed graduates. The Network Rail funded scheme involves more than 25 other industry organisations, including train operators and engineering contractors. It will take on 100 people in its first year, offering them three six-month placements with different industry participants.
●● Training – Network Rail is committed to the ongoing training of its people throughout their career. This commitment ranges from people training to be accountants through to specific engineering skills and a new senior and executive leaders programme.
A common sense approach to standards 4.55 The Rail Value for Money Study was clear that industry should be proud of its excellent safety record over recent years. However, it also noted that safety and performance achievements were not always being secured in the most cost-effective way. It warned progress was being impeded by a culture rooted in an excess of process and risk aversion, with procedures that failed to incorporate modern management thinking on continuous improvement. As a result, standards were too easily used as a defence against change.
53 Reforming our Railways: Putting the Customer First
4.56 Technical standards should match the needs of the railway and its customers – not the other way round. They should therefore recognise that the UK network is diverse – the West Coast Main Line has very different requirements from the Looe branch line in Cornwall. The railway should be able to accommodate locally appropriate solutions. The challenge is to ensure that bespoke solutions do not add unnecessary costs or unduly restrict the market. Safety will always be of paramount importance across the whole network.
4.57 There is a common core of the national rail network where Technical Specifications for Interoperability (TSIs), which are already becoming the default global standards, can provide a platform for the railways. Such standards remove national barriers to the free movement of goods and people. Appropriate construction and maintenance standards can also ensure that environmental issues are addressed, in particular that the rail network is resilient to the potential risks of climate change.
4.58 However, where service levels can be maintained without such standards, the industry is already looking to differentiate based on business and operational need.
A Green Light for Light Rail In September 2011, the Department published the report Green Light for Light Rail,20 which examined the opportunities for making light rail systems cost- effective solutions to local transport issues. It found that light rail can play a significant part in improving the appeal and quality of public transport in major conurbations by moving large numbers of passengers quickly, reliably, and with less pollution than the car or bus. In particular, the report identified tram-trains – hybrids that can run both on the street and on existing rail lines – as an approach that could bring whole system cost reduction. The Government is examining the potential for tram-train use, and is considering the business case for a pilot scheme in South Yorkshire. The Government has also removed unnecessary burdens on funding provisions and facilitated investment in light rail. Up to £350 million is being invested over 11 years for the renewal of the Tyne and Wear Metro. This is already an example of light rail vehicles using heavy rail infrastructure (between Pelaw Junction (South Shields) and Sunderland). Operating procedures were adapted, and signalling modified, to allow these trains to run in between normal passenger and freight trains. This allowed the services of the Metro to be extended to Sunderland without the need for providing expensive additional lines, and without compromising safety.
20 Department for Transport – Green Light for Light Rail – September 2011 – available from http://www.dft.gov.uk
54 4. A more efficient industry
4.59 It is right that industry should continue to lead on the definition, evolution and application of standards, within the core framework of TSIs and the requirements of EU interoperability legislation. The Government supports work by Network Rail and operators to identify the purpose of particular lines, and to then take a common sense and business-led approach to establishing the standards required. We welcome the commitment of the Rail Delivery Group to consider how thinking about standards can be taken forward by the industry on a whole-system basis.
4.60 Partnership working between Network Rail and operators, described earlier in this chapter, will give the industry direct incentives to address standards at the local level, driving out unnecessary costs and focussing on the needs of rail’s customers. We have introduced measures to support the technical liberalisation of the European railway network in a way that delivers the best value for the UK overall.
4.61 Nonetheless, we must be clear that the number of lines that offer real scope for significant further differentiation is necessarily limited and savings will come only when renewals would otherwise be required. The intelligent application of standards across the network has the potential to realise savings by lowering the cost of renewals over time. This will also help secure a future for parts of the network that might otherwise require significant and unnecessary investment.
4.62 Subject to the Government’s consultation on decentralisation, there is also an opportunity for decisions about the local network to be made in the context of local transport priorities and expectations, and within the bounds of local budgets.
Technical innovation Today’s railway relies on a wide range of different technologies covering signalling, communications, infrastructure and rolling stock to deliver a reliable and efficient train service. In the years to come, the railway will need to take advantage of technical developments if it is to continue to improve its performance and cost-effectiveness and reduce its environmental impact. The industry has not always pursued innovation effectively, owing to a misalignment of incentives and risk aversion. Although there is much more to be done to embed an innovation culture, we welcome the fact that the industry is already pursuing a number of initiatives:
●● Network Rail’s new Innovation Management Process, which exemplifies the increasing recognition that innovation needs to be managed and encouraged;
●● the creation of the Rail Research UK Association, in 2010 to bridge the gap between academia and industry; and
●● the heavily oversubscribed “Accelerating Innovation in Rail” competition, launched by the Technology Strategy Board and Rail Safety and Standards Board (RSSB) which has the potential to bring new ideas into the rail sector.
55 Reforming our Railways: Putting the Customer First
The first Rail Technical Strategy (RTS),21 published by DfT in 2007, considered how the railway could harness technology over a 30 year period to improve its performance, cost-effectiveness and environmental sustainability. The RTS is more properly an area for the industry to lead. Consequently, the second, updated version of the strategy, to be published in autumn 2012, will be produced by the industry’s Technical Strategy Leadership Group. The new RTS will help suppliers, policy makers and researchers understand the direction of rail technical development, the benefits that could be delivered by different types of technology and the commercial opportunities available from having the right products available at the right price. Ticketing provides an important example of where technical innovation can benefit passengers and deliver a more efficient railway. This was discussed in Chapter 2. Similarly, improvements in rolling stock and track design could reduce rail-related noise,22 benefiting the many people who live near or alongside the railway.
Securing savings from rolling stock 4.63 Train operators typically lease their rolling stock from privately owned rolling stock companies (ROSCOs). The Competition Commission’s recent investigation into the rolling stock leasing market23 concluded that on the whole it is an imperfect market, with competition restricted by the limited number of alternative fleets available to train operators when bidding for franchises. The Competition Commission’s remedies applying to ROSCOs came into force in February 2010, so they have had only a limited time in which to deliver results. Nevertheless, Government is not yet persuaded that they will be sufficient to deliver the transparency required to secure value for money.
4.64 The ‘feast or famine’ approach to orders for new rolling stock has made it difficult for the supply chain to deliver value for money. The cost to Government is also driven up by the fact that ROSCOs often perceive there to be a significant risk that rolling stock will be left unused and unpaid for at the end of a franchise. However, over the last ten years very little rolling stock has been left unused, because of the growth in the market, so this risk has not materialised.
4.65 Longer franchises, with output-based specifications, give train operators a stronger commercial incentive to optimise their rolling stock solution. As a general principle, in future Government will give greater flexibility to franchisees over the rolling stock decisions they make when bidding for franchises. This will allow private sector experience to be used in the
21 Department for Transport – Rail Technical Strategy – July 2007 – http://webarchive.nationalarchives.gov.uk and http://www.dft.gov.uk/about/strategy/whitepapers/whitepapercm7176/railwhitepapertechnicalstrategy/pdfrailtechstrategyrts1.pdf 22 Government’s long-term policy for noise is set out in the Noise Policy Statement for England, available from: www.defra.gov.uk 23 Competition Commission – Rolling Stock Leasing Market Investigation – April 2009 – available from http://www.competition-commission.org.uk
56 4. A more efficient industry
procurement process. However, there may remain instances where, under the current approach, Government involvement becomes necessary or is requested by the industry, for instance:
●● in major procurement exercises spanning several franchise areas or linked to large scale infrastructure works extending beyond the duration of the franchise;
●● working with the industry on the future pipeline for possible new and refurbished rolling stock orders, and how these are reflected in individual franchises;
●● by considering whether there are any common features of rolling stock procurement it wishes to see, for example to minimise whole-system costs;
●● where there is a good case for doing so, giving some certainty to ROSCOs that rolling stock will continue to be used beyond the end of franchises; or
●● more broadly, if value for money from a market-led approach cannot be clearly demonstrated.
4.66 In December 2011, the Association of Train Operating Companies (ATOC) published a discussion paper aimed at securing better value from rolling stock. Under these proposals:
●● industry would publish a high-level, industry-wide rolling stock strategy, to assist planning, and to give more visibility to the supply chain;
●● within this broad framework, franchise bidders would have greater flexibility to find the best value options for rolling stock;
●● train operators would also introduce an option into their contracts with ROSCOs to allow rolling stock to be re-leased on the same terms for three years so that there is more time to work through rolling stock decisions;
●● train operators would work closely with Network Rail on the way that rolling stock works with railway infrastructure; and
●● in order to work towards greater transparency, and to help secure greater value for money, train operators would work with ROSCOs to publish details about the lease costs for different classes of rolling stock, making the information more widely available.
4.67 Government welcomes ATOC’s contribution to the debate. In particular, we believe that their proposal to produce a high-level industry-wide rolling stock plan could deliver important benefits, including better value for money and greater visibility for manufacturing suppliers. We also strongly support the principle of introducing further transparency, given the natural constraints of the rolling stock market. We will monitor progress against this new framework for procuring rolling stock and the Competition Commission’s transparency order. We will expect to see train operators working closely together with ROSCOs, and to see value for money clearly demonstrated. Our preference would be that, building on the Competition Commission decisions and this work, operators and ROSCOs drive better value through
57 Reforming our Railways: Putting the Customer First
a market-based approach. However, if value for money continues to be problematic, we will need to consider more radical options, including those identified in the Rail Value for Money Study, such as greater government involvement or possible regulation.
A strong and competitive rail supply chain 4.68 A strong and competitive supply chain will be essential to deliver better value for money, and to provide quality rolling stock to enhance passengers’ journeys. Government is working to provide the right conditions for our country’s manufacturing to prosper as part of our overall plans to deal with the deficit, invest in infrastructure and skills, remove unnecessary burdens on business and rebalance the economy. Our extensive programme of rail capacity expansion will also provide important opportunities for manufacturing supply chain businesses in the rail and train sector.
4.69 We will ensure that we improve dialogue with suppliers in order to strengthen the capability of the UK supply chain. On the limited occasions when Government chooses to procure rolling stock in the future, bidders will be required to set out how they will establish a local presence to manage the delivery of the contract and be asked to make clear which elements of the contract will be sourced in the UK so that we can better understand and communicate the benefits to the UK economy. We will work to ensure that UK-based suppliers can compete with their overseas competitors by:
●● working more closely with our UK-based rail manufacturing companies so that they are geared up to win contracts both at home and abroad;
●● working with the industry to enable its publication of a long-term rolling stock plan giving more visibility to the supply chain, and ensuring a whole-system approach is taken; and
●● encouraging the industry to adopt a similar approach with their respective supply chains. This will enable companies to more effectively compete to provide the best value for money for the UK taxpayer and future farepayers.
4.70 In November 2011 the Government took decisive action to promote economic growth and jobs in the rail supply chain by giving the go ahead for a further £1 billion investment in rail. We will continue to assess proposals for infrastructure enhancements from the rail industry, including the supply chain, leading up to our High Level Output Specification announcement by July 2012.
58 4. A more efficient industry
Using technology to benefit passengers – InterCity Express Programme The Department for Transport’s InterCity Express Programme (IEP) aims to replace ageing intercity trains from the 1970s and 1980s with new trains that will be faster accelerating, more reliable, and will help relieve crowding by providing over 20% more seats than existing trains. The new trains will operate both on electricity and diesel, ensuring flexibility of future deployment, and allowing operation even if overhead power is lost. They will also be more energy efficient, producing approximately 40% less carbon emissions per seat mile compared with the trains they replace. The trains will meet modern accessibility standards and will be equipped with best in class legroom and saloon luggage space. They will be equipped for wi-fi, have more tables, electronic seat reservations and will be able to receive passenger information direct from the control centre. With this better on-board passenger experience, and by allowing for improved journey times and a greater frequency of services, the trains are expected to generate additional passenger demand as well as modal shift from other, less carbon-friendly modes of transport.
A highly-skilled and productive rail workforce 4.71 One of the key barriers to efficiency, as pointed out by the Rail Value for Money Study, has been the often confrontational nature of industrial relations in the rail industry. We want to involve the people on the front line running our railways and serving passengers. Ultimately, both senior management and operational staff have a shared interest in the success of the railway, both from a performance and a cost point of view. To the extent that the rail industry can identify net savings by cutting costs and driving growth in demand, this has the potential to generate more jobs. Additionally, this Government is putting unprecedented investment in the railways, with £18 billion over this Spending Review period alone, providing real opportunity for jobs growth.
4.72 Successive substantial increases in pay have inevitably been one of the pressures behind the escalating costs of the railways. Given the industry’s costs challenge, there is a need for restraint on salaries and bonuses, from the board room to the platform. It is unlikely to be possible to deliver the degree of cost savings passengers and the public need without some modernisation of working practices and clear focus on skills development. We therefore want to see the rail industry and the unions working collaboratively to address a range of issues that would improve efficiency.
4.73 There is a need to broaden the pool of qualified people available to work on our railways. For example, the Government believes that encouraging more women to consider a career in the rail industry would have a hugely positive impact on the rail sector as well as promoting equality of opportunity. While some progress has been made at senior levels, currently only 13.2% of Network Rail’s workforce is female.24 We are interested in working with the
24 The RMT union has also drawn attention to the low number of female train drivers – while we do not have recent figures, those compiled by the RMT some years ago indicated that only 580 out of 18,500 train drivers (3.1%) were female. 59 Reforming our Railways: Putting the Customer First
unions to explore the reasons for this gender imbalance and to consider how we might break down barriers to a more diverse workforce.
4.74 A key way to expand the range of people suitable to work on the railways is modernising training approaches. We would like to see new providers start to enter the market for rail skills training so the next generation of railway staff can be skilled up to the high standards industry and the public want to see. Government supports the existing work of both Go-skills, the passenger transport sector skills council and the National Skills Academy for Railway Engineering (NSARE) who are working with the industry and further education providers to add diversity and depth to both the rail workforce and the training landscape. Consideration also needs to be given to whether more streamlined training programmes can be developed which can deliver the equivalent level of skill over a shorter time period. This could enable railway staff to more easily and rapidly develop their skills and careers within the industry.
4.75 We want to see a more collaborative approach between the workforce and management. In particular, it is important for all industry stakeholders to find ways to make sure staff identify with the franchise service they are providing to passengers and feel they have a stake in how well it performs. This has long been the case in relation to rail freight but has been much harder to deliver in the franchised sector.
4.76 We believe that longer franchises can play an important role in this context. The short franchises let by the previous Government sometimes engendered a culture amongst employees that a change of franchisee means very little except a new senior management team. A longer franchise gives the train operator greater scope to engage with employees, build up long term working relationships and develop long term solutions to the challenges franchises face.
4.77 The rail industry and the unions now need to consider how working practices could become more efficient. One example is the scope, facilitated by new communications technology, to move more train services to driver-only operations where appropriate. This is already the working practice on around 30% of existing franchise services (including on most commuter services in London and Glasgow, London Underground trains and for proposed new projects such as Thameslink and Crossrail). It is a safe method that can improve performance: reducing the number of people involved in train dispatch reduces the risk of human error and miscommunication. There will be cases where a second member of staff is desirable for commercial, technical or safety reasons, but more widespread use of driver-only operation could assist industry efforts to reduce costs and deliver better value for money for passengers.
4.78 As new staff are recruited, the industry will also need to consider taking them on with new terms of employment, reflecting for example:
●● the availability of new technology that changes the way work is done, and
60 4. A more efficient industry
●● the need for flexibility in the way that staff are deployed (e.g. the automation of track inspection techniques and the use of service trains to inspect the track would allow staff to be focused on maintaining the infrastructure).
4.79 Giving staff the option for more flexible and part time working is also important, particularly to help expand the participation of women in the rail industry.
Safety 4.80 The UK rail network is amongst the safest in the world, and is considerably safer than road. Over Control Period 4 (2009-14), Government has specified a requirement for a 3% reduction in risk to both passengers and the railway workforce. As Government and the industry take forward an ambitious agenda for rail reform, we must maintain this improving safety record. It is essential that reform is delivered in a way which continues to ensure the highest standards of safety.
4.81 Following Hatfield, there was a pressing need to learn lessons from the tragedy and fix the problems it highlighted. This vitally important task has been tackled with real success leading to today’s high levels of safety. It has to be acknowledged, though, that the response to Hatfield is one of the factors that have driven costs upwards over recent years. The challenge now is to continue to deliver the same high levels of safety in a more efficient and cost-effective way. Government believes that more efficient railway management and asset management should go hand in hand with continued improvement of our safety record.
4.82 Government is also clear that resorting to expensive infrastructure solutions may not always be the most cost-effective way of delivering safety improvements. The rail industry is undertaking research to understand more about the behavioural causes of safety issues, with a view to taking forward intelligent, targeted interventions:
●● the RSSB on behalf of the industry, will continue to undertake research to investigate the motivations for trespassing on the railway, which see on average over 40 people killed every year; and
●● Network Rail and the Samaritans will continue their five-year partnership to reduce the number of suicides on the rail network. Government greatly welcomes this collaborative work, which in its first year contributed to a 10% reduction in suicides and a 22% reduction in consequential train delay.
4.83 Safety remains the responsibility of individual duty holders within the rail industry. Under their statutory duties, they will maintain, or where reasonably practical reduce the level of safety risk in their operations. The ORR, as the independent safety regulator, will continue to hold them to account by monitoring and enforcing the delivery of these obligations. The Rail Accident Investigation Branch will exercise an ongoing role in investigating accidents and incidents on the UK’s railways to improve safety. In future, it is crucial for passengers to be assured that the railways are not only some of the safest in Europe but continuing to improve on that record.
61 Reforming our Railways: Putting the Customer First
Environmental sustainability 4.84 Rail is a clean and low-carbon mode of travel, particularly for parts of the network that have been electrified. An efficient and attractive rail system will mean more people choosing to travel by train, increasing its carbon efficiency and reducing carbon emissions from other modes. By giving franchises greater flexibility to tailor their services to customer needs, more efficient loading of services can be achieved, with even less carbon per passenger.
4.85 In 2009 the rail industry published the ten Sustainable Development Principles25 that are now an integral part of the industry’s culture and decision making processes. These include principles aimed at reducing rail’s environmental impact, and to be carbon smart and energy-wise.
4.86 Government supports these principles and welcomes the progress the industry has made in embedding them in its strategic and day-to-day activities. The Initial Industry Plan, for example, includes proposals to manage rail-related noise and carbon emissions in Control Period 5.
4.87 While it is primarily for the industry to deliver this agenda, the Government has a role in reinforcing these principles through policies, appraisal processes and investment plans. For instance, we have included environmental requirements in the franchise specification for InterCity West Coast and our appraisal methodology takes account of a wide range of environmental impacts.
Station Travel Plans Government will continue to promote sustainable travel by supporting the development of travel plans for local rail stations. This will encourage people to travel to the station by low-carbon modes (such as by bike or on foot), and to integrate rail travel with local bus services. The Cycle Rail Working Group is promoting the use of bike to get to and from the station and will work with industry to facilitate cycle improvements.
4.88 However, more needs to be done to improve rail’s sustainability performance. In many cases this should also result in lower industry costs through smarter design of rolling stock, infrastructure, stations and depots that reduces consumption of raw materials, minimises embedded carbon and improves energy efficiency. Designing infrastructure to be resilient to future climate change, or adapting it in the course of routine maintenance or renewal work, is more efficient than repairing damage after severe weather. We intend to embed the industry’s sustainability principles in those projects where Government is the principal funder and sponsor.
25 RSSB – The Rail Industry Sustainable Development Principles – February 2009 – available from http://www.pacts.org.uk
62 4. A more efficient industry
4.89 Rail must play its part in helping to meet our legally binding air quality and carbon commitments as well as contributing to other environmental goals, including those on water quality and use, biodiversity, climate change adaptation and noise. While rail’s overall carbon footprint might rise if it takes journeys from other higher carbon modes, carbon (and other emissions) per passenger/tonne mile must decrease. The fact that rail is already an environmentally friendly mode of travel does not leave room for complacency: other modes are rapidly reducing their environmental footprint and rail will lose its competitive advantage unless it takes further action.
4.90 Improving energy performance is also crucial to keep costs under control. For instance, the industry spends considerable amounts of money lighting and heating depots and stations in ways that are often hugely inefficient. Rising energy costs could increase the industry’s annual diesel and electricity bill for traction from £600 million currently to over £900 million26 in today’s prices by 2019.
4.91 The rail industry will propose long term strategies to manage carbon and energy more efficiently and reduce other environmental impacts in the next version of the Rail Technical Strategy, for publication in autumn 2012. It is already clear that a crucial element of this sustainability strategy will be further electrification of the rail network.
4.92 Electrification can improve rail journey times and air quality at the same time as reducing operating costs, dependency on fossil fuels and noise. In a world where more of our electricity is produced from low carbon sources (by 2050, the power grid will need to be near-zero carbon), this will help reduce our carbon emissions. So the benefits of rail electrification will grow as we make progress on de-carbonising electricity generation.
4.93 Government is already funding various electrification schemes. In the Chancellor’s Growth Review,27 our programme of electrification was extended to include the north TransPennine route between York, Leeds and Manchester. We recognise the efficiency benefits of maintaining a steady programme of electrification to reduce costs and make best use of available plant and skills. We will consider the case for further electrification as part of the High Level Output Specification this year.
4.94 Nevertheless, many parts of the rail network will continue to rely on diesel rolling stock for the foreseeable future. The industry has made some progress at reducing the carbon, noise and air quality impact of diesel trains, with operators taking steps to reduce unnecessary engine idling and to refurbish rolling stock with cleaner, more efficient engines. New diesel rolling stock will also become progressively cleaner as tougher EU emission standards come into effect. In the longer term, developments in technologies such as fuel cells, batteries and flywheels may provide alternatives to conventional diesel operation. Where appropriate, Government will work with the industry to support the development and trialling of such technologies.
26 DfT estimate reflecting Department of Energy and Climate Change (DECC) assumptions about increases in oil and electricity prices. 27 Growth Review – HM Treasury – November 2010 – available from http://www.hm-treasury.gov.uk
63 Reforming our Railways: Putting the Customer First
5. Better information
Introduction 5.1 This chapter sets out the measures Government, the Office of Rail Regulation (ORR) and the rail industry are committed to taking to improve the availability of data and information to passengers and taxpayers in three separate areas:
●● the rail industry’s finances;
●● the railway’s performance; and
●● openly available rail data.
5.2 As the Open Public Services White Paper28 highlighted, public services must be responsive to the people they serve, and organisations delivering public services should be held to account by citizens and elected representatives. Transparency and open data, which are at the heart of the Government’s efficiency and reform agenda, are crucial if this is to happen.
5.3 Much information is already made available on rail-related issues. For example, the ORR publishes whole industry performance information on safety, punctuality and passenger satisfaction. It also publishes information about Network Rail’s finances and progress against efficiency targets. Timetable, fares information and real time progress of trains is available both at stations, online, and increasingly people are accessing this information through mobile computing applications.
5.4 However, transparency requirements need to apply equally to providers of public services whether they are in the public, voluntary or private sectors. In the context of the rail industry, where £3 billion of public subsidy was invested in 2010/11, the public has a right to clearer and more transparent information on costs and on performance.
28 Cabinet Office – Open Public Services White Paper – July 2011.
64 5. Better information
5.5 Research29 indicates that rail passengers believe greater transparency leads to improved scrutiny. The research showed that although rail passengers generally have limited interest in taking action themselves, they do want to see scrutiny and challenge coming from intermediary organisations displaying newly available information creatively and effectively. Such scrutiny could be achieved via formal national bodies such as Passenger Focus or via local groups such as the Cotswold Line Promotion Group.30
5.6 In the context of an industry that many looking from the outside have often found difficult to understand, and where data has not always been available to the public, it is vital that information transparency now becomes embedded in the culture. For example, Government welcomes Network Rail’s plans to publish more of its information and data on its website later this year – this represents a step in the right direction.
5.7 The industry stands to benefit from a more open approach to data. For example, improving passenger access to timetables and information on services is likely to encourage more people to use the railways as an alternative mode of travel. Government recognises that in some areas, commercial confidentiality means a completely open approach to data is not practical.
5.8 Furthermore, transparency and openly available data can be a significant driver of economic activity. We can tap into the UK’s tradition of creativity and innovation by allowing new information-based businesses access to open data to create useful services and applications. New information services and applications have the potential to give passengers increasingly accurate and real-time data about live rail services, and get more people travelling by train.
5.9 The way data is provided is also important: data must be made meaningful to those using it. People need clarity about what is available, and it must be user friendly, reflecting everyday user experience. The data should also be searchable from a common reference point, such as http://data.gov.uk. Finally, research indicates that passengers are more likely to trust information if it is published or assured by an independent source and updated regularly. There is a case for introducing quality control measures, such as an industry code of practice on the use of open data, or an accreditation scheme, to ensure that the information given to passengers is as reliable and up-to date as possible.
5.10 The ORR is committed to ensuring that passengers’ information needs are properly understood and satisfied, and that data produced by the industry is high quality, consistent and can be turned into reliable information to support key decisions. The ORR’s National Rail Trends data portal provides access to up-to-date rail statistics on a whole range of subjects.
29 This paragraph refers to research carried out for the May 2011 ORR and Passenger Focus publication – Putting Rail Information in the Public Domain, available from www.passengerfocus.org.uk 30 This group has 1750 members and seeks improvements to services between Oxford, Worcester and Hereford.
65 Reforming our Railways: Putting the Customer First
5.11 Government welcomes the ORR’s plans to consult on its approach to transparency and where and why transparency is relevant to this sector. The consultation would provide examples of the broad categories of data and information already available and set out the benefits and challenges of moving towards greater transparency in the future.
Transparent finances 5.12 Given the significant amounts of public subsidy invested every year in the railways, Sir Roy McNulty’s Rail Value for Money Study expressed an expectation that there should be more transparency around the railway’s finances. Government agrees that a much more open and transparent view of the whole industry’s finances is needed – not just those of Network Rail. This could play an important role in ensuring those who are charged with running the railways become more accountable to farepayers and taxpayers.
Where subsidy is being spent
5.13 We propose to use transparency as one of the ways to push forward with reducing the cost of running the railways. We can only deliver a better value railway if we are able to make judgements about where public money is being well spent and where value might be improved. That in turn can inform decisions about how and where subsidy is deployed. It is right to use subsidy to buy desirable outcomes for passengers that the market would not otherwise deliver, but subsidy should not be used to mask inefficiency.
5.14 This Government has therefore published clear figures showing the amount of subsidy paid to (or premium paid by) each passenger franchise, as well as an estimate of the proportion of fixed infrastructure costs that relate to them.31 We have also published further information about the cost of running the network.32 The net cost to Government and passengers of the three broad categories of railway service – long-distance, London and South East, and regional, is set out in Table 5.1.
Table 5.1 Source of funding for railway services
Net cost to Government Ratio of taxpayer to per passenger mile farepayer funding
Long distance 7.3p 25%/75%
London and South East 4.8p 19%/81%
Regional 31.1p 61%/39%
31 Department for Transport – Rail subsidy per passenger mile – May 2011 – http://www.dft.gov.uk/publications/dft-business-plan-indicators-input-01/ 32 Department for Transport – Cost of running the rail network – October 2011 – http://www.dft.gov.uk/publications/dft-business-plan-indicators-input-07/
66 5. Better information
5.15 As a further step towards transparency, and to help inform judgements about the use of public money on the railway, Government aims to publish information on its website by the end of 2012 to show:
●● the amount of subsidy by service group and by train journey; and
●● the ratio of taxpayer to farepayer funding, by franchise (rather than by service type, as shown in Table 5.1 above).
The flow of subsidy to the rail industry
6.16 The Rail Value for Money Study advocated that the Department for Transport should consider removing the Network Grant it pays to Network Rail, so that all of Network Rail’s funding comes through train operators (and property income). The study concluded that this change would provide greater transparency over industry costs, as well as making it clearer that Network Rail’s principal customers are train operators. Government agrees that transparency over the way money flows around the industry needs to be considered further, taking into account the impact on industry behaviours, as well as wider fiscal issues. We plan to announce our proposed way forward in our Statement of Funds Available, due by July 2012. We will work with the ORR through its Periodic Review to make any changes required.
Network Rail costs and revenues
5.17 As part of the periodic review process, and on an annual basis, the ORR monitors and publishes Network Rail’s financial data at a national level.33 From 2011/12, the ORR is requiring Network Rail to publish detailed financial information for each of its regional operating routes for the first time, including apportioning central costs to the route level. The ORR has also published information about the costs, income and subsidy of Network Rail and franchised train operators for each operating route.34
5.18 These initiatives will help facilitate the partnership arrangements between Network Rail and train operators described in Chapter 4 that expose operators to Network Rail’s costs at a regional level. This encourages operators to support efficiency initiatives and provide challenge where appropriate. The initiatives will also make Network Rail’s regional financial performance more transparent and comparable, driving down costs and improving performance.
Train operators’ costs and revenues
5.19 In order for whole industry collaboration on cost reduction to have full effect, we need to go beyond consideration of the infrastructure manager. Greater visibility of train operators’ costs and revenues is also needed. This will allow passengers and taxpayers to scrutinise the value for money being secured by each operating company in the provision of services. It will also enable the ORR to benchmark and publish the comparative cost-efficiency of train operators, including the cost of rolling stock, providing a reputational
33 Disaggregated between England and Wales, and Scotland. 34 Office of Rail Regulation – GB rail industry financial information 2010-11 – January 2012 – available from http://www.rail-reg.gov.uk
67 Reforming our Railways: Putting the Customer First
incentive for operators to reduce costs and enabling quicker identification and take-up of best practice.
5.20 We recognise, of course, train operators’ legitimate wish in certain circumstances to maintain commercial confidentiality. Nevertheless, Government and the ORR are working with train operators to make appropriate cost data more readily available so that greater transparency, scrutiny and accountability can play a bigger role in driving cost-efficiencies, just as it has done across central Government already.
Transparent railway performance 5.21 As the April 2011 White Paper Better Choices: better deals35 points out, greater transparency over performance information can support individuals and communities in managing public service providers, to drive improvements to services.
Transparent performance information An example of information in action is a website that plots school performance data (from OFSTED amongst others) against a Google map to help parents view how schools have performed.36
5.22 The railway’s record on publishing data on reliability, safety and other performance is considerably better than on financial data. The ORR’s quarterly publication Network Rail Monitor gives information on Network Rail’s progress on various aspects of its performance such as safety, punctuality and the delivery of projects to improve the network. Through the new National Rail Trends portal on its website, the ORR also publishes many more detailed performance statistics including punctuality for each train company. The publication of this type of information can put pressure on the service provider to drive up the quality of services.
5.23 However, Government believes there is not only much scope but also much need for improvement if passengers and others are to get a true sense of the performance of their railways, and if it is to be presented in terms that they can relate to.
Performance information below the whole franchise level
5.24 Punctuality figures are currently published on the basis of the average achieved across the whole franchise. This means that a passenger’s experience of the line they use regularly could be very different from the
35 Department for Business Innovation and Skills and Cabinet Office – Better Choices: Better Deals – April 2011 – available from http://www.cabinetoffice.gov.uk 36 See http://www.locrating.com
68 5. Better information
published figures since poor performance on one part of the franchise can be masked by high levels of reliability elsewhere.
5.25 Government and the ORR have been working with the industry to allow performance information on punctuality and reliability to be produced with a granularity below the whole franchise level. The ORR plan to publish this information by May 2012. This will allow passengers, or intermediary organisations on their behalf, to hold operators to account where performance issues exist. The recently announced franchise for the Greater Anglia network will publish reliability information below the whole franchise level. First Great Western and First TransPennine Express have also recently added more disaggregated performance information to their website on a trial basis.
Improved information on train crowding
5.26 Until recently, information on crowding on peak train services has only been available for services in London and the South East arriving at a London terminus. In 2011, the ORR published new information by London terminus and for selected regional centres outside of London and the South East. This shows service provision, passenger demand, standing passengers and (for London only) crowding information.37 By autumn 2012, we plan to release further information on crowding, particularly for regional centres, as more data becomes available.
5.27 The Department for Transport is leading on procuring a centralised passenger counts database and is pushing for the increased automation of passenger counting technology on trains. The database, which should be operational in early 2013, will provide much more information on the numbers using rail services, enhancing the planning information available to the industry.
Crowding information pilot project Following joint research by the ORR and Passenger Focus, the ORR is working in partnership with South West Trains to make crowding data available at certain stations. The aim is to assess whether making more crowding information available has an impact on passengers’ perceptions and on their choice of when to travel. Data was made available at stations and on their website in November 2011.
Complaints information
5.28 The ORR is working with train operators with the aim of publishing more disaggregated and consistent passenger complaints data, starting in the summer of 2012. This will allow passengers and their representatives to highlight those areas which are of greatest concern to passengers, with a view to exerting pressure for remedial action.
37 Office of Rail Regulation – National Rail Trends 2010-11 Yearbook – July 2011 – http://dataportal.orr.gov.uk/
69 Reforming our Railways: Putting the Customer First
5.29 Over recent years, other sectors such as health and hotels have seen a significant rise in the amount of information generated by users about services (one example is the website TripAdvisor). This information can be highly useful to users in making decisions about and driving improvements to these services. Given the number of people using train and other public transport services, one might expect there to be more user-generated information about the operation, quality and suitability of services. Government is therefore encouraged by the recent launch of My Society’s “Fix My Transport”, following the highly successful “Fix My Street”, which has recorded over 180,000 reports from users.38
Openly available data 5.30 Up to this point, this chapter has dealt with information that can be used to analyse past railway performance, whether financial or operational. As information technology and systems develop, passengers have a right to, and are increasingly demanding, more complete and more timely information about their train services.
Open data helping passengers in London A number of examples of how information services can benefit users can be found in London. Free Android and iPhone apps have been developed for the Barclays Cycle Hire Scheme in London. These allow users to see how many bikes and docking stations are available at each location. In addition, apps are available to provide live bus information, informing users of when the next bus will arrive at any London bus stop and live departure information for London Underground and DLR services.
5.31 Increasingly, passengers are accessing information about public transport online or through mobile computing applications through National Rail. Information is available to third parties for a fee, under licence. Government is keen for data to be made openly available so that it can be used by information-based businesses or individuals to create new services and applications. We are working with the transport industry to make data more openly available on timetable and real time train and bus information by April 2012. This will support the development of a real-time transport information market, helping passengers make better travel decisions and making public transport easier to use.
38 Fix My Street – www.fixmystreet.com. Fix My Transport – www.fixmytransport.com
70 5. Better information
5.32 The Department for Transport (DfT) will also work with the rail industry to broaden access to data on rail fares. As part of its fares and ticketing review, DfT is consulting on how the rail industry could provide this data in a way that encourages innovative use and the development of new information products but also protects passengers against potential misinterpretation of complex data on fares levels and restrictions. Opening up more access to this data has the potential to boost the market for fare finding and comparison services such as online search engines or mobile apps. This could include comparisons between different modes of transport. We would expect this to result in savings for passengers and businesses, better able to find and take advantage of the best deals available.
Network Rail transparency 5.33 As a private-sector company limited by guarantee, Network Rail is not currently subject to the Freedom of Information Act, although as a regulated provider of public services, in receipt of public subsidy, Network Rail publishes a significant amount of information including detailed regulatory accounts.
5.34 Network Rail recognises the demand for more of its information and data, and will begin publication on its website from mid-2012. Government welcomes these steps, which will improve the organisation’s accountability to the travelling and non-travelling public.
Conclusions 5.35 Whether on the finances or the performance of the rail industry, there are great benefits to passengers and others from improving and increasing the amount of information publicly available.
5.36 Government and the rail industry are publishing more data than ever before, and will continue to consider how greater transparency can benefit passengers and the wider public.
71 Reforming our Railways: Putting the Customer First
6. Implementing rail reform
Introduction 6.1 This chapter sets out how the measures contained in this Command Paper will be delivered and how overall they contribute to reducing the cost of the railway. It flags what has already been achieved, and the timescales for future actions.
6.2 Both during the Rail Value for Money Study and in the period since its publication, Government, the Office of Rail Regulation (ORR) and the rail industry have been working together on how to implement the changes we need to deliver a better, more efficient railway for passengers. The process has been a collaborative one, with the parties coming together to try to reach consensus on the steps needed to address the efficiency and value for money challenge. The focus has been on agreeing structures and incentives that can be pursued, and pursued rapidly, for the benefit of farepayers and taxpayers, obviating the need for reform via legislation.
6.3 The collaborative approach to reform means that Government, the ORR, the rail industry and other stakeholders have already begun to deliver some of the plans set out in this Command Paper. This early start means that the actions needed to deliver savings are already being started far more quickly than would have been the case if a legislative route had been chosen. Progress to date includes the following:
●● Network Rail announced a programme of devolving responsibility to its local route managers in February 2011. It completed this programme in November 2011;
●● individual train operators are working with Network Rail to establish alliances at the route level that produce better outcomes for passengers at lower cost;
●● DfT let the Greater Anglia franchise in October 2011. For the first time this gives train operators the responsibility for long-term maintenance and renewals at many stations, in addition to the operational functions given to previous franchisees. The ORR is taking over enforcement via the train operator licence;
●● DfT has begun franchise reform through the issue of the Invitation to Tender for the InterCity West Coast franchise. Further reforms will be included in forthcoming franchises; 72 6. Implementing rail reform
●● the ORR has commenced consultation on its Periodic Review 2013, and has consulted on the incentive framework for the rail industry (December 2011). It has engaged well and established a good deal of common ground within the rail industry;
●● PTEs and local authorities are already engaging with DfT over the opportunity for further devolution of rail decisions for regional and local services;
●● alongside this Command Paper, Government is consulting on fares and ticketing, and on devolving rail decisions to sub-national bodies. The ORR and Government have recently consulted on the role of the regulator;
●● Government and the ORR are working with the industry to improve transparency of data, with a view to securing better outcomes for passengers;
●● Government is funding a substantial programme of rail improvements over the next few years to improve journey times and bring important relief from crowding, as listed in the introductory chapter;
●● Government has announced its plans to build national high speed rail network, providing vital new capacity and faster journeys across the country from 2026;
●● as recommended by the Rail Value for Money Study, the industry has formed the Rail Delivery Group to provide whole industry leadership on priority areas of reform; and
●● this spirit of collaboration has resulted in an Initial Industry Plan that paves the way for greater efficiency and value for money.
6.4 This Command Paper sets a clear and firm framework for reforming and improving the railways for the benefit of passengers, freight and the taxpayer. However, Government’s High Level Output Specification and Statement of Funds Available, its franchise competitions and the ORR’s Periodic Review determination will be crucial to delivering rail reform. Future milestones include the following:
●● over the coming months and years a significant number of franchises will be renewed (going out to tender for Great Western and Essex Thameside in May and June 2012);
●● Government will set out by July 2012 the outputs it wants to buy from rail (the High Level Output Specification), and how much money is available (Statement of Funds Available) for the period 2014-19;
●● Network Rail and the industry will respond in Network Rail’s Strategic Business Plan in January 2013. The ORR will use this information to set Network Rail’s revenue requirement and to decide the level and structural incentives of Track Access Charges; and
●● Network Rail will be considering the scope to let concessions for managing the infrastructure on parts of the rail network, as a means of improving competition and comparison in the provision of infrastructure services.
73 Reforming our Railways: Putting the Customer First
Closing the efficiency gap 6.5 The framework for reforming and improving the railways set out in this Command Paper empowers the rail industry to deliver the changes that will close the £3.5 billion efficiency gap identified by Sir Roy McNulty’s Rail Value for Money Study, putting us amongst the best performing of our European comparators.
6.6 We believe that, as a minimum, efficiencies of £2.5 billion per year by 2018/19 are deliverable. This would be the equivalent of closing the low end of the efficiency gap range identified in the Rail Value for Money Study. These efficiency savings are embedded in industry processes already under way that will set Network Rail’s budgets and efficiency targets for the next Control Period and that will let the next generation of franchises for rail passenger services.
6.7 However, Government believes that more is attainable on efficiency and our objective is to achieve this within the framework set out in this strategy. While Network Rail regulatory efficiency targets and upcoming franchises may be focused around capturing those low-end savings identified in the Rail Value for Money Study, we will expect the rail industry, incentivised to outperform through dramatically better whole industry partnership working, to achieve a far more demanding goal on cost-efficiency. The combined impact of the reforms set out in this Command Paper has the potential to deliver savings of a further £1 billion by 2018/19, closing the high end of the efficiency gap range – £3.5 billion per year.
6.8 Achieving these savings will allow Government to commit to:
●● reduce and then end above-inflation increases in average regulated fares; and
●● reduce the burden on the taxpayer – capturing benefits either through lower subsidy or by re-investing savings to support the growth of the network.
Network Rail savings
6.9 There is a tried and tested mechanism in place for the delivery of savings from Network Rail’s activities – the ORR’s Periodic Review process which sets five-yearly budgets and efficiency targets for the company. Network Rail is already on track to deliver £1.2 billion per year of efficiency savings in the current Control Period (CP4, 2009–14). These represent the first tranche of the available savings identified by Sir Roy McNulty’s review.
6.10 The second tranche of efficiency savings will come from Network Rail’s efficiency targets for the next Control Period (CP5). The ORR previously calculated that savings of at least £0.6 billion would be achievable. These calculations were endorsed by Sir Roy’s subsequent analysis, and they have been further evidenced by work undertaken by the rail industry in producing its Initial Industry Plan (September 2011). In total, this would make Network Rail’s contribution to efficiency savings in the period to 2019 a minimum of £1.8 billion.
74 6. Implementing rail reform
6.11 The ORR will shortly put advice to Ministers (expected on 15 March 2012) setting out whether it believes that Network Rail can in practice, go further than this in CP5. We are confident that it can, building from the work already in hand to devolve responsibility within the company, and to benchmark Network Rail routes and train operators against each other. We are clear that some of the additional Network Rail efficiency is only deliverable through partnership working between Network Rail and train operators. That partnership working relies on ensuring the right incentives, particularly the right financial incentives, are in place for the industry.
6.12 The Periodic Review process will give the ORR, the rail industry, and Government a clear understanding of the balance to be struck between setting demanding efficiency targets, and leaving open the possibility and incentives for industry outperformance against those efficiency targets. The Regional Efficiency Benefit Share mechanism currently being developed by the ORR provides the foundation of this behavioural change. Bespoke partnerships or alliances offer the prospect of even greater efficiencies. The benefits of any outperformance are not lost, but come to farepayers and taxpayers through:
●● a share of any excess profit made by train operators (or additional revenue received in some older contracts);
●● a lower Revenue Requirement for Network Rail in future Control Periods;
●● better quality and more reliable services; and
●● increased value from future franchising competitions.
Train operator savings and revenues
6.13 It is essential train operators play their part in driving for further efficiency. As franchises come up for renewal over the coming months and years, we will put much greater weight on bidders’ proposals for achieving greater efficiency and cost savings. By making franchises longer and by addressing the skewed bidding incentives created by the previous cap-and-collar support regime, we are making it easier for franchise bidders to identify substantial, innovative cost reduction plans that can also deliver commercially for train operators. We are asking bidders to set out the key actions they will take to improve efficiency, and turning these into contractual obligations. Through this process, train operators will build efficiencies into their business plans, with firm deliverable dates. The benefits of this will accrue to Government in the form of higher yearly franchise premium payments from train operators (or in the case of some franchises, lower subsidy payments from Government to train operators).
6.14 The areas for savings will vary by franchise, and train operators are better placed than Government to determine how detailed savings should be achieved. However, we will ask bidders to look closely at the areas highlighted by the Rail Value for Money Study. These will include taking advantage of the more flexible franchising specifications that allow greater innovation in the way train services are scheduled, driving better value out of the rolling stock market and increasing staff productivity across the industry. Across all franchises, we expect the industry to identify and deliver
75 Reforming our Railways: Putting the Customer First
cost savings in the order of £1.2 billion by 2018/19 – the high end estimate for train operators in the Rail Value for Money Study. This will strengthen the competitiveness of firms and deliver value for farepayers and taxpayers along the way. This approach will be tested when the Department for Transport receives bids for new franchises. Bids for the first of the new round of franchises – InterCity West Coast – are due in May 2012.
6.15 Reducing the cost of running the railway is not the only way to make it more sustainable. Train operators will need to balance their drive for efficiency with efforts to attract more passengers. Growing demand for rail travel increases the industry’s revenues independent of the cost of an individual ticket, and allows us to cover more of the fixed costs of running the network.
6.16 Much of the anticipated growth in demand over the coming years will be achieved through economic and social changes, for example with people choosing to live further away from their place of work, and carrying out increasing amounts of travel for leisure purposes. However, through our franchise reform proposals we are giving train operators the incentives to invest and to deliver the quality of service that will attract more passengers to rail. Growing the railway’s revenues by increasing demand will be crucial to achieving our ambition to reduce costs for farepayers and taxpayers.
6.17 We want to see the industry, through the Rail Delivery Group, lead in driving up efficiency and demand for the railway. In times when public funds are constrained, there is no alternative to better costs management. If the railways are to earn their ‘licence to grow’ and serve more and more passengers better, it is for the industry to deliver more with less. If it cannot, Government will not be able to stand back and allow the current costs to farepayers and taxpayers to go unchecked. In all likelihood, this would mean considering greater Government prescription for the rail industry, and more radical steps to ensure value for money in the train operation and rolling stock markets.
Whole-industry support for savings
6.18 Many of the initiatives that will deliver savings are a matter for the whole industry working together. The Rail Delivery Group (RDG) will and must take a key leadership role in these areas. Among its immediate priorities are improved asset management, industry procurement, rail systems and standards, innovation and productivity, and rolling stock. The RDG’s work should generate confidence over the industry’s ability to close the low end of the efficiency gap. Its goal will be to find ways of outperforming the efficiency targets we set the industry over the coming years, with the objective of closing the high end efficiency gap of £3.5 billion.
6.19 Achieving a more efficient and effective rail network will not be easy, and will require a level of co-operation that has not been seen across the whole rail industry for many years. However, the Government is determined that these savings must be achieved. Working with the rail industry and with a wide range of other groups and individuals, we aim to deliver a railway that costs less to operate so we can give better value for money and better results for passengers, freight users, taxpayers and wider society.
76 March 2012 March
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Appendix 3:
Buckinghamshire County Council Replacement MWLP first consultation (February 2015)
BUCKINGHAMSHIRE REPLACEMENT MINERALS AND WASTE LOCAL PLAN BUCKINGHAMSHIRE REPLACEMENT MINERALS AND WASTE LOCAL PLAN 1 Executive Summary 3 2 Introduction 3 3 Relationship of the Replacement Minerals and Waste Local Plan to the Minerals and Waste Core Strategy, and Buckinghamshire Minerals and Waste Local Plan 2006 4 4 Scoping the Replacement Minerals and Waste Local Plan 5 5 Review of policies 'Saved' from the Buckinghamshire Minerals and Waste Local Plan 5 6 Relationship with the National Planning Framework (NPPF) and the National Planning Policy for Waste (NPPW) 10 7 Consultation Questions 17 8 Next Steps 24 Appendix 1: Glossary 26 Council County Buckinghamshire 1 Executive Summary
1.1 This is the first consultation on the content and direction of a new Local Plan for the control of mineral extraction and waste management developments within the county of Buckinghamshire. It seeks to develop new planning policies so as to be fully consistent with the National Planning Policy Framework published by the Department for Communities and Local Government (DCLG) in 2012, and the National Planning Policy for Waste published in the autumn of 2014.
2 Introduction
2.1 Buckinghamshire County Council is beginning the preparation of a Replacement Minerals and Waste Local Plan (RMWLP), with a consultation under Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012. In 2014, the Council published a new ‘Minerals and Waste Local Development Scheme’ (MWLDS) which expresses the intention to develop a new Local Plan which will address the issues in those policies which were ‘Saved’ (by Direction form the Secretary of State) but not replaced. The ‘Minerals and Waste Development Plan’ with respect to minerals and waste developments in Buckinghamshire, is explained further in section 3.
2.2 This consultation initiates the plan making process, and seeks the views of the public and stakeholders on key issues. The views expressed in response to this consultation will be important in informing the direction and content of the Replacement Minerals and Waste Local Plan for Buckinghamshire (RMWLP).This consultation document does not state policy, or identify sites for future waste or mineral extraction uses.
2.3 Following the end of this consultation, the representations received will be collated, and used to inform the preparation of the Draft Replacement Minerals and Waste Local Plan (RMWLP). The ‘Minerals and Waste Local Development Scheme’ indicates the intention to consult on a draft RMWLP during the last quarter of 2015 (October to December). This can be found on the websites at http://www.buckscc.gov.uk/environment/planning/ minerals-and-waste-planning-policy/local-development-scheme-2014/ .The draft Plan will set out draft policies and site allocations, and will be the first statement of the Council’s
minerals and waste planning policies since the publication of the National Planning Policy Buckinghamshire Framework (NPPF) and the National Planning Policy for Waste (NPPW).
2.4 The RMWLP will later be submitted to the Secretary of State for examination in public. In order for the planning inspector (appointed by the Secretary of State) to find the Plan ‘Sound’ (according to paragraph 182 of the National Planning Policy Framework) the RMWLP must be: County a. Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including
unmet requirements from neighbouring authorities where it is reasonable to do so and Council consistent with achieving sustainable development; b. Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence; c. Effective – the plan should be deliverable over its period and based on effective joint 3 working on cross-boundary strategic priorities; and d. Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF. 2.5 The RMWLP will need a considerable amount of supporting evidence and documentation, in order to fulfil each of the criteria in paragraph 182 of the NPPF, as quoted above. For instance, it will be important to show the deliverability of policies and site allocations. It will be particularly important to show how the Plan has fulfilled the ‘Duty to Co-operate’ obligation during its preparation. In addition, each consultation document during the preparation of the Plan will be subject to the process known as Strategic Environmental Assessment (SEA), and each SEA appraisal will need to be shown to have influenced the development of the Plan.
3 Relationship of the Replacement Minerals and Waste Local Plan to the Minerals and Waste Core Strategy, and Buckinghamshire Minerals and Waste Local Plan 2006
3.1 In respect of policies from the 2006 Buckinghamshire Minerals and Waste Local Plan (BMWLP), some were replaced by policies in the Minerals and Waste Core Strategy (MWCS) adopted in November 2012. The National Planning Policy Framework (NPPF) was published in March 2012, and the National Planning Policy for Waste in October 2014.
3.2 There are also policies in the 2006 BMWLP which were not replaced by the policies in the MWCS, and which it is appropriate to address again, in order to make them consistent with the National Planning Policy Framework, and the National Planning Policy for Waste. Consequently the ‘Saved’ policies are intended to be replaced by new policies in the Replacement Minerals and Waste Local Plan. Paragraphs 215 and 216 of the NPPF indicate that new planning policies should be developed as quickly as possible, in order to bring local plan policy coverage to being consistent with the NPPF.
3.3 In addition, circumstances locally and nationally continue to change in respect of a number of minerals and waste issues. Arising from the Localism Act, and the National Planning Policy Framework (NPPF), the level of the provision of aggregate minerals in the area of any Mineral Planning Authority is now more within the control of the Mineral Planning Authority itself, (such as Buckinghamshire County Council). In order to be consistent with the National Planning Policy Framework (NPPF) it will be important for the RMWLP to provide sufficient sites for aggregate minerals for the needs of the economy. In order to do so new ‘Preferred Areas’ are one of the possible methods by which future sand and gravel extraction may be identified within the RMWLP.
Council 3.4 In respect of waste, the Government published in October 2014 the ‘National Planning Policy for Waste’. This provides policy guidance to enable the continued move away from the reliance on landfill, and towards greater waste prevention, reuse, minimisation, and other County forms of waste ‘recovery’. Within Buckinghamshire this trend will need to be further assisted by the provision of more waste recovery capacity, in order to handle commercial, industrial, as well as municipal wastes. To enable this to take place will requires specific sites for new waste management use to be identified within the RMWLP. There is also a rapidly diminishing capacity in respect of available non-hazardous waste landfill space.
3.5 In respect of energy minerals, the exploration for gas from shale has recently begun Buckinghamshire in the UK. The extent of this exploration, and whether it will lead to significant levels of
4 production of gas from shale, is yet to be known. However, no exploration or production of shale gas, (or any other form of oil and gas) has taken place in Buckinghamshire. Nevertheless it will be prudent to develop new policies in order to address the potential that exploration for oil and gas may take place in the future within Buckinghamshire. 4 Scoping the Replacement Minerals and Waste Local Plan
4.1 The Regulation 18 consultation for the Replacement Minerals and Waste Local Plan (RMWLP) will have the key tasks of:
Determining what are the issues that are to be addressed by developing ne new policies, and what directions the plan should take in addressing these issues.
Allowing landowners and operators to nominate sites to be considered as potential allocations for future mineral working, and for waste ‘recovery’ uses (including reuse, recycling, and composting).
4.2 When the RMWLP is adopted, the Minerals and Waste Development Plan for Buckinghamshire will comprise of two documents, which will then be up to date with the National Planning Policy- Framework (NPPF) and other national planning policy, and guidance. Together, these two documents will provide robust and up to date policies with which the Council will be able to make more informed planning decisions, and against which both developers, businesses, and residents alike will have greater certainty concerning where, and in what form, mineral extraction and waste management developments will take place in the future. Policies of the District Local Plans are also part of the 'Development Plan' and may be relevant to in deciding planning applications.
5 Review of policies 'Saved' from the Buckinghamshire Minerals and Waste Local Plan
5.1 The majority of policies from the Buckinghamshire Minerals and Waste Local Plan adopted in 2006, were ‘Saved’ by a Direction of the Secretary of State in 2008, and are still relevant to determination of planning applications. Some of these were replaced by the policies of the Minerals and Waste Core Strategy, but not all. The table below shows the origin of minerals and waste policies, their status, and whether further action is intended.
Policy Status Replacing Policy Further Action/consistency with
NPPF Buckinghamshire
BMWLP 1: Replaced MWCS CS1: Minerals No immediate action Overarching Minerals Safeguarding appropriate. Extraction Principles
BMWLP 2: Aggregates Replaced MWCS CS 4: No immediate action
Landbank Maintaining the Level appropriate. County of Sand and Gravel Provision Council BMWLP 3: Preferred Replaced MWCS CS 5: Replacement Minerals and Areas for Sand and Preferred Areas Waste Local Plan will Gravel Extraction identify new Preferred Areas 5 BMWLP 4: Areas of Replaced MWCS CS 2: Areas No immediate action Search of Search appropriate. Policy Status Replacing Policy Further Action/consistency with NPPF
BMWLP 5: Borrow Pits Saved, not No replacing policy Review for consistency with and Other Windfall replaced. NPPF. May need a Sites replacement policy to be developed in the RMWLP.
BMWLP 6: Alternative Replaced MWCS CS No immediate action Aggregates Production 6:Alternative appropriate. Aggregates Production
BMWLP 7: The Saved, not No replacing policy Review for consistency with Transport of replaced. NPPF. May need a Aggregates replacement policy to be developed in the RMWLP.
BMWLP 8: Other Replaced MWCS CS 3: No immediate action Minerals Non-Aggregate appropriate. Working
BMWLP 9: Oil Saved, not No replacing policy To be revisited during the Exploration replaced. development of the RMWLP, to take into account the 14th round of PEDL Licensing.
Review for consistency with NPPF. May need a replacement policy to be developed in the RMWLP.
BMWLP 10: Replaced MWCS policies CS 8: Site allocations for waste Overarching Waste Waste Audit, CS 9: recovery uses to be made in Management Additional Waste the RMWLP.
Council Principles Management Capacity, CS 10: Recycling and
County Composting Capacity, CS 15: Landfill, and CS 16: Management of Imported Waste
BMWLP 11: Imported Replaced MWCS CS 16: No immediate action Wastes and Landfill Management of appropriate. Buckinghamshire sites Imported Waste 6 Policy Status Replacing Policy Further Action/consistency with NPPF
BMWLP 12: Integrated Replaced MWCS CS 11: No immediate action Waste Management Strategic Waste appropriate. Complex at Calvert Landfill site
BMWLP 13: Replaced MWCS CS 10: Sites to be allocated in the Recycling/composting Recycling and RMWLP to provide 386,000 facilities composting capacity tonnes of additional recycling/composting capacity.
BMWLP 14: Saved, not No replacing policy Need to revisit this policy in Household Waste replaced the development of RMWLP, Recycling Centres taking into account the (HWRCs) JMWS. Review for consistency with NPPF. May need a replacement policy to be developed in the RMWLP.
BMWLP 15: Waste Replaced MWCS policies CS 10 MWCS policies CS10 and Transfer Stations (Recycling and CS12 are to be monitored. Composting Capacity) and CS12.(Essential Infrastructure to support the Strategic Waste Complex at Calvert)
BMWLP 16: Anaerobic Saved, not No replacing policy Review for consistency with and Mechanical replaced NPPF. May need a Buckinghamshire Biological Treatment replacement policy to be Plant developed in the RMWLP.
BMWLP 17: Energy Replaced MWCS policy CS 11, Monitor implementation of from Waste Plant and CS 13 contingency policy CS 13
BMWLP 18: Landfill Replaced MWCS policy Cs 15. No immediate action County and Landraising appropriate.
BMWLP 19: Calvert Replaced MWCS policies: No immediate action Council Landfill Site appropriate. CS 11: Strategic Waste Complex at
Calvert Landfill Site 7 Policy Status Replacing Policy Further Action/consistency with NPPF
CS 12: Essential Infrastructure to support he Strategic Waste Complex at Landfill Site
BMWLP 20: Landfill Saved, not No replacing policy Revoke, but no replacement Gas Collection and replaced. policy required. Energy Recovery
BMWLP 21: Saved, not No replacing policy Review for consistency with Hazardous Wastes replaced NPPF and NPPW. May need a replacement policy to be developed in the RMWLP. Take into consideration the NSIP regime and guidance on Hazardous waste.
BMWLP 22: Inert Replaced MWCS policy CS6 No immediate action waste, and inert waste appropriate. recycling
BMWLP 23: Sewage Replaced MWCS policy CS17 No immediate action Treatment Works and appropriate. Management of Sewage Sludge
BMWLP 24: Replaced MWCS policies CS 18 No immediate action Protection of Key Protection of appropriate. Environmental Assets Environmental Assets of National Importance, and Council CS 21 The Chilterns Area of Outstanding
County Natural Beauty
BMWLP 25: Replaced MWCS policy CS 19: No immediate action Protection of Other Protection of Assets appropriate. Environmentally of Local Importance Important Sites and
Buckinghamshire Features
8 BMWLP 26: Not Saved No replacing policy No immediate action Protection of appropriate. Agricultural Land Policy Status Replacing Policy Further Action/consistency with NPPF
BMWLP 27: Protection Replaced MWCS policy CS 20 No immediate action of The Green Belt Green Belt appropriate.
BMWLP 28: Amenity Saved, not No replacing policy Review for consistency with replaced. NPPF and NPPW. May need a replacement policy to be developed in the RMWLP.
BMWLP 29: Buffer Saved, not No replacing policy Review for consistency with Zones replaced NPPF. May need a replacement policy to be developed in the RMWLP.
BMWLP 30: Proximity Replaced MWCS policies CS 7 No immediate action Principle and Rail Aggregate appropriate. Sustainable Transport Depots and Wharf Facilities
CS 22: Design and Climate Change
BMWLP 31: Saved, but No replacing policy Review for consistency with Restoration and not replaced NPPF. May need a Aftercare replacement policy to be developed in the RMWLP.
BMWLP 32: Saved, but No replacing policy Review for consistency with Restoration of Old not replaced NPPF. May need a Sites replacement policy to be
developed in the RMWLP. Buckinghamshire
BMWLP 33: Replaced MWCS policy CS 22: No immediate action Groundwater and Design and Climate appropriate. Floodplain Protection Change
BMWLP 34: Aviation Saved, but No replacing policy Review for consistency with Safeguarding Areas not replaced NPPF. May need a County replacement policy to be developed in the RMWLP.
BMWLP 35: Best Not Saved No replacing policy No immediate action Council Practicable appropriate. BPEO is no Environmental Option longer part of national policy
or guidance. 9 Policy Status Replacing Policy Further Action/consistency with NPPF
BMWLP 36: Planning Saved, but No replacing policy Recent legislation has Application Issues not replaced removed the need for a policy on this issue.
BMWLP 37: Saved, but No replacing policy Recent legislation has Environmental not replaced removed the need for a Assessment policy on this issue.
BMWLP 38: Planning Saved, but No replacing policy Recent legislation has Obligations not replaced removed the need for a policy on this issue.
BMWLP 39: Site Saved, but No replacing policy Recent legislation has Monitoring and not replaced removed the need for a Enforcement policy on this issue.
BMWLP 40: Replaced MWCS policy CS 24 Review for consistency with Monitoring the Plan NPPF. May need a replacement policy to be developed in the RMWLP, or modification.
Table 1
6 Relationship with the National Planning Framework (NPPF) and the National Planning Policy for Waste (NPPW)
6.1 The Minerals and Waste Core Strategy (MWCS) was subject to Hearings at the time of the publication of the draft National Planning Policy Framework (NPPF) in March 2012, as part of its Examination in Public. A Self- Assessment of compliance by the MWCS with the NPPF was published as part of the Evidence Base of documents, and the Inspector accepted that subject to Modifications, that the draft policies of the MWCS were compliant with the NPPF. The policies of the MWCS are therefore in conformity with the NPPF. Council 6.2 However, the remaining ‘Saved’ policies from the BMWLP adopted in 2006 which were not replaced by the MWCS, have not been assessed for consistency with the NPPF and the County more recently published NPPW (National Planning Policy for Waste). The numbers of the BMWLP policies that need to be assessed are as follows:
5, 7, 9, 14, 16, 20, 21, 28, 29, 31, 32, 34, 36, 37, 38, 39. These are discussed below.
6.3 Particularly relevant is the presumption in favour of sustainable development in paragraph 14, and the four tests of the Soundness of a Local Plan set out in paragraph 182 Buckinghamshire (of the NPPF). The NPPF has changed planning policy from being regulatory to being positive, and promoting sustainable development. 10 Policy 5
Borrowpits
This policy is written in a very regulatory manner, and is not positive in character.
Recommendation: Since this policy was adopted before the publication of the National Planning Policy Framework, it is a strong candidate for being reviewed in the Replacement Minerals and Waste Local Plan
Policy 7
The Transport of Aggregates
This policy only seeks to safeguard existing and former rail served aggregates depots, and is notably weak in promoting alternative modes of transport, other than road.
Recommendation: This policy does not promote sustainable development and is therefore a strong candidate to be revisited.
Policy 9
Oil exploration
This policy is incorrectly titled, since it refers only to Oil although the text refers to Oil and Gas.
Recommendation: The policy is inconsistent with the recently published ‘Planning Practice Guidance for Onshore Oil and Gas’, and the National Planning Policy Framework, and It will therefore be appropriate to revisit this issue in the Replacement Minerals and Waste Buckinghamshire Local Plan.
Policy 14 County Household Waste Recycling Centres (HWRCs)
This policy is not positive, and merely indicates that additional sites will be ‘put forward’ Council to address ‘emerging needs’.
Recommendation: This issue is a strong candidate to be revisited in the development
of the Replacement Minerals and Waste Local Plan 1 1 Policy 16
Anaerobic Digestion and Mechanical-Biological Treatment
This policy supports, but does not enable, the development of more Anaerobic Digestion and Mechanical – Biological Treatment capacity. These are specific technologies among many forms of waste recovery, whereas the other forms of waste recovery technologies are only referred to as ‘other advanced techniques’.
In addition, the ending to criteria b), concerning landfilling and Best Practicable Environmental Option, is unnecessary.
Recommendation: This policy is ineffectual and contains unnecessary elements, and is therefore a very strong candidate to be revisited in the development of the Replacement Minerals and Waste Local Plan.
Policy 20
Landfill Gas Collection and Energy Recovery
This policy is regulatory in nature. In addition, the collection and utilisation of landfill gas is on the one hand encouraged financially, and on the other hand required through Environmental Permitting. By comparison, ‘energy recovery’ from other waste facilities is a separate matter, and has different land use characteristics. To insist in a policy that landfill gas is collected, or energy is recovered from non-inert landfill facilities, may be unnecessary, given that these matters are required by other legislation,
Recommendation: This issue is the subject of separate legislation and is not an appropriate candidate for a replacement policy Council County Buckinghamshire 12 Policy 21
Hazardous Wastes
The first part of this policy seeks to make ‘greater use’ of sites capable of accepting hazardous waste. However since all wastes have to be pre-treated, then whether they are Recovery or Disposal facilities, such facilities will in any case be put to a ‘greater use’.
The second part of this policy talks about working with relevant parties to identify a sub-regional need for new hazardous waste management capacity. There is no upto date strategy or joint work with regard to this matter. In addition, many large scale waste facilities for managing hazardous wastes are now National Strategically Important Projects, for which planning applications are determined by the Planning Inspectorate. Policy on hazardous wastes will still be appropriate for use in determining small scale applications, and in commenting on applications for a Development Consent Order.
Recommendation: Given the altered role of Waste Planning Authorities with regards to hazardous wastes, then it is highly appropriate to revisit this issue in the development of the Replacement Minerals and Waste Local Plan.
Policy 28
Amenity
This existing policy is regulatory in wording, and not positive. Applications are intended to be determined considering the implications of a proposed development as a whole, and not in isolation.
Paragraph 143 bullet 6 of the NPPF refers to many of the same issues as policy 28, with the wording such as: ‘do not have unacceptable adverse impacts on’… This is a Buckinghamshire significant shift in emphasis. In addition, policy 28 brings together a wide range of impacts which do not necessarily have any objective standards as to what is, or is not, ‘…significant levels of adverse disturbance’. The single quantifiable issue is noise. The Planning Practice Guidance does contain material, and also refers to the Noise Policy Statement for England. The presumption in favour of sustainable development at paragraph 14 of the NPPF cites: County ‘any adverse impacts of doing so would significantly and demonstrably outweigh the benefits’. Council Consequently adverse impacts on amenity should not be considered in isolation, but in the overall balance of whether to permit or refuse permission for an individual development. 13 Recommendation: This policy is not positive and does not promote sustainable development, and is therefore a strong candidate to be revisited in the development of the Replacement Minerals and Waste Local Plan. Policy 29
Buffer zones
Policy 29 and 28 both relate to amenity issues. It is certainly the case that the division between the responsibility for minerals and waste planning, and that for planning for other forms of development, has frequently led to sensitive developments encroaching onto prior existing waste uses, including sewage treatment works. Appropriate care needs to be taken in either permitting the mineral or waste development, as well as in allocating sites or permitting, the more ‘sensitive’ development.
Recommendation: since the wording of this policy is regulatory, and not positive it is a strong candidate to be revisited in the development of the Replacement Minerals and Waste Local Plan.
Policy 31
Restoration and aftercare
The requirements of this policy for a ‘restoration and aftercare scheme’ are now taken away by the requirement for ‘Local Lists’. In addition the wording of the policy is not positive, and it does not promote sustainable development.
The policy also refers to Aviation Safeguarding, and is therefore consistent with NPPF at paragraph 143. (Civilian and military airfields can both be endangered by birds being attracted to them or sites near to them, and potentially impacting on aircraft while in flight.) However the remainder of the policy does not take the opportunity to promote the wide potential of restored minerals and waste sites to contribute to the sustainability of the County, and to add to public access, biodiversity, and many other beneficial characteristics.
Recommendation: This policy is not sufficiently positive in promoting the wide range of sustainable forms of restoration and aftercare which are achievable with respect to
Council mineral workings and waste management facilities. This policy is a strong candidate to be revisited in the development of the Replacement Minerals and Waste Local Plan. County Buckinghamshire 14 Policy 32
Restoration of old sites
This policy arose out of the Review of Old Mining Permissions under the Environment Act 1996, and addresses the need to ensure that old mineral working sites are reclaimed satisfactorily. Two of the three criteria relate to the Colne Valley Park.
Recommendation: This policy refers to the statutory process for the review of Old Mining Permissions, which is now largely completed, and is a strong candidate to be revisited in the development of the Replacement Minerals and Waste Local Plan.
Policy 34
Aviation Safeguarding areas
This policy repeats the procedures contained in Circular 01/2003 concerning protecting Airfields/airports from new developments which may attract birds who may impact upon aircraft while in flight, but does not state what positive measures will be undertaken to make minerals and /or waste developments compatible with the objectives of aviation safeguarding.
Recommendation: This policy is a strong candidate to be revisited in the development of the Replacement Minerals and Waste Local Plan in order to be more positive, and to promote sustainable development.
Policy 36
Planning application issues Buckinghamshire
The need for this policy has been removed by the introduction of ‘Local Lists’ of information to accompany planning applications.
Recommendation: This issue is the subject of separate legislation concerning its application within the Development Management process, and is not an appropriate
candidate for a replacement policy. County Council 15 Policy 37
Environmental Assessment
Environmental Assessment is a procedural matter in minerals and waste development management. As such it is an inappropriate matter for a policy, since policies are to be interpreted so as to inform decisions.
Recommendation: This issue is the subject of separate legislation concerning its application within the Development Management process, and is not an appropriate candidate for a replacement policy.
Policy 38
Planning obligations and conditions
The scope to use Planning Obligations and Conditions in planning decisions are procedural matters in minerals and waste development management, alongside planning conditions. The scope for Planning Obligations to be used is an inappropriate matter for a policy, since policies are to be interpreted to inform decisions as to whether a development should be permitted or refused.
Recommendation: This issue is the subject of separate legislation concerning its application within the Development Management process, and is not an appropriate candidate for a replacement policy
Policy 39
Site monitoring and enforcement
This policy is prescriptive in its timetable for site monitoring visits, and actions to be taken
Council in case of breaches of planning control. It is questionable whether there is a need for a policy concerning either site monitoring or enforcement, since neither are matters relating to the granting or refusal of permission. In addition, the frequency of site monitoring visits
County is not necessarily a matter to be stated in policy, since they may need to be varied. In addition the NPPF refers to local planning authorities publishing a local enforcement plan to manage enforcement proactively.
Recommendation: This policy should be replaced with one which is more positive, and consistent with the NPPF. Buckinghamshire 16 7 Consultation Questions
7.1 Given the contents of sections 2 to 6 above, this Consultation Document now sets out certain questions concerning the issues identified, and potential choices to address each of them. Some information concerning each of these issues is available to assist the reader in the Background Papers attached. Please express your preferences to as many questions as possible.
Question 1
Allocations for sand and gravel working (to replace BMWLP 3):
The Replacement Minerals and Waste Local Plan (RMWLP) will allocate sufficient land in ‘Preferred Areas’ for sand and gravel extraction in order to satisfy the commitment to maintain a 7 year landbank of sand and gravel, according to policy CS 4 in the Minerals and Waste Core Strategy, and paragraph 143 of the National Planning Policy Framework. The allocation of sites for sand and gravel working can be achieved in several ways.
The constraints on the locations of aggregate mineral workings
In order to comply with policy CS 4 the amount of sand and gravel to be provided throughout the period of the Plan will need to take into account the Local Aggregate Assessments produced by the County Council each year. Since the introduction of the National Planning Policy Framework (NPPF) Buckinghamshire has produced two Local Aggregate Assessments which are technical reports concerning the recent supply and demand for aggregates within the County. Local Aggregates Assessments include information on sources of supply, the levels of reserves with planning permission.
Local Aggregate Assessment for 2013
Local Aggregate Assessment for 2014 Buckinghamshire Question 2
Allocations for waste recovery uses (to replace BMWLP 10):
The Replacement Minerals and Waste Local Plan will allocate land for waste recovery uses, in order to satisfy the commitments in policies CS9 and CS 10 of the Minerals and County Waste Core Strategy, and provide an additional 386,000 tonnes of waste recovery capacity by 2026. ‘Waste recovery’ is a term deriving from the Waste Framework Directive
(2008/98/EC) and includes a range of uses such as transfer, bulking up, separation, and Council composting, among other waste management processes, for facilities which will manage household and/or business wastes.
Constraints on the locations of waste recovery facilities 17 Question 3
Borrow Pits (to replace BMWLP 5):
Temporary mineral working sites (‘borrow pits’) are frequently sought adjacent to the sites of major construction projects, such as roads and motorways.
The benefits and dis-benefits of temporary mineral workings for specific construction projects
Question 4
The Transport of Aggregates (to replace BMWLP 7):
Some minerals, in some circumstances, and in some locations, can be transported by other modes other than road, such as rail, ship, or pipeline.
Constraints on the transport of aggregate minerals
Question 5
Oil and Gas (to replace BMWLP 9):
Oil and gas are ‘hydrocarbons’, particular types of minerals which are essential to the economy, since they provide power for industry, homes, transport and business. The exploration for, and production of these energy minerals is subject to licensing by the Government. The Department for Energy and Climate Change (DECC) regulates the exploration and extraction of oil and gas through the issue of Petroleum Exploration and Development Licenses (PEDLs). In respect of development involving hydraulic fracturing (‘fracking’) DECC imposes additional controls to prevent seismic events. In addition, oil and gas extraction developments require planning permission, which may include
Council Environmental Impact Assessment. A considerable range of information is required for the planning application process. Oil and gas developments are also regulated by the Environment Agency (concerning the protection of the water environment, and the
County disposal of wastes), and the Health and Safety Executive (concerning the design and integrity of the well), as well as DECC, and the Mineral Planning Authority.
DECC undertook a 14th round of Licensing for onshore oil and gas from July to October 2014, and land in Buckinghamshire was included among the ‘Blocks’ of land identified as available for Licensing. If PEDL Licences are granted on land within Buckinghamshire then planning applications may come forward, for the use of land for exploration and
Buckinghamshire production of oil or gas.
18 Onshore Oil and Gas exploration and production
‘Frequently Asked Questions’ Note on ‘Fracking’ Question 6
Household Waste Recycling Centres (to replace BMWLP 14):
Household Waste Recycling Centres
Question 7
Anaerobic Digestion and Mechanical Biological Treatment plants (to replace BMWLP 16):
Anaerobic Digestion (AD) is a technology increasingly used in the UK, to manage food waste. It produces a gas which can be used for energy generation, and a ‘digestate’ which can be used as agricultural fertiliser. Mechanical Biological Treatment (MBT) involves an assembly of processes, and is a combination of both biological and physical processes, which can be arranged in a number of different ways. MBT combines mechanical sorting with a biological digestion process (such as Anaerobic Digestion). Both of these forms of waste recovery take place in enclosed buildings and structures.
Anaerobic Digestion and Mechanical Biological Treatment Plants, and their locational requirements
Question 8
Secondary Recovered Fuel (SRF) and Refuse Derived Fuel (RDF):
The utilisation of waste as a fuel requires the prior sorting and bulking of wastes to create either Refuse Derived Fuel or Secondary Recovered Fuel, before they are transported Buckinghamshire to a utilising incinerator, such as a cement kiln or electricity generating station.
Locational issues for the siting of plants for the production of Secondary Recycled Fuels and Refuse Derived Fuels County Council 19 Question 9
The Sustainable Transport of Wastes (to replace BMWLP 30):
Waste often travels substantial distances, most often by road, from the point of its arising to where it is recovered, pre-treated, and disposed of. The greater the distance that waste travels, then the more that it contributes to climate change, air pollution, and the degradation of road surfaces. Waste is also transported in some circumstances by rail, river, or canal.
The available modes of transport of waste, and their implications for sustainable development
Question 10
Hazardous Wastes (to replace BMWLP 21):
A relatively small proportion of wastes are classed as ‘Hazardous’, since they are potentially harmful in nature, and need specialist facilities for their recovery and disposal. This category includes, but is not limited to, the following materials:
asbestos chemicals, e.g. brake fluid or print toner batteries solvents pesticides oils (except edible ones), e.g. car oil equipment containing ozone depleting substances, e.g. fridges waste electrical and electronic equipment
Recovery facilities for these wastes include facilities for their bulking up and transfer to sites where they can be disposed of by incineration, other energy recovery technologies, recycling, and/or landfilling. Council Where can Hazardous waste be managed? County Buckinghamshire 20 Question 11
Amenity (to replace BMWLP 28):
In planning, the term ‘amenity’ means the ability to enjoy your location. There are a number of issues which can impact upon the amenity of occupiers adjacent to mineral workings and waste facilities. Examples include noise, dust, lighting, odours, vibrations, and pests. These matters are capable of being managed during the operational life of a mineral working site or waste management facility, and may be controlled by planning conditions, Environmental Permitting, or statutory nuisance powers.
The environmental impacts of mineral extraction and waste recovery operations, and the methods of mitigating them
Question 12
Buffer Zones (to replace BMWLP 29):
In order to prevent a conflict between a mineral working site or waste management facility, and nearby occupiers, a separation distance or ‘buffer zone’ may be insisted upon when granting planning permission. In creating ‘Buffer zones’ between the minerals extraction operation or waste use, and adjacent occupiers, this can mitigate impacts such as noise emissions, or visual intrusion of these operations. However note that ‘buffer zones’ increase the area of land taken up by the development overall.
The environmental impacts of mineral extraction and waste recovery operations, and the methods of mitigating them.
Question 13 Buckinghamshire
Restoration and Aftercare (to replace BMWLP 31):
When mineral working sites are reclaimed there is considerable scope to increase the amenity, biodiversity, resilience, and recreational value of a reclaimed site, compared to its former use. (Examples include the creation of additional footpaths and rights of
way, new habitats and landscape features, and flood mitigation measures.) Should the County reclamation of mineral working sites always be according to after-use schemes which provide the benefits listed above? Landowners of mineral working sites may not always be willing, for example, because of any potential loss of productivity they may experience, Council as a result of reclamation of the land to an after-use which is less productive, compared to its former use. Any after-use of a site worked for minerals will need to be financially viable. 21 The Potential for the innovative reclamation of mineral workings in Buckinghamshire Question 14
Aviation Safeguarding Areas (to replace BMWLP 34):
Buckinghamshire is in close proximity to both civil aviation airports (Heathrow and Luton), as well as military airfields. Both of these kinds of sites are subject to the risk of ‘birdstrike’, where wildfowl can collide with and damage aircraft, and endanger passengers.
The risks and mitigation measures available concerning reclamation and after-uses of mineral workings near to airports/airfields
Question 15
Planning Application Issues:
The matters covered by ‘Saved’ policy 36 are a requirement of separate legislation, and a new policy is therefore not appropriate.
Development Management information requirements
Question 16
Environmental Assessment:
Whether any individual planning application is to be the subject of Environmental Impact Assessment is a matter of law and interpretation, on a case by case basis. The particular characteristics of the development and its location influence whether the individual application is a candidate for Environmental Impact assessment. Policy 37 in the Buckinghamshire Minerals and Waste Local Plan indicates that Environmental Assessment may be required for developments within the Chilterns AONB. Since these
Council matters are covered by separate legislation there is no need to develop a fresh policy on them.
County How is Environmental Impact Assessment applied in the planning control of minerals extraction and waste recovery developments? Buckinghamshire 22 Question 17
Planning Obligations:
Planning Obligations and Planning Conditions are both legislative administrative measures which can be used to secure more sustainable development. These measures are used on a regular basis to control minerals and waste developments, and there use is controlled by legislation. Policy 38 in the Buckinghamshire Minerals and Waste Local Plan indicates when Obligations will be used. Since these matters are covered by separate legislation there is no need to develop a fresh policy on them.
The Application of Planning Obligations and Planning Conditions, and Monitoring and Enforcement Issues relating to Mineral Extraction and Waste Management Developments
Question 18
Site Monitoring and Enforcement:
The County Council is the Mineral Planning Authority and Waste Planning Authority (MPA/WPA) for Buckinghamshire, and responsible for monitoring (by inspections) both chargeable and non-chargeable sites, as well as securing their planning control by enforcement action, where necessary. The frequency of monitoring inspections depends upon the nature of the operation, and the stage of the development of the site. In addition, whether Enforcement action is ultimately necessary will depend upon the nature of the development, and parties involved. Since the NPPF refers to the publication of a ‘local enforcement plan’ by local planning authorities, and the Site Monitoring Fees Regime has been published, it is not appropriate to develop a policy on this issue.
The Application of Planning Obligations and Planning Conditions, and Monitoring and Enforcement Issues relating to Mineral Extraction and Waste Management Developments Buckinghamshire
Question 19
The time period of the Replacement Minerals and Waste Local Plan:
According to the National Planning Policy Framework (paragraph 157) Local Plans are County to be drawn up over an appropriate time scale, preferably a 15-year time horizon. This period is sufficient in which to monitor developments in the area, and changes in national policy, and monitor what new policies or amendments may be appropriate. Council 23 Question 20
Are there any other issues that Replacement Minerals and Waste Local Plan should address?
Please note that existing Minerals and Waste Core Strategy policies and allocations are unlikely candidates to be revisited, unless there have been substantial changes to the circumstances of that policy issue since the adoption of the Minerals and Waste Core Strategy in November 2012.
Call for Sites’ for potential site allocations:
In order to allocate new Preferred Areas for mineral extraction and for waste recovery uses, the Replacement Minerals and Waste Local Plan will need to consider sites which are deliverable. Please indicate any sites for mineral extraction or waste recovery use using the attached proforma, and providing as much information about the site as possible. These sites will be considered, and appraised according to policies CS5 and CS10 in the Minerals and Waste Core Strategy. ‘Preferred Areas/Sites’ will be included in the Draft Replacement Minerals and Waste Local Plan, when it is published. Any sites suggested or brought forward without the agreement of the landowner will not be taken further in the Plan making process.
8 Next Steps
8.1 Following the end of this consultation the valid representations received will be compiled. They will then be considered as to how to take them forward in the development of draft policies, as well as site allocations. Suggested sites will also play a considerable part in developing draft site allocations. A Draft Replacement Minerals and Waste Local Plan will be developed taking into account the input of the Sustainability Appraisal and Strategic Environmental Assessment of draft policies and site allocations, and in consultation with the Cabinet Member for Planning and Environment.
8.2 In developing policies for the Draft Replacement Minerals and Waste Local Plan they will need to be consistent with the NPPF, the Planning Practice Guidance, and the NPPW, in order to satisfy the four tests of ‘Soundness’ in paragraph 182 (of the NPPF). All draft
Council Policies will need to be supported by evidence (‘justified’) and show how the particular characteristics of Buckinghamshire support the proposed policies.
County 8.3 The sites brought forward in response to the ‘Call for Sites’ will be reviewed and appraised, in order to draw distinctions between them as to which are the most suitable. In respect of sand and gravel sites, sufficient land will need to be identified so as to maintain a seven year landbank throughout the period of the Plan. In respect of waste recovery sites, sufficient land will need to be identified to deliver the amount of different types of recovery capacity described in policies CS9 and CS10. In addition, there will need to be agreement by the District Councils concerning the deliverability of these sites and the proportion of Buckinghamshire recovery capacity envisaged in their area. 24 8.4 The Minerals and Waste Local Development Scheme 2014 indicates that a Draft Replacement Minerals and Waste Local Plan will be published for consultation in the last quarter of 2015. This will be the first statement of the County Council of new policies and new site allocations, and lead to the later version of the Plan which is intended to be submitted for Examination in Public during 2017. Buckinghamshire County Council 25 Appendix 1: Glossary
Monitoring Report A document to be produced each year showing progress in achieving the timetable set out in the MWLDS and setting out revisions to the MWLDS
Buckinghamshire The adopted plan that sets out polices for controlling Minerals and Waste minerals and waste development and proposals for Local Plan (BMWLP) particular areas/sites. On adoption it superseded the Buckinghamshire Minerals Local Plan and Buckinghamshire Waste Local Plan.
Sustainable Community A statutory document prepared under the Local Government Strategy Act, 2000, in order to promote the economic, environmental and social wellbeing of an area.
Local Development Cover what is necessary to set out the future land use Documents (LDDs) planning context for an area, and promote good planning within it. There are two main types of LDDs: DPDs and SPDs (see definitions).
Disposal According to the Waste Framework Directive (2008/98/EC) Disposal is the landfilling of waste, or its incineration without energy recovery.
Duty to Co-operate A legal duty for planning authorities and public bodies to actively and constructively engage with each other on an ongoing basis to ensure the delivery of Local Plans.
Examination A public examination chaired by an independent Inspector into the soundness of Local Plans.
Joint Municipal Waste The Buckinghamshire Joint Municipal Waste Management Management Strategy Strategy (JMWMS) sets out proposals for the management of Municipal Solid Waste (MSW) produced in (JMWMS) Buckinghamshire to 2025. The JMWMS has been produced by the authorities responsible for waste collection and Council disposal within the county combined into a body known as the Waste Partnership for Buckinghamshire (“the Partnership”). The JMWMS was submitted by the County Partnership to Government in early 2007.
Local List Lists of information required as part of a planning application, published by each Local Planning Authority.
Local Planning These are statutory regulation's which set out how Local Regulations 2012 Plans are to be written and produced. Buckinghamshire Localism Act The Localism Act introduces the following four measures:
26 New freedoms and flexibilities for local government; New rights and powers for communities and individuals; and
Reform to make the planning system more democratic and more effective.
Minerals and Waste A Development Plan Document which sets out the County Core Strategy (MWCS) Council's vision, objectives and overall spatial development strategy for minerals and waste matters.
Minerals and Waste The collective name given to all those policies and Development Plan documents forming the planning framework for the County
Minerals and Waste A project management document setting out what the LDF Local Development will contain, a timetable for its production, proposals for Scheme (MWLDS) monitoring and review
Minerals Local Plan A Development Plan Document which provides the framework for development control decisions, including those relating to preferred areas, on minerals matters.
National Planning Policy Published in March 2012 the NPPF sets out the Framework (NPPF) Government’s planning policies for England and how these are to be applied. The NPPF supersedes a majority of Planning Policy Statements and Minerals Policy Statements.
National Planning Policy Published in October 2014 the NPPW sets out the for Waste (NPPW) Government’s planning policies for waste developments.
The Act of Parliament which brought into force the new Planning and Compulsory planning system, which was subsequently amended in June Purchase Act 2004 2008
Planning Practice Guidance on national planning policy present on the DCLG Buckinghamshire Guidance website.
Preferred Areas Areas of land which are more suitable for mineral extraction or waste management operations.
Policies Map A statutory Development Plan Document showing in map form where particular policies apply. County Replacement Minerals A Development Plan Document which provides the and Waste Local Plan framework for development management decisions, (RMWLP) including those relating to preferred areas of mineral Council extraction and waste management.
Recovery According to the Waste Framework Directive (2008/98/EC) Recovery includes: checking, cleaning or repairing wastes 27 so that they can be reused; reprocessing wastes into products materials or substances; replacing other materials that would otherwise have been used.
Site Allocations Specific sites being suitable for certain types of operations for example extracting sand and gravel, building of a waste transfer station etc.
Statement of Community A document which sets out how the local planning authority Involvement (SCI) will involve and consult the public in the production of the LDF and on major development control matters
An assessment of the potential impacts of policies and Strategic Environmental proposals on the environment, to include proposals for the Assessment (SEA) mitigation of impacts.
Sustainability Appraisal An appraisal of the impacts of policies and proposals on economic, social, and environmental issues.
Development that meets the needs of present without compromising the ability of future generations to meet their Sustainable Development own needs.
Waste Recovery To obtain value from waste through one of the following means:
Recycling
Composting
Other recovery
Energy recovery
Table 2 Council County Buckinghamshire 28
Greatmoor Railway Sidings Transport and Works Act Order HS2/4/B Appendices: Ruth Jackson - Planning
Appendix 4:
Buckinghamshire County Council Rights of Way Improvement Plan March 2008
Buckinghamshire County Council ROWIP 2008-2018
Buckinghamshire County Council
Rights of Way Improvement Plan
2008-2018
1 Buckinghamshire County Council ROWIP 2008-2018
Contents
Foreword...... 3 What Is a Rights of Way Improvement Plan (ROWIP)?...... 5 Our Vision ...... 6 Strategic Context ...... 7 Consultation...... 12 Assessing The Rights Of Way Network ...... 13 Implementing the Plan ...... 22 The Local Access Forum (LAF) ...... 23 The Statement of Action ...... 24 Our Aims in Brief...... 24 Theme 1: Mapping the Network...... 25 Theme 2: Looking after the Network...... 32 Theme 3: Creating new links...... 42 Theme 4: Knowing Where to go...... 48 Theme 5: Looking after you and the Environment ...... 53 Theme 6: Rights of Way for Everyone ...... 59 Theme 7: Delivering the Corporate Agenda...... 64 Theme 8: Working in Partnership...... 70 Glossary...... 77
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FOREWORD
Cabinet Member for Community Services, Councillor Margaret Dewar,
Welcome to Buckinghamshire County Council’s Rights of Way Improvement Plan 2008-2018
This plan sets out the strategy for the rights of way network for the next ten years, identifying the priorities, actions and approach the Council will take in developing the network for the future.
The 3,300 km network of public rights of way in Buckinghamshire is a considerable economic asset as well as an important part of the highway infrastructure. It provides opportunity for quiet recreation and improving health, as well as safer access to services and links between communities. There is, therefore, a significant opportunity for a more integrated approach to sustainable transport, leisure, tourism, land management and the management of rights of way within Buckinghamshire.
Our natural environment is Buckinghamshire’s most beautiful and distinctive asset, often cited as the primary reason why people choose to live, work and visit the county and it is through our exceptional network of rights of way that the countryside is accessible and free for all to enjoy. We firmly believe that providing good access to the countryside is important to you and we have committed ourselves to improving access for everyone, regardless of location, age or ability.
Following direct consultation with the public, this final plan identifies 8 areas, our key themes, through which we will deliver various actions to look more widely at the use of rights of way in the county, developing them as an asset for all whilst seeking to protect the character of the countryside that we all enjoy so much.
This plan shows Buckinghamshire County Council’s commitment to the protection and improvement of access to our countryside and I look forward to the continuing close working relationships that we have with our partners, user groups, volunteers and landowners to help us deliver these aims for the benefit of all who love and enjoy the countryside.
Finally I would like to thank everyone that helped in the delivery and publication of this plan and to those that contributed through the stages of consultation up to now.
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RIGHTS OF WAY IN BUCKINGHAMSHIRE Public rights of way are the primary means for people to access the Buckinghamshire countryside and are defined in legislation. In simple terms, there are 4 types; Footpath, Bridleway, “Byway Open to All Traffic” (BOAT) and Restricted Byway.
This county offers: • 2703kms of public footpaths - for use by walkers only • 593kms of bridleways - for use by walkers, horse riders and cyclists • 16kms of restricted byways - for use by walkers, horse riders, cyclists and non-motorised vehicles such as horse-drawn carriages • 12kms of byways open to all traffic (BOATS) - for all users including suitable motorised vehicles.
Breakdown of the Buckinghamshire Rights of Way Network 0.4% Footpaths 2703 0.5% kms 17.8% Bridleways 593 kms
Restricted Byways 16 kms 81.3%
BOATS 12 kms
Figure 1: The Buckinghamshire rights of way network
The access network Buckinghamshire offers an enormous level of access opportunities. In addition to the countywide network of rights of way, extending to 3324kms in length 1, Buckinghamshire has 4783ha of green space 2 where the public have a legal right of access, incorporating 43ha of open access land, where people have the right to walk and, in some cases, ride and 1175ha of Common Land.
These access links are very important assets for local people, local businesses and visitors alike. Within a county that is 80% rural, they have served as access links to the countryside. Increasingly it has become clear that the rights of way network also serves and can serve a wider range of needs, becoming a multi-purpose network of routes and access opportunities. The network links communities together and is as important for those making trips on foot or bicycle for pleasure as it is for those making journeys to school, work, shops and other local amenities.
Not only are the access links important but they are set within a rich countryside scene. Historic landscapes such as the Chilterns Area of Outstanding Natural Beauty, the Vale of Aylesbury and the Bernwood Ancient
1 Figures accurate to December 2007 2 As defined by the Buckinghamshire County Council Green Infrastructure Strategy
4 Buckinghamshire County Council ROWIP 2008-2018
Hunting Forest provide magnificent backdrops that are visited in great numbers and are highly valued.
In short, the current access network offers opportunities for walking, cycling, horse riding, carriage driving and off-roading to every community in Buckinghamshire. It is vital that these assets are well managed, well protected and that plans for their improvement are developed for the long term.
WHAT IS A RIGHTS OF WAY IMPROVEMENT PLAN (ROWIP)? Buckinghamshire County Council as the local Highway Authority is required by law to develop and produce a Rights of Way Improvement Plan (RoWIP), under section 60 of the Countryside and Rights of Way Act 2000 (CROW Act 2000).
The RoWIP must assess: • How much local public rights of way meet the present and likely future needs of the public; • The opportunities provided by local public rights of way for exercise and other forms of outdoor recreation and leisure; • The accessibility of local public rights of way to blind and partially sighted people and users with mobility problems. • Other such matters relating to local rights of way that the Secretary of State may direct
Scope of the Plan The RoWIP is the Council’s strategic document, setting out its aspirations and priorities for the public rights of way and countryside access network. These aspirations and priorities reflect our statutory duties and the needs of our partners and the public developed through the defined consultation process.
The plan will assess the rights of way network as defined by the CROW Act and subsequent guidance, to look at rights of way in their broadest terms, as a resource for the needs of the 21 st century. The Council will also assess the strategic context of the network and incorporate the impact of wider agendas into the plan for the network’s management. The final Statement of Action will incorporate the Council’s statutory duties, as well as the very significant role played by the Council’s partner organisations.
The Council is legally obliged to review the plan at least once every ten years. It is likely to be reviewed and refreshed before that deadline to ensure that the Plan retains its links to wider agendas such as the Council’s Corporate Plan, Local Transport Plan and relevant funding streams.
Funding the Plan The Buckinghamshire Plan is a deliberately ambitious and aspirational strategy. The Council will fund its statutory duties in respect of the Definitive Map and to maintain the network. However many of the plans and opportunities to develop and improve countryside access will challenge the Council to secure funding from other means.
5 Buckinghamshire County Council ROWIP 2008-2018
The ability of the Council to deliver these outcomes, without further funding opportunities is limited. The successful delivery of the plan will depend on the Council’s ability to source new partnership arrangements and external funding opportunities, as is the case at present.
The outcomes that can be delivered with existing funding, derived from the Council’s revenue streams, Local Transport Plan funds, external grant sources, such as Natural England, and developer funded improvements as part of the growth agenda, will remain the priority to be delivered annually.
OUR VISION
The Rights of Way Vision The Council will “Expand, manage and promote the network of routes and open spaces, recognising its historical and ecological significance whilst providing real economic benefits to the rural communities and health benefits to local people, to create safe and sustainable access provision for all.”
The vision reflects both what is required to manage and improve the rights of way network in a wider context of access and the visions for Buckinghamshire as contained in the Buckinghamshire County Council Corporate Plan 2005- 2009 and Sustainable Communities Strategy. This state:
The Corporate Vision “Buckinghamshire will be an excellent council that represents the interests of all residents by: • Providing high quality services and delivering good value for money • Working with customers and communities to deliver services they need • Using modern business techniques to become more innovative and responsive to changing circumstances.”
The Sustainable Communities Vision “In 2015, Buckinghamshire will have maintained its economic success and position as one of the most prosperous counties in England. At the same time it will enhance its environment and improve the well-being and quality of life of all its residents.”
The visions for Buckinghamshire both stress the importance of the quality of life of its residents; focus on the needs of customers and the provision of top quality, effective and affordable services.
Delivering the Vision In order to deliver its vision, the Council has consulted widely to assess the rights of way network and develop its Statement of Action. These are set out later in the 8 themes with corresponding Action Plans.
The data from the consultation process has been the main driver behind the Action Plans. The next chapter looks at the consultation methodology and results in more detail.
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STRATEGIC CONTEXT By providing a strategic framework for rights of way work in the county, giving direction to and ensuring coordination of activities and wider agendas, the RoWIP will focus its attention towards specific local access needs.
There are many agendas, directives and statutes that drive rights of way work. This plan seeks to identify those driving forces that shape the Council’s priorities in this area.
The legislative framework Many statutes set out the County Council’s legislative duties for the management of rights of way including the CROW Act 2000, Highways Act 1980 and Wildlife and Countryside Act 1981. The Council’s main legal duties are set out within the individual themes but centre around the Council’s primary duty to protect public rights of way, asserting the public’s right to use and enjoy them and to develop access to the countryside in a way that is fit for 21 st Century use.
The legislation behind the RoWIP is set out in the CROW Act 2000, sections 60-62 requiring the Council to set rights of way and countryside access in a wide context . Statutory guidance sets out the Government’s intentions for local highway authorities, providing details of how each authority should prepare, publish, assess and review its plans.
The guidance requires that local authorities fully assess the network from a range of viewpoints and include a Statement of Action to secure the management and improvement of the network. The plan must be published and reviewed at a minimum of every 10 years as defined in the CROW Act.
Fundamentally, the Council has a duty under HA1980 to maintain the rights of way network. The Council recognises this as its core responsibility in ensuring the public can safely and easily access the countryside. Furthermore, the Council has specific duties contained in the WCA 1981 to maintain an up to date Definitive Map and Statement, the legal document that defines all public rights of way in the county and provides them with legal certainty. These duties are explored in greater detail in Themes 1 and 2.
Relating the RoWIP to other strategies Statutory guidance states that the plan must be developed within the context of other relevant plans and strategies produced by the Local Authority and its partners. The Council’s corporate role as well as other local, regional, national and European factors continues to influence the provision of rights of way. Therefore the Council is very mindful of wider agendas in its desire to improve public rights of way in the county and to encourage their greater use.
In Buckinghamshire, rights of way work has always been an area with significant partnership involvement and this has led to wide participation in other agendas and plans to date. The Council’s Improvement Plan will in turn influence other areas of service provision and wider partner action plans. The range of such plans is outlined here:
7 Buckinghamshire County Council ROWIP 2008-2018
The Buckinghamshire County Council Corporate Plan 2006-2009 3 The Corporate plan sets out the Council’s agenda and priorities for the lifetime of the present Council up to 2009. Based on an assessment of customer need, the plan identifies how the County Council intends to continue delivery of excellent quality services that are value for money.
High quality, cheaper services require community and partner involvement, in turn leading to stronger, more cohesive and vibrant communities. This is reflected in the aims of the rights of way strategy that actively seeks volunteer and community involvement.
The Corporate Plan strongly reflects the Council’s duty to protect and enhance rights of way, emphasising that the work already in hand with key partners to provide a quality network of routes, in line with customer needs at a reduced cost, should continue and be encouraged. Many initiatives such as volunteer working arrangements and working directly with our key partners are already leading to an enhanced network at a reduced cost in some areas.
The Buckinghamshire Sustainable Communities Strategy 4 Buckinghamshire has a diverse population of approximately 479,000 that is going to change and increase rapidly over the coming 25 years. Therefore, a strategy for ‘Sustainable Communities’ is crucial for Buckinghamshire and is led by the requirements of the new Local Government and Public Involvement in Health Act 2007. This includes a new duty 5 to involve local people through Local Strategic Partnerships, as part of a best value regime. The Council’s Sustainable Communities Strategy has been formulated to directly influence the way the Council looks to accommodate the needs of the changing customer base and deliver a Buckinghamshire Local Area Agreement through strategic partnerships.
The County Council fully recognises the rights of way network as one of the important assets that significantly adds to people’s quality of life 6 and a significant aspect in the delivery of the vision for sustainable communities in the future.
In particular the involvement of local communities in the delivery of improvement works will assist in the building of strong, cohesive, diverse and empowered communities. This will allow all residents to improve their quality of life through the provision of a well maintained and protected network of countryside access for all to enjoy.
3 The full document can be accessed at www.buckscc.gov.uk/bcc 4 Full details of the strategy can be accessed at www.buckslsp.org.uk 5 Available to download at www.communities.gov.uk . Section 3A 6 Resident’s survey data 2006
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Delivering the Health Agenda ‘Healthier lifestyles’ is a shared priority between central and local government and has raised the profile of delivering improved physical health and well- being within communities.
The Choosing Health white paper places greater responsibility on Local Authorities for the health of communities, with particular focus on obesity and sedentary lifestyles. There are many positive links between increased physical activity and improved physical and mental well-being that bind the health agenda to countryside access. In Buckinghamshire, this is delivered through a Local Area Agreement (LAA), led by the County Council with other key partners from the Bucks Strategic Partnership 7.
The Council is already responsible for delivering certain targets within the LAA through rights of way provision and aims to improve physical health and increase participation in physical activity through the marketing of access opportunities and new schemes such as Simply Walk.
Buckinghamshire’s 2nd Local Transport Plan 2006-2011 Buckinghamshire County Council strongly values the traditional and historic nature of the rights of way network but is also under a duty to consider the whole network from a multi-purpose perspective that satisfies a wide range of local access needs. The network is no longer regarded as simple leisure routes but must cater for those that use the links for journeys to and from key services within education, employment, health, culture and economy.
In delivering this ‘wider context’ approach to rights of way provision, the ROWIP forms an integral part of the Council’s Local Transport Plan 8, where rights of way form part of a wider network of urban and rural routes that can deliver aspects of the 5 LTP themes; namely Road Safety, Tackling Congestion, Environment, Maintenance and Accessibility. This is explored in detail later in Theme 7, and the Local Transport Plan will continue to be a primary funding source for rights of way improvements.
With obvious links to sustainable transport, rights of way work is already partnered to the Transportation arenas of cycle lane provision, the development of greenways and quiet lanes, cycling and walking strategies, safer routes to school and passenger transport access to make steps toward the creation of multi-purpose routes.
7 Full details can be found at www.buckslsp.org.uk/laa 8 Visit www.buckscc.gov.uk to view the Second Local Transport Plan 2006-2011
9 Buckinghamshire County Council ROWIP 2008-2018
Buckinghamshire’s Green Infrastructure Green Infrastructure is defined as the network of multi-functional green spaces in the County, where rights of way, access links and accessible green spaces (country parks, common land, open access land, National Trust land and woodland) are the integral components.
The County Council highly values its historic and natural green infrastructure assets and seeks to ensure these are enhanced as part of the implementation of major development within the county. In order that growth is sustainable in the future, the County requires further green infrastructure and accessible green spaces to be realised in key areas.
Driven by the emergence of the new South East Plan for development and growth, Buckinghamshire’s draft Green Infrastructure Strategy (2007) sets out the vision for the provision, enhancement and protection of accessible green space and links, and provides a framework for planning and utilising the opportunities presented by the growth agenda.
The Rights of Way Improvement Plan sets out the strategy for such access links in particular. The two documents combine to deliver a network of links and spaces that serve a multi-functional purpose and share similar objectives, namely to create a sense of place, deliver access for all and sustainable movement through a targeted approach.
The Olympic Vision Between July 27 and August 12 2012, London will host the Olympic Games with the Paralympic Games being held between August 29 and September 9. The games represent an unparalleled opportunity in this country and in Buckinghamshire, where some of the events will be hosted. Dorney Lake in the south of the county will be the venue for rowing events, with Stoke Mandeville Stadium in Aylesbury, the venue for the Paralympic Games.
Within the structure of the London 2012 Group, Buckinghamshire and Milton Keynes has its own Olympic Co-ordination Group, which is engaging the local communities with the benefits of the Games. Not only will the events inspire many into pursuing sports of all kinds, the Games will generate widespread benefits from such active lifestyles, deriving economic prosperity, community involvement and new partnership opportunities.
The RoWIP recognises the aims of the Olympic Co-ordination Group to energise communities and seeks to deliver this through rights of way improvements and other opportunities with the Buckinghamshire Sport Partnership, which will have positive knock-on benefits for healthier and active communities.
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Buckinghamshire’s Countryside and Heritage Buckinghamshire has a highly treasured and valued countryside landscape 9, full of opportunities to learn about the history, geology, archaeology and ecology in the County.
The rights of way network has a major role in providing and promoting access to the natural environment in its various guises; the built heritage; archaeological sites and flora and fauna of all types. Indeed many rights of way are routes of historic and ecological interest.
To assist the understanding and management of Buckinghamshire’s landscapes and the associated historical and ecological heritage, the county council is developing the Buckinghamshire Environmental Character System 10 . It aims to ensure that we have the best available data about our environment, to protect and manage it accordingly.
The county's rights of way and open access areas also provide opportunities to enjoy the varied scenery, flora and fauna of woodlands, watercourses, downlands, heathlands, farmland and more. Public access to designated nature conservation areas such as the Chilterns AONB makes it possible to see rare and special flora and fauna. The priorities for biodiversity conservation in the county are set out in the Local Biodiversity Action Plan 11 .
Buckinghamshire’s Cultural Strategy The Council has a duty to produce a Local Cultural Strategy to widen everyone’s access to all forms of culture and foster pride in the area we live in. The Council’s cultural vision 12 defines Culture as “ anything that makes life worth living ” and sets out 6 cultural objectives for the future focusing on: access, diversity, pride, creativity, regional contribution and young people. Overall it aims to strengthen and promote culture and leisure provision, make a difference to people and communities and increase culture’s contribution to our way of life.
Developing culture incorporates the need to improve access to open spaces, countryside recreation and informal leisure pursuits. In particular, rights of way work contributes to the key themes of Well Being and Recreation, through the provision of countryside access and physical activity opportunities.
In summary It is clear that Buckinghamshire offers a network of rights of way that impact on many levels and within many agendas around the County. It is certain that the Council acknowledges all of these influences and will seek to utilise them positively over the course of this Plan to the benefit of wider access provision.
Many other agendas such as tourism, land management, social well being, climate change, sport development and economic prosperity also have an
9 2005 residents survey data. 10 Available at www.buckscc.gov.uk 11 www.buckscc.gov.uk/biodiversity 12 “A Life Worth Living” 12 available at www.buckscc.gov.uk
11 Buckinghamshire County Council ROWIP 2008-2018 effect on the provision of rights of way and are picked up through the themed chapters. CONSULTATION
Consultation methodology The CROW Act 2000 and statutory guidance on the production of the ROWIP state that local authorities should consult widely about the needs of all users and potential users of the rights of way network in the County to fully assess the network.
The final RoWIP was produced, following a public consultation period between June and October 2007. Responses from parish councils, district councils, key partners and the general public allowed this final plan to be endorsed in 2008.
A variety of consultations were undertaken between 2005 and 2007 to gather views and opinions from a wide range of sources as well as a continuous process of engagement with the Buckinghamshire Local Access Forum.
Many organisations and partners gave feedback during the consultation process including Natural England, local members, key partners, county and district councils, parish councils, officers, user groups, interested parties and the general public. The Council has listened to these views and incorporated them into the various Action Plans.
The consultation needed to assess: 1. How much local public rights of way meet the present and likely future needs of the public; 2. The opportunities provided by local public rights of way for exercise and other forms of outdoor recreation and leisure; 3. The accessibility of local public rights of way to blind and partially sighted people and users with mobility problems. 4. Other such matters relating to local rights of way that the Secretary of State may direct
The process of assessment To make this assessment, the Council has followed the statutory guidance, involving the: • Study of the Definitive Map and Statement • Collation of data on modifications to the Map and Statement • Collation of data on requests for improvements to the network • Collation of data on the condition of the network • Undertaking of surveys on the needs of users • Identification of relevant information within wider plans and strategies
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ASSESSING THE RIGHTS OF WAY NETWORK
The needs of users The local Council considered the needs and circumstances of a wide range of people with a range of expectations, interests and levels of ability and considered the adequacy of the provision of: 1. The needs of different types and classes of user, including the mobility and visually impaired 2. The accessibility of the network especially off-road, cycling, carriage driving and horse riding users 3. Links with circular routes 4. Convenient and safe crossings of roads, rivers, canals and railways 5. The level of fragmentation, where ways carry different rights or end in dead ends 6. Routes that support local journeys to key services such as shops, schools, health facilities and transport hubs
Walkers Able walkers currently have the widest access opportunities with legal access to the all rights of way route types, common land and open access land . As a result c onsultation suggests that walkers are largely happy with the network provided and constantly seek new places to walk.
There are many types of ‘walker’, ranging from the traditional ’rambler’ who might access many miles of the network on a regular basis, to local dog walkers accessing very local networks every day, over short distances. Other daily users include parents using paths to take children to school in safety, often with pushchairs or younger siblings. Older users take advantage of routes close to home with limited structures, whilst the very mobile use the network for recreation as an outdoor, no-cost gym. These responses from users strongly suggest that the Council needs to prioritise local walking networks and continue with its programme of reducing the number of structures on paths to improve access for all.
Long distance and regular walkers rely on wider information to enjoy the full benefits of the countryside. Issues such as missing signs and limited information on new routes were highlighted as key barriers to accessing the wider network. Conversely, dog walkers want more information about shorter, circular routes that are close to home and have requested dog accessible structures where possible.
Parents with young children want to be able to walk to school on routes accessible for pushchairs in greater safety, with greater ease, with fewer awkward structures to negotiate.
Older walkers want to know more about the gradients of paths and the surface conditions, seeing adverse cambers and muddy conditions as barriers. They also wish to see fewer structures on paths, specifically stiles that can be barriers to access for those with even slight mobility problems. Conversely, runners are not dissuaded by muddy paths and gradients and require
13 Buckinghamshire County Council ROWIP 2008-2018 information about where the more challenging paths are, seeing the network of paths as a place of adventure. New users also seek wider information on where to go and enjoy themselves as well as information on their rights.
Another area the Council will consider is where paths meet with some of the more major, heavily trafficked roads. These locations will be reviewed against accident and safety data and, wherever possible, opportunities will be taken to secure improvements either from a safety viewpoint or in terms of providing additional linkages in the rights of way network.
One of the key areas for the Council will be to take all opportunities to secure safer crossings at road junctions, especially on the more major, heavily trafficked routes. This is not only a priority consideration for the council but is something regularly highlighted by the Ramblers Association and local people.
Whilst this feedback is not new or unexpected, the consultations carried out during the RoWIP production, highlight the concerns that people (users and non-users) have about countryside access, none of which is unique to Buckinghamshire. The County Council has long recognised the need for greater access to information, and already has a regular programme of works that delivers an annual reduction of structures and continually evolving information detailing where to go.
Cyclists The 593 kms of public bridleways, byways and restricted byways provide legal access to cyclists on less than 20% of the network. This, however, does not fully reflect the true extent of routes that are suitable and available for cyclists. There are many miles of County Council developed highway cycle lanes, an extensive length of routes with permissive cycle access and 50 miles of cycle routes on the Sustrans Regional and National Cycle Networks. 13 In fact, Buckinghamshire County Council has a reputation for healthy cycle access provision, for which it is nationally recognised.
As a result of consultations, cyclists and cyclist user groups such as the Cyclists Touring Club have identified improvements at many locations to improve and join network connections. In addition to an enhanced network, greater in length and accessibility, cyclists also want more and better information on where to go, with emphasis on long routes for the keen cyclists and short, circular, all weather surfaced routes for family cycle trips.
To deliver such improvements the Council will take advantage of the many opportunities that present themselves for enhanced cycle provision. In conjunction with the Green Infrastructure Strategy and Local Transport Plan, through planning and development issues or as a partnership approach with Sustrans and district councils, who seek improvements to the network of safe cycle routes throughout the county, work will continue to deliver an enhanced cycling network.
13 Sustrans is the UK’s leading sustainable transport charity
14 Buckinghamshire County Council ROWIP 2008-2018
Horse Riders Similar to cyclists, equestrians have access to less than 20% of the countryside access network, a network that suffers from considerable fragmentation. As a result the network is relatively under-utilised considering the high volume of such users in Buckinghamshire. There are approximately 25 equestrian centres across the county with thousands of equestrians, many concentrated in the Chiltern and South Bucks districts where bridleway provision is less concentrated.
Horse riders have identified the fragmented nature of the bridleway network as their primary concern, a limitation that reduces the potential for modal shift as much as it prevents longer horse rides. Improvements in the vicinity of local livery yards and stables are keenly sought. Riders also want improvements to the condition of existing routes, considered too narrow or overgrown in certain places.
Despite such concerns, the Council has been extremely successful in creating new horse riding networks, by utilising land that it owns, negotiating access as part of planning considerations or simply by direct negotiation with landowners. Indeed, in 2006 the Council was presented with a National award by the British Horse Society in recognition for its work in creating new access for horse riders.
Safety of equestrians is also a key concern to the County Council. The safety of crossing points on the network has been highlighted by equestrians and although the history of recorded horse and vehicle accidents in the county is relatively few, there is no doubt that there is scope for further work to improve safety at key locations.
Horse riders have a highly valuable role in the local economy and the Council will continue to establish new countryside access that, as far as possible and appropriate, is multi-functional. Therefore, the creation of routes as public bridleways, for example, gives the opportunity to establish access for walkers, horse riders and cyclists, whilst supporting the objectives of the Local Transport Plan.
Motorised Users Buckinghamshire has relatively little in the way of an access network for off- road vehicle use, having a mere 12kms of byways. The majority of this length is also hard surfaced, leaving only a few kilometres of real off road access provision. It is unknown how many users access the countryside in this way and it is difficult to estimate whether the current network is sufficient for such use. There is no doubt that where there has been use by vehicles (or where use of certain routes is implied) that it is a subject of considerable concern within local communities. The Council has a specific policy on the Management of Vehicles in the Countryside, which, for the most part, follows guidance issued by Government.
Consultation data suggests that other, more vulnerable users are deterred from accessing parts of the network by motor vehicles on inappropriate routes. It is not the Council’s experience that there is significant damage
15 Buckinghamshire County Council ROWIP 2008-2018 caused by the level of unauthorised off road vehicular activity, although some parts of the network – especially urban fringe areas – do suffer from illegal motorcycle usage. Where problems do arise relating to motorised access on the network, the Council will look to follow its policy guidelines through the management and monitoring of vehicle use but may ultimately, take action to protect the environment and vulnerable users through police enforcement where applicable 14 . The Council is not in favour of any increased access to the countryside by motorised vehicles.
Landowners As well as identifying the needs of users, it is essential that quality access is balanced with the needs of landowners and agriculture.
Approximately 30% of the access network lies on agricultural land where the reinstatement of paths is vital to keeping links open. Landowners and farmers want users to act responsibly by keeping to identified paths whilst users want farmers to fully and adequately reinstate paths on arable land so that they are safe and convenient to use throughout the growing cycle. Landowners are under an obligation to maintain structures such as stiles and gates on their land and ensure that hedges do not obscure paths.
As part of the consultation process, users identified aggressive landowners as a primary reason for choosing not to access the countryside. In practice this type of conflict rarely occurs. For the most part, landowners understand the obligations they have to keep their paths open and accessible and the majority comply with this without need for direct intervention by the Council. The Council has its own obligations to ensure that public rights of way are protected and available for use at all times and, if necessary, will resort to the powers that it has to enforce the law.
The accessibility of the network for all users At first glance the availability of the network would seem beyond question, covering thousands of kilometres in every corner of the County. But are the paths accessible? Users need networks that are close to home that provide links between town and country, to services and provide links to other communities. Therefore the question of accessibility depends upon how close the network is to both users and potential users.
People tend to use routes that are close to home, within 500m of where they live. It is therefore reasonable to assess a route’s accessibility based on its proximity to a population centre. 1811kms of the network, roughly 53%, lies within 500m of the main urban settlements that house 63% of the population 15 . All Parishes in the county have public rights of way and, on this basis a considerable section of the network is highly accessible for the majority of the Buckinghamshire residents on foot.
From a standpoint of users such as carriage drivers, cyclists and horse riders, the network is less than adequate. The Council fully recognises that the
14 To view the policy of motorised vehicle use in the Countryside visit www.buckscc.gov.uk/rights_of_way 15 Based on the DEFRA classification of urban/rural areas (2004), Buckinghamshire has 311,303 people (Census 2001 data) living in areas with a population greater than 10,000.
16 Buckinghamshire County Council ROWIP 2008-2018 network is fragmented to these groups in many locations and there is a need for strategic improvements to deliver continuous long distance access opportunities.
The opportunities for exercise, outdoor recreation and leisure To know what people think of the opportunities for outdoor recreation, it is first important to know how important rights of way are in Buckinghamshire. The graph below is derived from data collected by the 2005 Residents’ Survey that polled 2000 face to face interviews within five community areas. People were asked to say whether a particular service was important, essential or not important.
The graphic shows the top ten most essential services to the public and reveals that the countryside network, including rights of way is highly regarded. 92% concluded their existence was either important or essential.
2005 BCC Residents Survey data: The importance of key services
Rights of Way 1 65 27
Country Parks and Picnic Sites 0 65 28
Waste Tips 1 62 32
Local train Service 1 60 34 No response Local Bus Service 0 59 35 Not important
Libraries 0 56 38 Important Essential Pavement Maintenance 1 55 39
Road Maintenance 0 53 42
Community Safety 0 53 42
Education 2 44 43
0% 20% 40% 60% 80% 100%
Figure 2: The importance of the rights of way network Furthermore the survey concluded that country rights of way network were considered valuable services to protect within the County’s Corporate Plan.
This builds an encouraging picture that rights of way are important to the people of Buckinghamshire. Figure 2 draws data from the 2005 residents survey and shows that, customer satisfaction is very high specifically related to rights of way provision. Users were asked their opinion of the existing network and 87% of users and 61% of non users were satisfied . The Council now hopes to build upon this success but is encouraged that the data suggests the network meets the needs of the majority of Buckinghamshire’s overall population.
17 Buckinghamshire County Council ROWIP 2008-2018
2007 Customer Satisfaction data
100% 1% 90% 9% 80% Users of 70% 87% 3% Rights of Way 60% 50% Non-users 14% of Rights of 40% 23% Way 30%
20% 61% 2% 10% 0% Satisfied Neither Dissatisfied Don't Know
Figure 3: Customer satisfaction with rights of way provision In addition to high customer satisfaction and our consultation data, the condition of the network is nationally regarded as excellent, albeit not perfect. BVPI 178 is the national performance measure relating to rights of way and assesses each local authority based on the “% of total length of rights of way in the local area, which are easy to use by the general public.” 16
Although mid-quartile nationally with a score of 73.9% in 2006/7, the Council’s network ranks well above the national average (69%). The Council has made it a priority to regain top quartile status and, in this respect, has secured additional capital investment in each of the three years 2007-08 to 2009-10 to deliver improvements across the County.
16 The Audit Commission Performance Indicator Reference Guide, 2004/5, visit www.audit- commission.gov.uk/performance
18 Buckinghamshire County Council ROWIP 2008-2018
BVPI 178 Performance Data
80.0% 78.7% 78.0%
76.0% 74.0% 78.1% 74.0% 72.9% 73.9% 72.0%
70.0% 71.5% 68.0% 68.1% 66.0% % of sample paths easy to use
64.0% Performance Trend
62.0% 2001-2 2002-3 2003-4 2004-5 2005-6 2006-7 2007-8
Figure 4: Buckinghamshire's BVPI 178 performance since 2001. 17 Nationally, the public rights of way network is believed to be under-utilised, with only 35% of all paths surveyed in 2000 18 considered to be " frequently used" and only 27% “ occasionally used”. The remaining 38% are “rarely used” . The Council does not have further data on visitor numbers due to the difficulty and expense of implementing appropriate monitoring systems on the network, but consultation data suggests that people use many parts of the network all year round, whatever the weather and at varying times. Various parts are used daily for walking to work and walking to school, as well as dog walking, cycling for pleasure and horse riding. The network as a whole is used less often to visit attractions or have family days out.
Furthermore, the Council has a very good understanding of the needs and feelings of the people of Buckinghamshire and users in general. This is derived from the very high level of public interaction with the Council’s Rights of Way service. This strongly implies not only the extent to which the network is used but the value that is placed upon it and the desire by the people of Buckinghamshire for a quality service.
The Council has historically not collected data from whole routes, preferring instead to ascertain accurate figures from specific locations, where counters can be installed. Where appropriate the Council will look to develop data on whole routes using volunteers, counters and periodic surveys to gather such data over the long term in a cost effective manner. Whilst such information could prove helpful for individual paths in order to calculate their value or levels of use, such activity is currently a low priority.
17 Unaudited 2007-8 BVPI 178 data 18 Countryside Agency Survey of 2000
19 Buckinghamshire County Council ROWIP 2008-2018
Assessing the needs of the Mobility and Visually Impaired The CROW Act requires the Council to assess the accessibility of the network for those people with mobility problems and those who are blind or partially sighted. This can include those with children and pushchairs, and ailments such as asthma and arthritis as much as it does those in wheelchairs or who walk with a guide dog.
The countryside network of rights of way will always have barriers to some users and some areas will only be accessible to the fittest and most mobile. The needs of users that have audio, visual and mobility needs or a combination of them all, have a range of individual requirements. This leads to a picture of considerable complexity, where a vast range of improvements would have to be implemented to satisfy each circumstance. In the medium term, such improvements will be limited. However, the Council will carefully consider what improvements are made to benefit the majority of such users.
To develop this, the Council undertook an initial consultation in 2007 to identify the main barriers to access on the network and highlight the extent of the problem in the County. The survey was sent to a range of individuals and specific users groups (209 people in total) and delivered a variety of positive and negative experiences.
Impairments of any nature will have a greater or lesser effect on a user’s ability to access the countryside. This is substantiated by the consultation, data where 43% claimed to be occasional users of the network and 36% regular users. This is highly encouraging and suggests that significant areas of the network are already sufficiently accessible for even the least mobile. It is certain that with greater attention to the delivery of ‘access for all’ improvements, all users including those with impairments would use the network in greater numbers and on a wider range of routes.
Such users are dependent on having access to the network close to home to access it regularly. The consultation data states that many access the network via car, especially on trips further afield and are almost always reliant on enjoying the routes with other people. Furthermore, those with a mobility problem expressed the need for improved information about routes and what they might find in terms of barriers and surface problems rather than widespread surface improvements or the creation of fully wheelchair accessible routes. In this respect, the Council will continue to target the removal of barriers and some surface improvements where most relevant and in demand but will also look to considerably improve the quality of information that is available.
Wherever possible, the Council will look to take action that encourages greater access to the countryside for its diverse population. In the short to medium term it will look to continue the work to remove the physical barriers to access. It is accepted that even this must be balanced. There are still a large number of stiles on paths in the county and it needs to be recognised that in many cases these will remain much-loved characteristics of a countryside walk.
20 Buckinghamshire County Council ROWIP 2008-2018
Finally the consultation highlighted the types of barriers and issues that can prevent access and these are explored in Theme 6: the Access for All section.
Ultimately, the Council’s aim in this area is to deliver improvements to allow a higher proportion of the network to be accessible to those with mobility and visual ailments and to ensure that the needs of people with mobility problems are fully developed and understood. Additionally, due to the low level of responses from key impaired user groups, the Council aims to follow this survey with a second and more detailed version through the course of this plan to develop this data further for a wider range of impaired users.
21 Buckinghamshire County Council ROWIP 2008-2018
IMPLEMENTING THE PLAN The consultation work has delivered a range of results that cover the whole county very broadly. However, Council services are increasingly targeted towards a locally supported, parish and community led system of working and it is the Council’s intention to deliver the improvement plan through a local framework.
This strategy will be supplemented by annual action plans, with delivery by the Council and local communities in partnership, and will seek to fulfil both the Council’s aims and those of our partners as well as the needs of local communities.
The RoWIP is an intentionally aspirational plan, and has no specific sources of funding to deliver it. The ability of the Council to deliver the aims of the plan will depend very much on its ability to source new partnership arrangements and external funding opportunities, as is the case at present.
The plan is essential, however, as it states a clear intention to raise the standards of rights of way provision for the years ahead. It can be used as a guide to all who work with and in partnership with Buckinghamshire County Council as a tool that clarifies priorities and performance outcomes as well as establishing a long term vision for improved access to Buckinghamshire’s countryside.
Additionally, Buckinghamshire County Council aims to use the RoWIP as a way of securing funding from external sources for vital access improvements and initiatives. There is high demand for access improvements from the general public and, through an established strategy, the Council will be in a strong position to work in partnership with developers, national bodies such as DEFRA 19 and Natural England and other third parties, whether local, regional or national, to deliver more through new funding opportunities.
Monitoring progress The RoWIP is aspirational and sets high standards to deliver significant improvements, with many of the targets linked directly to the LTP themes with the associated implication of how rights of way work assists in the delivery of national targets and indicators. Monitoring the implementation of the RoWIP over the period 2008 to 2018 will, therefore, be focussed in the following main ways.
• Regular reporting to the Local Access Forum • Production of an Annual Report • Regular delivery reports through the Local Transport Plan • BVPI 178
Assessing the Plan Natural England and DEFRA will assess the final RoWIP and feedback from this will be delivered to the Local Access Forum. The Council will evaluate the
19 Department for Environment, Food and Rural Affairs (DEFRA); visit www.defra.gov.uk
22 Buckinghamshire County Council ROWIP 2008-2018 plan on an ongoing basis, throughout its four year term and will seek to deliver a new plan at least every 10 years following the conclusion of the first plan in 2018.
THE LOCAL ACCESS FORUM (LAF) 20
The Role of the Forum The CROW Act 2000 places a duty on the County Council to establish and maintain a Local Access Forum. The LAF is an independent advisory body that aims to improve recreational and utilitarian access to the Buckinghamshire countryside for all users, whilst enabling landowners and managers to make the best of their land. Membership now stands at 15, with representatives from key partner organisations, local people and Local Members.
The County Council provides officer support to the Forum, advising it on current issues and project delivery and the Forum supports the decision making process, advising the Council on local perspectives. The inaugural meeting of the Forum was held in March 2003 and meets quarterly.
The Government issued new statutory guidance for LAFs in 2007 designed to widen the scope of their work and the number of organisations that need to be mindful of the advice of the Forum. Any member of the public or organisation can ask to speak at the Forum to raise local issues.
The ultimate aim of the Buckinghamshire Forum is: To advise appropriate bodies as to the improvement of public access land (by foot, by horse, cycle, canoe, mechanically propelled vehicles or any other lawful means for the purposes of open air recreation and enjoyment. 21
Chairman of the BCC Local Access Forum, John Elfes The Buckinghamshire Local Access Forum congratulates the County Council on the production of the 2008-2018 Rights of Way Improvement Plan and is pleased to endorse it.
Our Forum has worked with the Council to generate and develop ideas, and was directly involved in the production of the plan in a steering group capacity. We were glad to be consulted and engaged throughout its development and now look forward to delivering the outcomes of the plan in conjunction with the Council in the years ahead.
20 www.buckscc.gov.uk/rights_of_way 21 DEFRA Guidance on LAFs in England, section 3.2.4
23 Buckinghamshire County Council ROWIP 2008-2018
THE STATEMENT OF ACTION
Themes 1. Mapping the Network Focus on: The Definitive Map
2. Looking after the Network Focus on: Maintenance and Enforcement
3. Creating New Links Focus on: Strategic Access Improvements
4. Knowing where to go Focus on: Marketing the network of routes
5. Looking after You and the Environment Focus on: Linking rights of way to environmental and health issues
6. Rights of Way for Everyone Focus on: Access for all
7. Delivering the Corporate Agenda Focus on: Wider Corporate strategies
8. Working in Partnership Focus on: Local Community Involvement
OUR AIMS IN BRIEF 1) Deliver an accurate and fully up to date Definitive Map and Statement (DMS) 2) Provide and protect a well maintained rights of way network 3) Publicise public rights of way and access information and the DMS 4) Deliver a better integrated and more accessible rights of way network 5) Improve the use and enjoyment of the rights of way network 6) Improve the asset management of the rights of way network 7) Provide an efficient, value for money service supported by high customer satisfaction 8) Support safe, strong and cohesive communities 9) Protect and assert the County’s National Trails and Chilterns Area of Outstanding Natural Beauty 10) Improve access to ‘Open Access’ sites 11) Deliver economic benefits to local communities and businesses. 12) Generate positive historical, environmental and biodiversity benefits. 13) Deliver health benefits for users and residents.
24 Buckinghamshire County Council ROWIP 2008-2018
THEME 1: MAPPING THE NETWORK
Improving the way we record data on public rights of way The County Council has an excellent record of delivering a well protected and recorded network of rights of way. Nevertheless, the Council aims to continuously improve the way it records and protects the existing network through the constant development of the Definitive Map and Statement, and the methods of making it more accessible.
The Council has an efficient process to deal with applications to modify the Map and Statement and has set high standards to deliver an improved and effective service to the public. This will include progress towards fully informed and interactive maps available on the Internet.
The Definitive Map and Statement (DMS). The Definitive Map and Statement is the legal record of public rights of way and the established method of recording the location of all known rights of way in Buckinghamshire. It is conclusive evidence that the rights of way shown on it exist and allow public access unless there has been a legally authorised change.
The map shows footpaths, bridleways, byways and restricted byways over the whole county. The statement supports the map and although it does not describe each right of way shown, it gives details in some instances of the width of a route and of any limitations or conditions attached to the public’s rights of access. Buckinghamshire County Council undertakes the statutory duties to keep the map and statement under review and making it available for public inspection.
Definitive Map Duties and Responsibilities. As the Surveying Authority, the County Council has a considerable number of statutory duties placed upon it, which govern how it must record the rights of way network. A summary of the most significant Council duties and powers are listed here.
The Council’s Definitive Map Duties • To hold a Definitive Map and Statement of all known public rights of way and keep it under continuous review by making modification orders where necessary. [Wildlife and Countryside Act 1981 (WCA 1981) section 53] • To consider applications from landowners for public path diversion or extinguishment orders. [CROW 2000 Schedule 6 & 7-10] • To maintain a register of applications for diversions and extinguishment orders, modification orders and HA 1980 section 31(6) depositions [CROW 2000, Schedule 6]
The Council’s Additional Legal Powers for Definitive Map Work • To create public rights of way by Agreement / Order [Highways Act 1980 (HA80) s25-26].
25 Buckinghamshire County Council ROWIP 2008-2018
• To divert or extinguish public rights of way [HA80 s116, 118, 119]. • To stop up or divert rights of way to enable development to be carried out. [Town and Country Planning Act 1990 (TCPA 1990) s257]. • To make orders to create cycle tracks. [Cycle Tracks Act 1984 (CTA 1984) s3]
Making changes to the Map and Statement The term “Definitive Map” is slightly misleading, as it can never be considered to be 100% up to date. Although the map shows all legally recorded routes, rights may exist in other locations that are not recorded, or additional rights may exist on already recorded routes. Therefore work is always ongoing to deliver the most accurate map and statement possible.
Where user groups, landowners or residents allege alternative rights, procedures exist under the Wildlife and Countryside Act 1981 to enable the allegations to be tested. These procedures allow the Council to make Definitive Map Modification Orders (DMMOs) to amend the map and statement. Such orders are entirely based on evidence of use and are determined without consideration of the suitability of the proposal or the public’s needs or wishes. In that sense the only consideration is ‘do those rights exist or not’. The Council aims to determine all applications within 12 months of receipt.
Definitive Map Modification Orders are made to amend the map and do not necessarily involve changes on the ground. The orders enable Buckinghamshire County Council to: • Add new rights of way on the basis of their existence and usage, • Record additional rights to existing routes (for example, amending a footpath to a bridleway), • Remove recorded rights from existing routes (for example, amending a bridleway to a footpath), • Delete a right of way from the map, • Amend the details of the right of way without changing its status (for example, changes to the recorded width).
To ensure that the Map and Statement are as up-to-date as possible the County Council produces a consolidated Definitive Map and Statement on a regular basis. The consolidated map includes all the changes that have been made through the making of Public Path Orders and Creation Agreements. The last consolidation was undertaken in 2002 and a further consolidation is scheduled for 2008. The aim is to continue with future ‘consolidations’ at least every 5 years.
Making changes to the rights of way network The Council has powers to make changes to the network through the process of a Public Path Order (PPO). These powers enable the Council, where appropriate to divert, extinguish or create new routes. Any member of the
26 Buckinghamshire County Council ROWIP 2008-2018 public can apply to have changes made to the network, following an initial meeting with the Council regarding their proposal 22 .
Where an application for a change to the network is received, the Council will make a decision whether or not to proceed with making an order within 4 months of receipt. This allows time to be given to the necessary research and consultation within the process.
This process can sometimes be lengthy, and may involve discussions with landowners and users, and research into the benefits of such changes. The Council makes a charge for this service.
The CROW Act has introduced a new ‘right’ for owners of agricultural land to apply for an order to divert paths and this process will be dealt with similar to that outlined above.
Adding New Paths to the Definitive Map and Statement The Council has powers under HA80 section 25 to enter into agreements with owners of land to dedicate new rights for the public. It also has powers under section 26 to create such rights by Order, without consent from the owner of the land.
These powers will be particularly important to the Council in the rollout of this Plan, enabling the Council to provide new access and improved linkages within the current network. Wherever possible, the Council will do this in conjunction with landowner requirements elsewhere but, wherever the Council feels it needs to take action to secure additional access, it will make use of its powers to create new access compulsorily. It will, though, be mindful of the needs of landowners and farmers when making such judgements.
Highways Act 1980 Section 31(6) Section 31(6) of the Highways Act 1980 enables a landowner to deposit a statutory declaration with the Council showing ways that are dedicated as highways, enabling them to protect land against further claims for future rights made on use. A Register of such declarations is kept on the County Council’s website.
“Discovering Lost Ways” and Extinguishing Unrecorded Public Rights Whilst the Definitive Map is ‘conclusive’ evidence of the existence of a public right of way, the reverse is not true – i.e. public rights can exist that are not currently recognised by the County Council on the Map. As mentioned earlier, there exists through the Definitive Map Modification procedure, the means to add paths to the Map or amend the rights shown on discovery of evidence. This can be an extremely lengthy process.
The CROW Act 2000 attempts to draw a line under this continuing uncertainty by setting out that all previously unrecorded public rights will be extinguished on 1 st January 2026 and that, as a consequence, highway authorities would
22 To discuss changes to the network in your area, please contact the relevant Area Office by calling Highways on Call on 0845 230 2882
27 Buckinghamshire County Council ROWIP 2008-2018 need to research documentary records to identify any such routes not presently recorded.
Clearly as this will be an extensive task for local authorities nationwide, the Government under the auspices of Natural England, has commissioned consultants to undertake the research nationally on a phased basis over the coming years. Referred to as the ‘Discovering Lost Ways’ Project, this will identify, as far as possible, where records indicate that a modification to the Definitive Map may be needed and provide the information direct to the Council concerned. Currently it is anticipated that this research will be undertaken in the Buckinghamshire area around 2012, well in advance of the 2026 cut-off date.
Alongside the issues of unrecorded rights, the Government felt that it needed to address a specific problem. Previously, if evidence existed that a route was a public right of way for vehicles in a bygone age (those vehicles being horse- drawn), then that would give rise to a right of way for vehicles today (with vehicle meaning any vehicle). This is now addressed through the Natural Environment and Rural Communities Act 2006, which provides that use by non-mechanically propelled vehicles will not give rise to the existence of rights for mechanically propelled vehicles. All unrecorded rights for motorised vehicles are, as a consequence, (with a few exceptions) extinguished.
However, this only affects modifications to the map based on documentary or map based historic evidence of public rights. It will still be possible for public rights to come into being by virtue of use by the public for a period of 20 years, even beyond 2026.
Commons Registration Common Land and Village and Town Greens are an essential local resource. 4% of all land nationally 23 is protected from development under this guise and there are 1175 hectares in Buckinghamshire.
The Council as the Registration Authority is required to maintain the Registers of Common Land and Town and Village Greens in the county and to respond to searches of the registers 24 . The Council responds to approximately 2000 Commons and Town and Village Greens searches over the course of each year. Each search is returned within 2 days and as requests are made throughout the year, there is a constant demand on resources.
In 2006, the Commons Act was launched which placed further duties onto Local Authorities to manage Common Land. It now allows mistakes on the registers to be rectified through a simpler process and enables Common Land to be de-registered and exchanged.
23 DEFRA website 24 Commons Registration Act 1965 and the Commons Act 2000
28 Buckinghamshire County Council ROWIP 2008-2018
Village and Town Green Applications Anyone can apply to have land registered as Town or Village Green, but specific criteria apply in all cases. New legislation on town and village greens came into force in April 2007, such that • There must be a significant use of the area by the local inhabitants for lawful sports and pastimes, as of right, for a period of 20 years or more, or: • This use of the land must either be continuing at the date of the application, or have ended not more than 2 years before that date.
This now means that landowners can voluntarily register their land as a town or village green. Buckinghamshire County Council has a duty to register the land as long as all required consents are given
How Rights of Way Data is Held Because the Definitive Map and Statement is a legal document, the Council has been (and continues to be) legally obliged to print a version, keeping it bound for public inspection. It has also deposited individual maps at district and parish council offices for their relevant areas so that they can be inspected by the public at all reasonable times. Improvements need to be made to the way that information about the Map is disseminated.
For the purposes of carrying out its work, the Council maintains the Map on a computerised Geographical Information System, a high-tech solution that enables the Council to store a high level of data against individual paths. This system is very sophisticated in that it records the locations of all path furniture (such as signs, bridges, stiles, gates, etc) as well as the locations of all reported problems.
Clearly, as a management tool, this has become essential but it is well recognised that having this level of information available for the public would be an exceptional asset. Information of this kind could, potentially, • Provide basic information to the public about where they can walk, ride or cycle • Allow people to understand what they might expect or encounter on any given route • Provide details of known problems or planned works on any route • Allow for better planning for anyone wishing to take a walk • Allow the public and user groups to provide information interactively in respect of any problems they encounter
By providing this level of detail over the Internet would, potentially, open up a much enhanced level of service and enthuse those wishing to access the rights of way network.
29 Buckinghamshire County Council ROWIP 2008-2018
In summary You said… 1) A well protected and well recorded network is important to you. 2) Improved access to the Definitive Map and Statement through a web based facility would be of use. 3) The Council should use its powers to amend paths and routes where benefits to users will be realised. 4) The Council should investigate potentially unrecorded rights before the 2026 deadline.
Buckinghamshire County Council will… 1) Continue to consolidate the DMS on an ongoing basis after legal event changes, usually within 5 years 2) Seek to implement an interactive web based mapping facility for the whole rights of way network. 3) Consider all applications for PPOs, DMMOs, Common Land and Village Greens in line with the appropriate legislation. 4) Seek to define, with Natural England and LAF involvement, a clear process for identifying unrecorded routes in the short term and resolving them by the 2026 deadline. 5) Provide new access either by agreement with landowners or, where necessary, by Order. 6) Further integrate the DMS with the Council’s List of Streets to form an integrated highways asset management plan.
30 Buckinghamshire County Council ROWIP 2008-2018
Objective Action Outcome / Output Timescale Resources
Are new Is the Action partnerships What is our achievable with required to What is our aim? How will we do this? What we will monitor. existing funds and deadline? deliver the resources? action?
Ensure that: Through efficient and transparent • PPOs are determined within 4 processes: months • Consider all applications with • DMMOs are determined within 12 regard to Public Path Orders, months Definitive Map Orders, Common 1.1 • Village Green Applications are Land registrations, Cycle Track determined within 12 months This is deliverable Orders and Village Greens To uphold our duty to deliver an up • Common Land Searches are Ongoing work with existing No • Update the DMS after legal event to date Definitive Map and responded to within 2 days resources changes Statement • • Consolidate the DMS at least Deliver a consolidated definitive Map, accessible on the internet and once every 5 years. in key offices • Reduce the number of map • Annually report the number of anomalies annually outstanding anomalies on the DMS
• Implement a web based Interactive map 1.2 interactive map of the DMS is ongoing work A fully interactive • Deliver a web based interactive map • Continue to make the DMS web map system IT partnerships • Deliver a consolidated DMS to To improve public rights of way available to view at County Hall, Consolidated will require specific are required partners once every 5 years network information and the DMS major libraries and all Parish and Map in 2008 / 13 funding District Council offices / 18
The Council and LAF will work with Natural England to: • Continued LAF involvement in NE work begins • Identify, evidence and resolve 1.3 prioritising rights of way in unrecorded routes and ‘Lost NE resources will improvements Buckinghamshir LAF, parish, Ways’ before the 2026 deadline be required to fully To deliver a better integrated and • Work begins with Natural England by e by 2012 public and NE • Correlate the Definitive Map and investigate more accessible rights of way 2012 essential List of streets as part of an unrecorded routes network • Resolution of unrecorded routes and Completion by integrated Highways Asset Lost Ways by 2026 2026 deadline Management Plan.
31 Buckinghamshire County Council ROWIP 2008-2018
THEME 2: LOOKING AFTER THE NETWORK.
Managing and maintaining the rights of way network Buckinghamshire County Council aims to deliver a well maintained rights of way network that provides an enjoyable and high quality experience to all who use it. Through long term investment the network will become easier to access for a multitude of people, using better surfaces and structures where they are needed, combined with improved signage and information.
The Council aims to deliver a network that is efficiently and soundly managed, where priorities for maintenance and development are established and link with wider Council policies. As a result, the public will benefit from a service that delivers an improved standard of maintenance that is affordable.
The Council will also seek further funds to deliver improvements to the quality of the network to ensure that rights of way in Buckinghamshire rank amongst the best in the Country. With the help of partner organisations and by making the most of opportunities as they arise, the network will continue to evolve as an essential leisure and utilitarian asset for everyone.
Maintenance of the network The County’s network experiences high levels of demand and there is a high public expectation for quality routes. As a result, the majority of available funds and resources are diverted towards the Council’s core duty of maintaining the existing network to the highest possible standard, ensuring that users can access the network at all times and that no illegal barriers or obstructions prevent access.
Our priority is to ensure that rights of way are safe to use. Reports of problems potentially affecting the safety of the public remain the paramount. The Council monitors the level of resources given to all areas of the network through regular progress reporting based on a problem management matrix referred to later in this section.
The Council’s Duties for the Maintenance of the Network • To assert and protect the rights of the public to the use and enjoyment of all rights of way and prevent so far as possible their obstruction. [Highways Act 1980 section 130, amended by CROW 2000 section 63] • To maintain all public rights of way [HA 1980 s41] • To enforce the reinstatement of footpaths and bridleways that have been lawfully ploughed or disturbed [HA 1980 s134] • To erect and maintain signposts where any type of right of way meets with a public road. [Countryside Act 1968 s27] • To erect signposts, where in the opinion of the Highway Authority there is a need to assist people unfamiliar with the locality. [CA 1968 s27] • To have regard to the needs of people with mobility problems when authorising structures on footpaths. [CROW 2000, s69]
32 Buckinghamshire County Council ROWIP 2008-2018
In addition to statutory duties, the Council has powers to make improvements to the network. In maintenance terms these are secondary priorities to the statutory duties and are implemented where resources are available and agreements can be reached.
The Council’s Legal Powers • To erect or maintain signposts along any right of way [CA 1968 s27]. • To improve or widen a right of way [HA 1980, s62 & s72]. • To construct a bridge to carry a public right of way [HA 1980 s92]. • To remove an illegal structure from a right of way [HA 1980 s143]. • To require maintenance work to be undertaken on stiles and gates [HA 1980 s146]. • To require the cutting back of vegetation overhanging a right of way. [HA 1980 s156]. • To make traffic regulation orders. [RTRA 1984 s1 and s14].
Surface maintenance The majority of the county’s public rights of way have no formal surface running, predominantly, on natural ground. Only a relatively small percentage of the network has any form of man-made surface. This might be where paths follow private roadways and tracks, or where the Council has, itself, applied a surface as a means of improvement or to keep routes in a suitable state of repair. The Council’s data on surface condition is incomplete for the entire network and further work to complete this for the whole county will be undertaken through a 10-year plan.
Although looking to improve access of the whole network, the Council does not anticipate large scale surfacing of rights of way. Most users prefer to see routes in their natural condition and it will be the Council’s aim that paths will comprise a natural surface unless action is required to bring them into a proper state of repair or where there are improvements that can be made to facilitate access.
Where surface improvements are identified, the Council will consider the needs of users and potential users in deciding how to proceed, balanced with environmental considerations. Sometimes such considerations can be at odds with the Council’s duty to keep the highway in repair but these are minimal and will be undertaken following consultation with landowners and parish councils.
The RoWIP consultation data suggests that certain users would like to see surface improvements especially on bridleways from both cycling and equestrian perspectives. Whereas all-weather accessible routes enable sustainable travel modes such as cycling to flourish, bridleways that have high levels of equestrian use may suggest that a more natural surface is required for horse riders. The Council is of the view that surfaces should not be implemented to the detriment of one user type. Therefore where the needs of different users need to be accommodated, a sympathetic and balanced design will be provided to allow all users to access the network.
33 Buckinghamshire County Council ROWIP 2008-2018
Structures Structures are defined as bridges, gates, steps, stiles and signs of all kinds. Buckinghamshire currently has almost 29,000 different structures 25 on the rights of way network. The County Council has the responsibility, for the most part, to maintain these structures although many stiles and gates are provided by and, therefore, must be maintained by landowners and farmers. The Council takes a very proactive role in liaison with landowners to make improvements to structures across the county and, to this extent, fully recognises its duties for accessibility contained in section 69 of the CROW Act.
Consultation data has discovered that horse riders, cyclists and less mobile user groups feel that structures are the single biggest barrier to accessing the countryside and that making them ‘easy to use’ or removing them is fundamental to improving access. The Council therefore has targeted the reduction of structures on the rights of way network wherever possible or, where this is not possible, their replacement to aid accessibility.
Whilst many structures are vital to the countryside and will no doubt remain, the Council’s aim is to address the less essential gates, barriers and stiles where access issues arise or where there is opportunity to make improvements. In this respect the Council has adopted the principle of the ‘least restrictive option’ set out in the British Standard 26 .
As a minimum, the Council has targeted the improvement of 2.5% of the network’s structures each year to aid mobility access. This represents approximately 250 structural amendments every year, in addition to a further 5% (500) of the network’s structures that fall into disrepair each year, requiring some form of maintenance.
Bridges The Council maintains 2242 bridges across the rights of way network ranging from simple timber constructions over ditches and streams to major structures over primary rivers. Bridge maintenance can be expensive and there is an annual work programmes to replace outdated and out of repair structures along with works to strengthen major bridges to extend their lifespan.
The Council’s aim is that all bridges on the rights of way network will be assessed to determine their remaining life span and plan for their replacement as part of an asset management programme. Within this, the Council will also undertake mobility audits to ensure that, wherever possible, they do not act as a barrier to access. Without doubt this will require significant investment and represents a highly ambitious improvement. The Council recognises that it is not a realistic option to improve all bridges on the rights of way network from its own revenue budgets. Wherever possible, opportunities will be taken to secure additional resources to undertake works of this kind as part of an overall asset management programme.
25 28,739 confirmed structures as at December 2007. (bridges, gates, signposts, fingerposts, steps, stiles, and others) 26 Guidance from British Standard 5709, Specification for gaps, gates and stiles
34 Buckinghamshire County Council ROWIP 2008-2018
Addressing overgrown vegetation. The RoWIP consultation responses identified overgrown vegetation as a major factor dissuading people from using the network. The Council already recognises this and prioritises the removal of overgrown vegetation as key to the improvement of access and increase visitor numbers. Each summer the Council targets key paths and prioritises clearance work so that vegetation can be removed within 6 weeks of any reported problem.
To achieve this efficiently, the Council has developed intelligence on those routes that are susceptible to this type of problem and require regular attention throughout the summer months to ensure that, as far as possible, vegetation does not become a natural barrier to access.
Enforcement As well as maintaining the path network, the County Council is under a duty (HA80 section 130) to assert and protect the rights of the public. Inevitably this means that, on occasion, it is required to take enforcement action in order to resolve obstructions, nuisances and other interferences with the public’s rights of access.
The Council works to an Enforcement Protocol so that it will, in the first instance, attempt to resolve any obstruction or nuisance by negotiation with the owner or occupier of the land. It may consider immediate, direct action of its own if it feels that there is a danger to the public or if, for example, unlawful notices have been erected.
The Council has a wide array of enforcement powers, which, fundamentally, fall into two categories • Direct action itself to remove an obstruction or abate a nuisance, following Service of a Notice, and / or • Prosecution through the Courts Prioritisation of any obstruction will be addressed through the Problem Management Matrix referred to later in this section.
Illegal Vehicle Use Motorised vehicles only have the right to access 12kms of the rights of way network recorded as Byways Open to all Traffic. Section 34(1) of the Road Traffic Act 1988 provides that anyone driving a mechanically propelled vehicle off-road or on a road that is classified as a footpath, bridleway or restricted byway without authority is guilty of an offence. Such matters would be referred to the Police for action.
In the interests of public safety, some rights of way may also be managed by a Temporary Traffic Regulation Order, which, under the Road Traffic Regulation Act 1984 section 14, temporarily prohibits use. In addition the Council will work to resolve uncertainty surrounding the status of unclassified, unmetalled county roads, shown on the list of streets yet recorded on the Definitive Map as public rights of way. 27
27 Policy for the Management of Vehicles in the Countryside - www.buckscc.gov.uk\rights_of_way
35 Buckinghamshire County Council ROWIP 2008-2018
Ploughing and Cropping Buckinghamshire’s countryside is predominantly rural in character and rights of way are often susceptible to the effects of the annual growing cycle. Each year sees extensive clearance work undertaken on the network where rights of way cross or run alongside arable land to ensure that the paths remain accessible. The responsibility for ensuring that paths are available for public use and are visible on the ground through arable land rests with the farmer, and the County Council is under a duty to ensure that such restoration and maintenance takes place.
Paths crossing arable land should not be ploughed up or sown where this can reasonably be avoided. Where this cannot be avoided, farmers must ensure that the path is levelled and marked out so that the route is clear on the ground and convenient to use within 14 days of the first disturbance of the ground and within 24 hours of any subsequent disturbance. Any crop growth or encroachment must also be removed by the farmer throughout the growing season to ensure that it does not become an obstruction to public use. Paths following the headland, or field edge, must not be ploughed up or cultivated under any circumstances.
The penalty for allowing crops to obstruct rights of way can be severe and the Council views such infringements as a priority area for enforcement.
36 Buckinghamshire County Council ROWIP 2008-2018
MANAGING THE EXISTING NETWORK
Setting Priorities Over 3000kms of rights of way is a considerable network to maintain. To do so in an efficient manner, a Problem Management Matrix has been developed to prioritise issues on paths according to the nature of the problem and its location.
The matrix is essentially a public service agreement, pledging to deliver maintenance to the entire network and to give the public a reasonable expectation of when works will be completed. Although maintenance related to public safety concerns and the more heavily used sections of the network will remain the top priority, regular maintenance is carried out countywide on an ongoing basis as the need arises.
The Council has set itself ambitious targets to deliver a high standard of maintenance countywide and continuously monitors its progress. This recognises the level of public involvement in the process in terms of reporting problems and shows a commitment to their resolution.
Any problem arising on the network is currently addressed according to its severity. The Council has defined 4 categories of problem (A to D) as outlined below. High Severity issues (category A) are considered to be problems of an immediate or potential danger to the public. Levels B & C are both medium priority and level D represents a lower priority for action.
(A) HIGH SEVERITY – Problem is an immediate or potential danger or nuisance to the public requiring priority action. • Hung up tree or branch • Potentially dangerous structure • Fallen tree completely blocking path or partially blocking bridleway • Dangerous animal • Aggressive landowner / intimidation • Shooting near to or across path
(B) MEDIUM SEVERITY - Ploughing/Cropping and maintenance items • Path obstructed due to undergrowth or overgrowth • Missing signpost / replacement signpost / Waymarking at roadside • Routine structure repair / replacement • Disturbance of surface of a path • Path obstructed due to growing crop
(C) MEDIUM SEVERITY - Other maintenance and enforcement items • Complete obstruction of path • New or recent erection of fence across path • New or recent encroachment • New or recent unauthorised structure on path • Electric Fence / Barbed Wire adjacent to path uninsulated / not signed
(D) LOW SEVERITY - Issues that have a minor impact on access.
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• Path being used by public not on definitive line • Horses on footpaths not causing damage • Cycling on footpaths not causing damage • Surface out of repair (non-specific danger) • Requests for dog access • Fallen tree on path where public are deviating around • Path diversions, except where formal applications submitted
PATH STATUS
1 2 3
A Within 5 Within 10 Within 15 (High) working days working days working days
B (Medium) Within 3 Within 4 Within 6 Priority Months Months Months enforcement
C
PROBLEM SEVERITY Within 3 Within 5 Within 6 (Medium) Months Months Months Other enforcement
D Within 3 Within 6 Within 12 (Low) Months Months Months
Figure 5: The Rights of Way Problem Management Matrix
Priorities are further addressed by assessing the level of significance or use of a particular route. This gives the Council a clear indication that the most serious problems on the more heavily used routes take priority for action. Three categories of path type are summed up below.
CATEGORY 1 – approximately 30% of the network • The Thames Path and The Ridgeway National Trails • The 37 County Council Promoted routes • Canal Towpaths • Paths known to have high-volume usage
CATEGORY 2 – approximately 25% of the network • Health Walks routes and promoted Parish routes • Routes within 0.5km of a settlement boundary • Other routes within the Chilterns AONB
CATEGORY 3 – approximately 45% of the network • The remainder of the network
38 Buckinghamshire County Council ROWIP 2008-2018
When the two classifications are combined, a matrix of severity and route type is formed. This is used by rights of way officers to apply a consistent and efficient approach to maintenance over the whole network. The Council monitors its performance against each of these criteria.
In Summary
You said... 1) You are happy with the overall condition of the rights of way network. 2) A well maintained network of rights of way is important to you. 3) The removal of barriers to access is a top priority. 4) Surface improvements on bridleways would encourage further use. 5) Overgrown vegetation was a major factor dissuading use of the network. 6) Improved enforcement of the rights of way network, especially the removal of obstructions, is important to you
Buckinghamshire County Council will... 1) Deliver a nationally regarded, well maintained network of rights of way. 2) Prioritise the effective maintenance and management of the whole network. 3) Remove barriers that obstruct access, focussing in particular on those barriers that obstruct those with mobility and visual impairments. 4) Consult widely with a range of users groups where surface improvements are to be made. 5) Improve methods of addressing overgrown vegetation and prioritise its removal where it obstructs access. 6) Enforce the removal of crops and the reinstatement of paths, where access is affected.
39 Buckinghamshire County Council ROWIP 2008-2018
Objective Action Outcome / Output When? Resources
Are new Is the Action partnerships What is our achievable with required to What is our aim? How will we do this? What we will monitor? existing funds deadline? deliver the and resources? action?
• Maintain rights of way to the • Seek sustained top quartile BVPI Current levels of highest possible standard. 178 performance nationally maintenance Further volunteer • Enforce against obstructions of Bi-annual BVPI within existing contributions and public rights right of way and Regularly report: 2.1 surveys will be resources partnership ensure reinstatement following • The % of structures removed or carried out coordination will ploughing and cropping. improved Provide & protect a well maintained Further funds required to • Mitigate against abuse of rights • The length of rights of way mown rights of way network Annual reporting of required to deliver improved of way by users of motorised annually targets deliver improved maintenance vehicles in line with policy. • The % of reported issues dealt • maintenance standards Focus resources in summer to with within established matrix standards deal with vegetation within 6 wks timescales
• Deliver an improved, corporate • Feed rights of way data into the Production of asset asset management action plan corporate asset management management plan A complete asset and IT systems action plan by 2011 by 2011 An integrated management 2.2 approach with database and Using staff and volunteers • Completion of the asset Completed asset the Highway action plan will Improve the Council’s knowledge • Survey the entire network and management survey of the entire management survey Asset require specific and asset management of the by 2018 Management accurately record details of path network funds, potentially rights of way network Systems is surface type and condition, all as part of the structures locations and • Implementation of essential Update the Bridge Maintenance LTP conditions. Action Plan on a 10 yearly basis Bridge Maintenance Plan by 2011
• Manage all network maintenance Further work with and enforcement work in line 2.3 The service can volunteers and with matrix timescales • Report on customer satisfaction Annual reports to deliver good partners will • Regularly review the status of with the rights of way network LAF and Rights of Provide an efficient, value for standards using allow for paths within the matrix • Report the levels of volunteer Way Liaison Groups money service supported by high existing improved value • effort and Council website customer satisfaction Work with partners and resources for money volunteers to maintain parts of maintenance the rights of way network
40 Buckinghamshire County Council ROWIP 2008-2018
Objective Action Outcome / Output When? Resources
Are new Is the Action partnerships What is our achievable with required to What is our aim? How will we do this? What will we monitor? existing funds deadline? deliver the and resources? action?
• Where appropriate, develop Annual reporting on Existing P3 Improved maintenance strategies with • Report the number of parishes P3 work and scheme and 2.4 partnerships Local Communities engaged with the P3 initiative involvement appropriate with all • Consult with local parish councils • Embed guidance on safe, strong liaison with all Support safe, strong and cohesive parishes and prior to major maintenance and prosperous communities into Ongoing work to parishes can be communities relevant user schemes rights of way practices deliver wider delivered within groups will be • community existing Collaborative working with Parish required. Councils involvement resources
Work with the National Trails The NTMG can Improved Management Group to: • Report customer satisfaction on Regular reports on be supported partnerships / • Identify maintenance concerns the National Trails public satisfaction through existing funding 2.5 on the National Trails • Monitor the levels of use of the resources opportunities
• Contribute funds annually to the National Trails through the Annual work will be Protect and assert the County’s monitoring and maintenance of Management Group programmes and Further NE necessary to National Trails (The Ridgeway and the National Trails • vehicle monitoring support to the ensure that Thames Path) Report to the Local Access • Support enforcement strategies Forum on works undertaken on regimes Trails would National Trails to protect the Trails the National Trails. deliver remain flagship improvements routes
Through a 10 year plan, the Annual progress 2.6 Council will monitor use: reports Volunteer, • Publish the results of each route • Carry out annual surveys of key Specific funds to partner and survey on the website and to the Improve the use and enjoyment of routes Complete a survey public use LAF Local Access Forum the rights of way network • Identify popular sites and routes countywide will be required. involvement is
• Monitor route guide downloads assessment of likely public use by 2018
41 Buckinghamshire County Council ROWIP 2008-2018
THEME 3: CREATING NEW LINKS
Implementing Strategic Improvements Buckinghamshire’s network of public rights of way is highly extensive and provides important links for many communities. The Council is looking to develop the network in areas of under provision, or where links are severed or fragmented, to deliver a more integrated network of footpaths, bridleways and cycling routes across the County.
Many opportunities have arisen over recent years to deliver such improvements and it is anticipated that this trend will continue to escalate to 2018 and beyond as a result of population growth and housing development in Buckinghamshire. The Council has identified partners to maximise these opportunities and will continue to work closely with them.
The network of tomorrow A fundamental role of this Plan is primarily to modify the network of rights of way into a 21 st Century resource, suitable for the enjoyment of a range of multi modal pursuits and users across the county.
Priorities for this area are complex, as there are many competing factors for change. However, in the light of increasing public expectation to improve the network of public rights of way to satisfy their needs, the Council will seek to take advantage of opportunities to improve sections of the network in line with its priorities as well as targeting routes for specific and strategic improvement.
The Council has powers in statute to deliver a wide range of improvements to the network in accordance with these needs and will seek to implement access improvements for the greater use and enjoyment of the network, where appropriate.
Therefore the Council will seek to secure funding, partnerships and opportunities to deliver such schemes and will support local communities by exercising a range of powers to deliver them. Through a reasoned approach, where benefits to local communities, the access agenda, landowners and others are considered, the Council will use its powers to negotiate for the creation of new footpaths & bridleways, cycle track conversions, creation agreements and through section 106 agreements with developers. Ultimately new access will be created by compulsory creation orders 28 , where supported by the Council’s Members.
Delivering Improved Green Infrastructure The landscape and biodiversity of the County is seen by most residents and visitors as an asset that makes Buckinghamshire unique 29 . However, a significant area of Buckinghamshire forms part of the Milton Keynes and South Bedfordshire growth area, which will put pressure on areas of Buckinghamshire’s landscape to change.
28 Highways Act section 26 29 Buckinghamshire County Council Resident’s survey 2006 data
42 Buckinghamshire County Council ROWIP 2008-2018
The South East Plan includes plans for growth in Buckinghamshire to 2026 and it is anticipated that over 1500 new homes will be built each year within the County. Encouragingly, the South East region has the fastest growing economy in the UK and housing growth is likely to be matched by significant inward investment.
This investment represents an enormous opportunity for the Council to improve its provision of green infrastructure and open spaces for Buckinghamshire residents and develop new links on the rights of way network to connect existing and new urban centres with the countryside. Indeed it is an essential and fundamental role of this plan to ensure that such investment is optimised to include enhanced access to the countryside. It is vital that as the population grows, the green infrastructure provision in the County increases accordingly.
As with built or ‘grey’ infrastructure there is a need to plan for the provision of ‘green’ spaces to meet the future needs of the growing local communities. Buckinghamshire County Council in partnership with the district councils has, developed a vision for Green Infrastructure to enhance existing green spaces and plan for the development of new ones.
The rights of way network is one of the fundamental parts of the overall provision of green infrastructure and countryside access, including country parks, open access land, woodland and National Trust Land. Consultation data for the development of this Plan highlighted that the majority of users still use the network as a means to relax, enjoy and learn about the countryside. It is therefore essential that rights of way provide the leisure links and routes that allow the landscape to be fully appreciated.
The Green Infrastructure Strategy aims to maximise on growth related investment to support improvements to the County’s green spaces and wildlife habitats. The Council has the ability through planning agreements to utilise development funds to preserve key areas of the natural landscape, enhance biodiversity and woodland and create new recreational facilities. This will be an ongoing priority both to and beyond 2026.
The current provision of green and open space across the County is high. However certain areas – such as within the Aylesbury Vale district – have a deficit of green space and fail to meet any of the ANGST 30 standards set out by Government. Other communities may have ample green space but lack the links to enable these areas to be accessed easily.
Where there are inadequate or limited public rights of way, the Council will seek to maximise all opportunities to generate the resources required to implement new links or improvements through opportunities presented by housing growth investment and external funding contributions.
Furthermore, there exists considerable opportunity to develop areas of existing countryside as an access opportunity. Canal towpaths, areas of woodland and picnic sites are but a few areas that people visit in great numbers and form part
30 Accessible Natural Green Space Targets
43 Buckinghamshire County Council ROWIP 2008-2018 of the larger picture of countryside access. The Council recognises that work needs to be done to develop these links in the future and provide a more comprehensive picture of access with other service providers such as the National Trust, the Forestry Commission, British Waterways and The Chilterns’ Conservation Board.
Open Access Land The Council is responsible for improving access to land designated as Open Access Land 31 . These areas are recorded on the Council’s asset management system.
In recent years the Council has provided access improvements to these pockets of land in partnership with landowners and the former Countryside Agency and it is hoped that funding opportunities will arise to support this scheme under the guise of its successor body, Natural England.
The Council recognises that open access land requires further work to allow a greater proportion of the land to become fully accessible. Priorities for Open Access will therefore remain twofold; to deliver enhancements to existing open access sites and market its provision through improved signage on site and through the provision of information.
Working towards a more joined-up network The Council will target the development of new links and the connectivity of the network around the County. Some routes become “dead ends”, or terminate at busy roads leading to a fragmented and incomplete network. Some routes also change status or end at the County boundary preventing longer routes being established.
The Council has powers to enable changes to the network to take place where these are deemed to be a priority for the community it affects or users in general. As mentioned earlier, the Council will seek to make changes through negotiation but will, where appropriate and necessary, make use of compulsory powers to create new access. Requests from parish councils, local users and community groups have identified many areas where the network is deficient. Additionally, local communities have highlighted rights of way concerns within their Local Area Action Plans and it is anticipated that these will become future projects for the Council to implement in partnership.
The huge response from local communities, user groups and parish councils suggesting improvements has provided the Council with a considerable volume of potential schemes which it will look to prioritise within the life of this plan and beyond.
A process will be established to prioritise schemes in conjunction with local community leaders and residents to ensure that, where possible, funds can be diverted to schemes that are in greatest need or demand, or additional resources raised to implement them in partnership. This process will enable the Council to deliver a countywide action plan for the creation of new links,
31 www.openaccess.gov.uk
44 Buckinghamshire County Council ROWIP 2008-2018 prioritised by the communities involved. This vision can then be fed into the planning process, ensuring that development and growth provide opportunities to improve and extend the existing network.
Bridleway Fragmentation The Council recognises that the bridleway network is, essentially, the most fragmented, with relatively few complete routes between many of the major equestrian centres, the wider countryside and local communities. Consultation data from parish councils and user groups such as the British Horse Society has highlighted the volume of bridleway improvements needed to provide an adequate network of multi-purpose routes .
To address this, the Council will establish programmes of work, in partnership with user groups outlining the aspirations for new routes to be pursued. The Council’s success in this area in the past has, in part, been due to opportunities presenting themselves and negotiations undertaken to ensure that benefits to the access network are fully exploited. The Council sees the creation of public bridleways as significant in that they provide multi-user options for walkers, horse riders and cyclists which, in turn, leads on to discussions about the provision of routes that are constructed in a way that supports multi-level usage where appropriate.
Permissive Paths The Council has a very strong preference that any new access will be formally dedicated or created as part of the Definitive Rights of Way network.
It is accepted, though, that there exists a ‘permissive access’ resource – routes provided by land managers on the basis of allowing the public to use them as opposed to establishing any public right. Much of this access is tied to Agri- Environment Schemes supported by Central Government.
Little is recorded by the Council of this resource but, where appropriate, it will be considered as part of any arrangements to close gaps in the network of countryside access.
Formal Permissive Path Agreements with the Council will be considered a low priority as a means of securing new access.
45 Buckinghamshire County Council ROWIP 2008-2018
In summary You said… 1) Improvements to rights of way in your area are important to you. 2) Addressing the fragmentation of the network, especially bridleways is a top priority. 3) Ensuring the preservation of the network during a time of population and housing growth is a high priority. 4) Where insufficient rights of way exist, the Council should seek to resolve this. 5) Rights of way are vital to accessing key services and leisure opportunities in your area. 6) Providing improved access to Open Access Land is essential. 7) Providing strategic green links and increased provision of green spaces is highly important.
Buckinghamshire County Council will… 1) Seek to deliver strategic improvements through an annual programme of work. 2) Identify and prioritise the worst areas of bridleway fragmentation in the County and seek to implement improvements. 3) Utilise all opportunities presented by developers and partnership arrangements to secure funds for improvement works. 4) Identify areas of the county in conjunction with local communities where new rights of way links are needed. 5) Deliver improvements to rights of way where they serve a multitude of needs and prioritise these routes within the maintenance hierarchy. 6) Seek to deliver Open Access improvements in partnership with Natural England. 7) Work to generate investment into the county’s green infrastructure and deliver improved green links and green spaces.
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Objective Action Outcome / Output When? Resources
Are new Is the Action partnerships What is our achievable with required to What is our aim? How will we do this? What we will monitor. existing funds deadline? deliver the and resources? action?
• The delivery of an annual programme of works Annual delivery of 3.1 • Involving local communities • The overall provision of schemes Creation of new BCC will seek to • Providing an extensive bridleway bridleways in Buckinghamshire rights of way and deliver works Improve the use and enjoyment of network • The improvement of green space Continual bridleway monitoring levels with appropriate the rights of way network • provision in Buckinghamshire assessment of use will require Link communities together with partners and • specific funds rights of way The levels of public rights of way users. (linked to 2.6) • Address areas with a low use Annual monitoring of and LTP support provision of rights of way levels of use
• Establish areas of footpath & Better and more bridleway fragmentation, map A continued 3.2 • The overall provision of integrated access their locations and produce To be delivered as partnership bridleways in Buckinghamshire will require Action Plans opportunities arise approach will be To deliver a better integrated and • Improved accessibility to the specific funds • Deliver the Green Infrastructure required to more accessible rights of way rights of way network strategy to improve and link Map known areas of improve green network • New Green Infrastructure Growth funds will green space provision fragmentation onto spaces in areas be used to deliver • provision CAMS by 2009 of under (linked to 1.3) Deliver path creations where improved green provision required. space provision.
Work with landowners and Natural • Report on the delivery of Open 3.3 England to: Access Initiatives to the LAF NE funds will be Partnerships with • Promote open access provision • Monitor the levels of open Annual delivery of required to Improve access to the County’s NE and in Bucks access provision in improvements and deliver open natural environment through Open landowners are • Identify key Open Access sites Buckinghamshire monitoring provision access Access sites essential requiring work • improvements 100% of open access sites to be signed as to their restrictions
3.4 Work with local communities to: The local • Report on partnership projects to • Identify key projects framework of the LAF Continual delivery of Support safe, strong and cohesive • Deliver work in partnership delivery will be Partnerships are • Monitor the input of local partnership / local communities • Support the implementation of supported essential communities in rights of way framework approach parish plans through existing work (Linked to 2.4) funds
47 Buckinghamshire County Council ROWIP 2008-2018
THEME 4: KNOWING WHERE TO GO
Improving our information and publications The County Council will fully review its strategies for publicising and promoting access to the Buckinghamshire countryside. It will investigate the quality of information provided and its ease of access. In providing greater information about the location of routes, how to get to them and what to expect whilst enjoying them, this will encourage more people to access and enjoy the countryside for a variety of purposes.
The Council aims to provide information in a variety of ways. In addition to traditional walks leaflets, the Council aims to further develop web based route guides, which can be accessed interactively, and utilise the local media and popular publications to better inform communities of the outdoor opportunities on their doorstep.
The Council aims to ensure that all public rights of way are easy to follow on the ground, by continuing to provide adequate signposting and waymarking of all routes.
Developing Internet access All public rights of way are recorded in the Council’s Geographical Information System (GIS) and available publicly on the Internet at Bucks Online 32 . Through its computerised map systems the Council records all path management data, infrastructure details and where improvements or maintenance works are required. It is the Council’s aim to provide improved map data through an interactive web system that will not only provide information to potential path users about conditions or constraints on particular routes, but will more readily facilitate the reporting of problems on line.
In this way, users with particular requirements could, for example, identify routes that are stile-free or to check if a problem they have encountered is already recognised by the Council. The ROWIP consultation data indicates that greater and easier public access to this information enables people to discover new routes.
The County Council’s current website has considerable information available for the public to download including a number of walks and rides leaflets. This is regularly updated and provides relevant information required to take a walk or ride on a particular route. Each includes a map and descriptions of the route showing what people can expect while accessing the area, including information about where to eat or park or how to get to the walk by public transport.
The Council aims to further develop the provision of web based information as well as its quantity and quality over the course of this plan. Currently the Council website provides considerable additional information about wider
32 www.bucksonline.gov.uk
48 Buckinghamshire County Council ROWIP 2008-2018 rights of way issues, the work of the Council and ‘frequently asked questions’. This has been identified as a priority area for investment.
Public access to the Definitive Map and Statement. The Definitive Map is available at various locations including all major libraries and the County Council offices. In addition, parish councils have extracts from the map of their own areas and extracts are available to the public for a small fee. Whilst there is access to mapping showing rights of way on the Council’s website, it is a long term aim to develop access to Definitive Mapping and databases via the Internet.
Marketing the Network The Council aims to market the provision of access corporately, where access reflects the wider network of rights of way, cycle lanes, open space, open access land and common land. It is anticipated that this ambitious marketing strategy will be delivered through a strong partnership approach, where the Council will play a central role in delivering an improved standard of information to the public about where to go and what to enjoy. It will also provide more linked access over the Internet to partner sites – such as the Chilterns’ Conservation Board – which also provide information about walking, cycling and horse riding in Buckinghamshire. Jointly, this provides an extensive resource of public information.
Promoted Routes Traditionally, the Council has produced leaflets for some 35 promoted routes. These routes were devised in consultation with partners to provide a mixture of historic and environmental attractions to encourage access by people in greater numbers, especially by those not necessarily familiar with walking in the countryside. They are also routes that, by and large, concentrate on areas away from the Chilterns Area of Outstanding Natural Beauty where walking provision is extensive. By encouraging people to walk a well-waymarked route, people will be enthused to walk more widely on the network.
Many of these leaflets are in need of upgrading to reflect changes and to meet today’s needs. The Council will seek to develop partnerships and funding opportunities to revamp leaflets over the course of the next 3-5 years, make information more accessible and look at other means of promotion.
Wherever possible, the Council will seek to ensure that there is added benefit to the economies of local communities, by working with local pubs, shops and small businesses that will directly benefit from an increase in users on the routes, and seek sponsorship for route and leaflet provision wherever it can.
Parish Walk Leaflets. Alongside the Council’s own promoted walks and rides, the Council has also worked closely with parish councils to develop leaflets for individual parishes and communities, seeking to engage local people to enjoy the opportunities on their doorstep.
Such requests, when made in an ad hoc way, place significant demand on resources, and the Council fully intends that requests in future will be treated
49 Buckinghamshire County Council ROWIP 2008-2018 on a more planned and prioritised basis, with emphasis on funding them in partnership.
Improving Signage The County Council has a duty to provide signposts indicating where all public rights of way join with public roads and to provide waymarking on the routes where the paths may not be easy to follow by those unfamiliar with the area.
There are some 4425 signpost locations 33 throughout the county and a considerably larger number of waymarking locations. In 2000, 95% of our paths were “easy to find” 34 and this has risen to 97% in 2007 35 as a direct result of investment in roadside signage improvements. In Buckinghamshire, the rights of way network is well signposted from roads and this will remain a priority.
Away from the roadside, there exists a wide variety of waymarking on the network. These are small discs, featuring yellow, blue and red arrows that follow a national standard denoting the status of the route. They are now highly popular as a subtle means of directing users without urbanising countryside areas.
The RoWIP consultation data suggests that improved signage is vital to developing the network for the wider public, especially non users who lack information on where to go. The Council has prioritised signage improvements to be delivered, as a major factor in the BVPI assessment and as a crucial element to opening up the network for future users. In partnership with local communities and other stakeholders, opportunities will be taken to improve the quality of information provided on signposts where appropriate.
33 Accurate to December 2007. 34 Countryside Agency, Rights of Way Condition Survey 2000, p8 & p67 35 BCC monitoring data. “Percentage of rights of way signposted in accordance with CA 1968, s27”
50 Buckinghamshire County Council ROWIP 2008-2018
In summary You said… 1) Lack of information about where to go was a major reason for not using rights of way. 2) You would like to discover somewhere new, if information was provided. 3) Word of mouth, the local press, websites and libraries were your main ways of accessing information about countryside routes. 4) An interactive facility for downloading routes via the Internet is a priority. 5) Delivering a wider range of leaflets for local communities should continue. 6) Publicity should be improved to include details of passenger transport links, services such as pubs, shops and toilets and route details such as gradients, surface type and structures. 7) Signage needs to be clear and consistent so people understand where to go.
Buckinghamshire County Council will… 1) Deliver an improved source of informative leaflets and downloads via the Internet. 2) Seek to deliver leaflets in new areas in partnership with town councils, parishes and user groups. 3) Deliver information to the public through a variety of sources with particular focus on the local press and the Internet. 4) Seek to develop an interactive web based facility that improves the public’s ability to access the wider network. 5) Improve the content of publications so that key facilities are taken into account. 6) Deliver a high standard of route signage, so that all routes are clearly marked throughout.
51 Buckinghamshire County Council ROWIP 2008-2018
Objective Action Outcome / Output When? Resources
Is the Action Are new What is our achievable partnerships What is our aim? How will we do this? What we will monitor. with existing required to deadline? funds and deliver the resources? action?
Encourage wider access through the provision of: • Interactive web based maps • Downloadable route guides • Promoted Route leaflets Interactive map work Improved Partnerships • • 4.1 Health walk leaflets Deliver a web based interactive ongoing information with Tourist • Local community leaflets map on the BCC Boards and • • To Improve public rights of way CCB publications Deliver a complete programme of Download route website will others will network information and the DMS download-able route guides of guides to be be delivered be required Improve rights of way publications promoted routes complete by 2011 using for complete (Linked to 1.2) with data about existing access • Passenger transport resources marketing arrangements • Local provision of key facilities including toilets • Surface and access data
4.2 Specific Annually deliver funds will be Parish and • Work with parishes and user • Monitor the number of parishes Support safe, strong and cohesive improved local required to user group groups to develop a wider range involved in developing parish communities community access deliver local partners will of route guides in key areas. route guides. information community be sought (Linked to 3.4) access info
4.3 Deliver a network that is easy to Effective • Seek ongoing top quartile BVPI Bi-annual BVPI Delivered access through: signage will 178 performance nationally surveys with Provide & protect a well maintained • Appropriate signage and be delivered • Annually report on the % of signs volunteer rights of way network waymarking in line with policies within removed, altered or improved Annual reporting of and partner • Improved signage of open existing signage targets assistance (Linked to 2.1) access sites resources
52 Buckinghamshire County Council RoWIP 2008-2018
THEME 5: LOOKING AFTER YOU AND THE ENVIRONMENT
Improving the Quality of Life in Buckinghamshire Buckinghamshire County Council is very aware of the essential role that public rights of way play in many people’s lives, providing significant opportunity to enjoy the countryside and use it for a variety of purposes. Without such access to the rural environment, our culture, health and well- being would be adversely affected.
The Council will seek to enhance the existing network of paths to allow all residents to enjoy the natural and historical environment and landscapes. In addition it will continue to link the network to the health and culture agendas, encouraging people to access the countryside and improve quality of life wherever possible. The Council will encourage access provision where local economic benefits can be realised for local business interests and the farming industry.
Tourism and Economy Buckinghamshire has an extremely strong and competitive economy. Rated as one of the top ten places to do business in the UK, it offers an excellent environment from which businesses can flourish. The following facts and figures highlight the county’s success: • Buckinghamshire’s economy presently equates to around £5.6 billion per year. 36 • The county’s economic growth rate is higher than the national average and that of the South East region, with GDP currently increasing at 3.3% per annum. 37 • The average income in the county is 35% higher than the national average, and 165% higher than the EU25 figures. 38
With the intended development of the County, Buckinghamshire will continue to be a great place to live but it is also a short-term destination, with much to attract tourism and businesses alike. It is estimated that there are over 2 million visitors annually to Buckinghamshire, generating £285 million for the local economy. In turn, this supports an estimated 14,000 local jobs 39 . A significant proportion of these are based within rural communities, in guesthouses, pubs etc.
The Council has not undertaken an economic assessment of the value of its rights of way network to the economy but it is estimated to be considerable. Nationally there are approximately half a billion walks taken in the countryside per annum, generating £6.7 billion in turnover for local businesses. 40 These figures are for walking only and, given that the rights of way network is the single most important means for people to access the countryside 41 , for a multitude of users, its impact upon Buckinghamshire’s economy is significant.
36 Buckinghamshire County Council Economic Assessment 2003 37 Buckinghamshire County Council Economic Assessment 2003 38 Buckinghamshire County Council Economic Assessment 2003 39 Buckinghamshire County Council Structure Plan – Policy 28 40 ‘The Economic and Social Value of Walking in England’ – Ramblers’ Association 2003. 41 Countryside Commission - 1988
53 Buckinghamshire County Council RoWIP 2008-2018
Analysis suggests that of those visiting the countryside, the majority do so to walk, visit friends or to eat/drink out 42 and there are many small businesses, such as pubs, shops and guest houses within easy reach of the network of paths that benefit from walkers and riders.
The County Council will look to deliver as much economic prosperity through the development and marketing of the rights of way network as possible. Through new key links with established tourist centres and local service providers, such as shops, local accommodation, pubs and specialist service providers such as livery yards and cycle hire, the rights of way network helps to bring wider tourism benefits to the county.
Protecting Agriculture and the Natural Environment Buckinghamshire is a county of great beauty that is prosperous and successful with an exciting mix of cultures, heritage and varied communities. Generally, people value the countryside around them and visitors are naturally attracted to it. Its landscape has two predominantly distinctive characteristics. The northern half of the county is predominantly agricultural with rolling green fields dotted with attractive market towns, quaint villages and rivers, a landscape of historical, ecological and agricultural importance. The southern half of the county is dominated by the Chilterns Area of Outstanding Natural Beauty (AONB), characterised by its chalk hills and beech woodlands and leads down to the River Thames valley forming the southern boundary of the county.
Naturally, the predominantly rural landscape of Buckinghamshire relies heavily on the agriculture industry and the production of local food. The access network is an integral part of this landscape and has benefited from strong links with the agricultural community and landowners. The Council places high value on relationships with local farmers and landowners and will continue to work with land managers to ensure that their responsibilities towards the management of access is understood, whilst any adverse impacts of increased access is minimised.
It is vital for all those with an interest in the countryside to ensure that access impacts positively on the lives of farmers and land managers and develops a positive social and economic impact. In this respect it is important that users of the countryside fully respect and understand their own responsibilities so that trespass, vandalism and abuse are minimised.
Buckinghamshire County Council is always willing to work with land managers and farmers in particular to develop wider access opportunities. Landowners are encouraged to contact the Council where they feel their land offers an opportunity to develop new links on the network, especially where economic benefits can be realised.
42 2002-03 Day Visits Survey – Countryside Agency
54 Buckinghamshire County Council RoWIP 2008-2018
The Historical Access Network National Planning guidance expresses the desirability of preserving important archaeological remains, historic buildings and landscapes and the County Council preserves and manages 145 Scheduled Ancient Monuments 36 registered historic parks and gardens and 5772 listed buildings and structures 43 across the county in line with this principle. The sites have varying degrees of access but the rights of way network provides access to a number of them. However the provision of access to such special sites is sensitive, due to the need to consider conservation and biodiversity issues. Path surfaces, heavily used routes and poorly sited structures can have a detrimental effect on historical sites and future access improvement must consider the specific needs of each one.
Through a partnership between the Rights of Way and Archaeological Teams, the Council will seek to identify sites where access can be improved to the benefit of the access network and the use and appreciation of the County’s historical assets. In a bid to encourage wider appreciation and understanding of the natural landscape, historical sites will continue to be identified in the Council’s walk guides and marketed. This in turn could realise economic benefits to the county through increased tourism opportunities.
Biodiversity Buckinghamshire is a county rich in biodiversity and it is essential that the County Council plays a role in developing new access whilst considering the environmental implications. New legislation in the shape of the Natural Environment and Rural Communities Act 2006, stresses that “all public bodies must have regard to the conservation of biodiversity in all that it does” 44 . This legislation has the aim of delivering the Government’s target to halt the net loss of biodiversity by 2010 and “mainstream” biodiversity conservation.
Effectively, this places a duty on the County’s Rights of Way service to consider the consequences on biodiversity within all areas of its work, and significantly extends current responsibilities to ensure that reasonable steps are taken to further the conservation and enhancement of its 85 Sites of Special Scientific Interest 45
Future Government performance assessments will consider each authority’s ability to deliver biodiversity enhancements and it is essential that the Council’s services, including Rights of Way management, demonstrate positive measures for biodiversity where applicable.
Several key wildlife species and habitats are specified within the WCA Act 1981 and extended within the NERC Act 2006 that must be expressly considered and the County Council has begun the process of mapping habitats, which will be completed in early 2008. To deliver nature conservation measures, the Council will liaise with relevant partners and
43 English Heritage, 'Heritage Counts: SE 2007' 44 NERC Act 2006, section 40 45 Buckinghamshire Environmental Records, accurate to December 2007
55 Buckinghamshire County Council RoWIP 2008-2018 utilise the Buckinghamshire Environmental Character System and the Local Biodiversity Action Plan.
Protecting the countryside Information from landowners and farmers regularly highlights their concerns about abuse that occurs from time to time, including leaving gates open, trespass and unauthorised use, especially by motorcyclists. To continue to enjoy the enormous benefits of the countryside and the access network, great emphasis is placed by the Council and its partners and all those who respect the natural landscape in acting responsibly. The ROWIP consultation data confirmed that the negative aspects of countryside access such as litter, dog mess, fly tipping and illegal vehicle use are major reasons for not wanting to access the network more frequently.
The Council will seek to address such issues by encouraging greater individual responsibility through the Countryside Code. Promoted by Natural England, the code 46 , revised in 2004, gives plain advice to the public about their responsibilities whilst enjoying the countryside.
The 5 elements of the code cover: how to protect plants and animals, respect gates and countryside property, how to consider other people and be responsible with dogs and, finally how to be safe in the countryside.
Delivering health improvements 47 The World Health Organisation recommends everyone should do at least 30 minutes of moderate physical activity at least five times a week to be healthy 48 . The easiest way to achieve this is to go for a brisk walk and the rights of way network offers a safe and attractive way to achieve this.
From April 1 st 2007, Buckinghamshire County Council combined health initiatives and rights of way management through the delivery of the countywide Health Walks scheme. The countywide “Simply Walk…Your Way to Health” initiative operates via a steering group incorporating the County Council, Buckinghamshire Primary Care Trust and the four district councils in the County.
The “Simply Walk” programme delivers the aims of the Health Care sector and the Local Area Agreement target 49 to increase the number of people participating in led health walks.
The programme aims to improve overall levels of health and confidence to walk in the countryside and elsewhere in people who take little or no exercise. The coordination of the project includes the training of volunteers to lead the regular walks, advertising the walks through the local media and GP surgeries and the development of new walks where there is interest. The programme is
46 Details are available at www.countrysideaccess.gov.uk/things_to_know/countryside_code 47 Email [email protected]. 48 www.whi.org.uk 49 HCOP Block. Outcome 1. Indicator 5 “Increase number of people engaged in organised Health walks”
56 Buckinghamshire County Council RoWIP 2008-2018 highly popular, managing 35 established walking routes, over 1400 participants and 150 volunteer walk leaders in 2007 countywide. 50 .
New Health Walk programmes are launched quarterly and details are available at GP surgeries, major libraries and the County Council website.
In summary You said… 1) Links to wider facilities such as shops, toilets, pubs, local accommodation would be useful while using the network. 2) Developing access to key sites and tourist attractions in the County through rights of way will help develop and promote sustainable transport opportunities. 3) Protecting the rights of land managers and assisting the agriculture industry is vital to preserving the Buckinghamshire landscape. 4) It is important that users act responsibly on the network to not adversely affect the agriculture industry. 5) Wildlife and local biodiversity are two of the main attractions to visiting the countryside. 6) The Simply Walk programme is a highly valued service within local communities.
Buckinghamshire County Council will… 1) Promote the availability of local service providers on rights of way routes where possible. 2) Give high priority to improvement schemes where significant tourism or economic benefits can be realised. 3) Continue to protect land interests and educate users of the network through a variety of methods incorporating the Countryside code. 4) Continue to have regard for biodiversity within all rights of way work in line with statutory guidance. 5) Develop the programme of led Health Walks countywide in partnership.
50 Combined figures from Simply Walk and Heart and Sole programmes in 2006
57 Buckinghamshire County Council RoWIP 2008-2018
Objective Action Outcome / Output When? Resources
Are new Is the Action partnerships What is our achievable with required to What is our aim? How will we do this? What we will monitor. existing funds deadline? deliver the and resources? action?
• Promote countryside access to increase visitor numbers to the 5.1 network and tourist sites • Support the access management BCC will seek to • Levels of use on the rights of Monitoring levels Through rights of way work, deliver of tourist sites deliver with way network Annual monitoring of of use will require economic benefits to local • Support the needs of farmers appropriate • The number of schemes linked to levels of use specific funds communities and businesses. and land managers partners and farmsteads. and LTP support • Support Rural Development users. (Linked to 3.1) Programme for England (RDPE) initiatives to boost the rural economy.
• Continue to educate users about countryside issues and the • 100% of walk guides contain 5.2 Countryside Code Partnerships with Countryside Code information Ongoing work to • Promote and protect countryside, Archaeology • Continuing progress to identify identify access Through rights of way work, derive heritage, historic landscapes and Yes Service and land SSSIs and SAMs that require issues related to environmental and biodiversity biodiversity interests managers is improved access historical assets benefits. • Support and promote guidance required
for land managers
• Host and deliver the countywide • Deliver annual increases in Long term Simply Walk project Additional 5.3 participation in line with Local provision of • Promote the seasonal Annual reporting of partners are Area Agreements Simply Walk programmes of led Health Walks Simply Walk targets required to Through rights of way work, deliver • Annually deliver new health requires • Deliver new led Health Walks in through Steering secure Simply health benefits for users and walks in targeted areas increased partner key areas Group walks over the residents. • Widen Simply Walk to all 19 contributions or • Secure long term funding for the long term GC2C local communities other funding Simply Walk project
58 Buckinghamshire County Council ROWIP 2008-2018
THEME 6: RIGHTS OF WAY FOR EVERYONE
Delivering Access for All Buckinghamshire County Council aims to deliver access for everyone. This means targeting improvements to specific routes so they are easier to use, removing barriers and obstacles to provide the least restrictive access standards and providing improved information.
The Council will continue to develop close working relationships with “Access for All” user groups and partners and adhere to advice provided by national bodies to adapt and improve the rights of way network in line with specific user needs and requirements.
The Council, alongside the Local Access Forum, will offer advice and encouragement to landowners and land managers about making such improvements, as well as a wide range of user groups who seek a more accessible network
Why look at easier access? Legislation on improvement planning requires that each local authority assess its rights of way network in terms of “accessibility to blind or partially sighted persons and others with mobility problems” 51 .
Whilst this is a relatively new obligation for local authorities, Buckinghamshire County Council has already delivered significant improvements to access within the county over recent years through a variety of means, including the removal of stiles and other barriers
It is estimated that 8.6 million people, 1 in every 7, are registered as disabled nationwide 52 , a figure that does not include those that suffer with other mobility limitations such as arthritis. The role of this plan is to recognise that a significant proportion of the Buckinghamshire population (approx 70,000 people) potentially fits into the category of ‘registered disabled’ with many more people that will have problems negotiating barriers in the countryside due to other ailments or age-related concerns.
From the Council’s Access for All consultation exercise, the users identified the following mobility limitations:
• Difficulty walking up and down stairs (43%) 53 , • Difficulties walking 100m over flat ground (28%), • Becoming tired or breathless while walking (32%), • Unable to walk at all (33%).
With such personal barriers, it is encouraging to note that 80% of the consultation respondents declared themselves as regular or occasional visitors to the current rights of way network. Working to deliver access
51 Section 60(2) of the CROW Act 2000 52 Disabled Living Foundation, Disability Awareness fact sheet, www.dlf.org.uk 53 Figures represent data from the RoWIP mobility consultation in 2007
59 Buckinghamshire County Council ROWIP 2008-2018 improvements to the wider countryside will encourage this trend further. The Council plans further work in this area to continually improve its knowledge of the needs of impaired users and how the network can be adapted for them
Delivering “Access for All” Improvements
Removing Barriers It is recognised nationwide that delivering access for all is a top priority within countryside access. Users with mobility concerns identified the conditions that they considered to be the primary barriers to accessing the rights of way network. Specifically for Buckinghamshire it is felt that the Council could improve access by targeting resources, in specific areas, to the following concerns identified by users:
• Overgrown vegetation (55%), • Uneven surfaces (51%), • Mud (49%), • Stiles (40%).
Currently the Buckinghamshire network has 6784 stiles, 193 sets of steps and 4591 gates 54 that are accessible to differing degrees. The Council monitors the number of existing structures considered “easy to use” to ensure that the majority are as accessible as possible 55 . On this basis, in 2007, 92% of structures were considered to be “easy to use” 56 , compared with 89% in 2000. 57 This information is, however, based on access for the able bodied and has not been audited against to any accessibility criteria.
Despite this good progress, annual programmes for rights of way work seeks to deliver as many structural improvements as possible. Over the life of this plan, the Council will remove structures where no longer required and provide improved structures where this can be agreed with landowners.
The County Council adheres, as far as possible, to the British Standard for ‘Gaps, Gates and Stiles’ 58 adopting the principle of the ‘least restrictive option’ when implementing access improvements. Consideration clearly has to be given to farmers with livestock and, whilst it is recognised that many stiles on public rights of way are legally authorised restrictions, the Council will still look to provide alternative access arrangements where appropriate in consultation with the land managers concerned.
The Council is under a duty to have regard to the needs of persons with mobility problems 59 when authorising any structural repair or replacement and will continue to seek the complete removal of stiles and other barriers to access wherever appropriate. It is accepted that this approach needs to be
54 Accurate to December 2007 55 Structures are assessed as easy to use based on BVPI 178 criteria 56 BCC monitoring data, March 2007. “Percentage of structures on rights of way ‘easy to use’ according to BVPI 178 criteria” 57 Countryside Agency, Rights of Way Condition Survey 2000, p68 58 British Standard BS5709:2006 59 CROW Act section 69, amended HA Act 1980 s147Z
60 Buckinghamshire County Council ROWIP 2008-2018 balanced and proportionate, as many stiles on paths will remain as characteristics of a countryside walk.
Improving Signage Roadside signage is not always sufficient to enable users to find paths in their area. The Council recognises that people will, in many cases, use rights of way from urban centres as links between towns, villages etc and as ‘gateways’ to the countryside. On key routes within the urban fringes, to deliver appropriate accessibility benefits, the Council aims to implement signage improvements, where information relating to destinations and distances can be established. These small amendments can considerably improve the accessibility of routes, allowing better access to key services and leisure opportunities.
Providing Additional Facilities From the consultation data gathered, users highlighted the need for other facilities that are not part of the traditional countryside network of routes that could ease access in particular cases. Such facilities would make accessing the network and countryside easier and more enjoyable but do not form part of the main remit of the Council’s service.
Such facilities include car parking (64%), toilets (59%) and others such as cafes and tarmac surfaces. Where the potential exists to link countryside access routes to wider facilities, the Council will seek to deliver either appropriate facilities with partners or inform people about locations and access to other service providers such as local pubs or shops. This will facilitate the Council in delivering a multipurpose network of routes with facilities and services for a wide range of user needs as well as improved information on particular routes.
The consultation also revealed that rights of way are popular where obvious car parking arrangements are on offer. Similarly, routes that are well connected by the bus or rail networks are well visited. The Council aims to deliver, through other initiatives of the Local Transport Plan, route guides that provide improved information on passenger travel arrangements and other facilities provided by external suppliers.
It is envisaged that delivering routes that are accessible by bus and train, with additional facilities such as shops, toilets, cafes and accommodation nearby, the network will become more attractive and accessible to a wider section of the community and other visitors, and can assist to break down barriers of social and economic inequality.
61 Buckinghamshire County Council ROWIP 2008-2018
In summary
You said… 1) Barriers that make the network harder to use were a major reason for avoiding the use of rights of way. 2) Delivering access for all opportunities was important to create a network accessible for everyone. 3) Improving information to include access issues would allow people to easier access the network. 4) The provision of wider facilities would enable more people to access the countryside network. 5) The network would benefit from clearer, consistent signage on all routes.
Buckinghamshire County Council will… 1) Continue to develop its understanding of access needs within local communities and particular user groups through further survey work. 2) Deliver access improvements on an annual basis through the delivery of its strategic access programme, with particular focus on structures, signage and surface condition. 3) Annually remove structures that are barriers to access, including stiles, with community involvement. 4) Give priority to the removal of overgrown vegetation and improvement of poor surfaces where access is directly affected. 5) Deliver route guides with improved information on passenger transport options and the availability of key facilities.
62 Buckinghamshire County Council ROWIP 2008-2018
Objective Action Outcome / Output When? Resources
Are new Is the Action partnerships What is our achievable with required to What is our aim? How will we do this? What we will monitor. existing funds deadline? deliver the and resources? action?
• Annually deliver Access for All 6.1 improvement schemes; replacing Annual monitoring of Partnerships with structures, improving surfaces structures removed specific user Specific access Improve the use and enjoyment of and signage • The annual number of structures or improved groups and for all funding will the rights of way network • Support the work of the Chiltern removed or improved Access for all be required Society and Chilterns’ Continual support of bodies is (Linked to 2.6) Conservation Board CS and CCB required
• Continue to develop needs assessments for key user groups • Implement further consultation 6.2 including the mobility and visually surveys with specific user groups Stile free routes impaired Ongoing needs • Deliver at least 1 stile free route will require Deliver a better integrated and • Widen the availability of “access assessment work To be delivered per district by 2011 and in every partner input and more accessible rights of way for all” routes to each of the 19 through GC2C local community area by 2018 continued network local communities Access for all routes assessment data • Annual improvement of volunteer • Support stile free walking in the in place by 2018 structures with volunteer contribution (Linked to 3.2) Chilterns AONB and deliver assistance improved access with key partners
6.3 • Deliver wider information on the
nature of routes, specifically Tourism partners Improve public rights of way and • Deliver a leaflet / guide to cover access issues, through the BCC Access for all route To be delivered will be used to access information and the DMS “access for all” provision across internet site guides in place by within existing promote Access Buckinghamshire, in partnership, • Link rights of way routes with 3 rd 2010 resources for all in (Linked to 1.3) by 2010 party access provision suitable Buckinghamshire
for mobility impaired user groups
63 Buckinghamshire County Council RoWIP 2008-2018
THEME 7: DELIVERING THE CORPORATE AGENDA The RoWIP is a strategic document set within a framework of 2 major strategies the Buckinghamshire County Council Corporate Plan and the Local Transport Plan. These documents will shape the way that future rights of way improvement, maintenance and management are delivered.
The Corporate Plan The Corporate Plan makes a commitment to deliver excellence in public service for the people of Buckinghamshire and is changing the way services are provided. Increasingly, Council services will be driven by the needs of local communities and deliver value for money. Strongly reflecting the Council’s duty to protect and enhance rights of way, the Corporate Plan embraces the ‘Getting Closer to Communities’ (GC2C) programme of delivery through which the RoWIP will be implemented.
Working locally to deliver differing local needs, the Local Transport Plan stresses the need for footpaths and bridleways to become part of a multi- purpose network of routes fulfilling the aims of the Accessibility agenda by linking communities together. It is the Council’s ultimate aim to deliver a network that plays this vital role in all 19 local community areas.
The management of public rights of way is already a localised service and has aligned itself on a corporate level to give a very local perspective to rights of way work. To empower local communities, the Community Strategy will encourage the management of the network in direct partnership and with greater engagement of local users, residents and parish and district councils.
Developing Culture through Access As stewards to the County’s history, heritage and environmental assets, the Council needs to play a leading role in the development of culture. The Council’s Cultural Strategy sets out the 5 key themes required to improve, strengthen and promote the need for enhanced culture in everyone’s way of life.
The 5 key themes focus on Buckinghamshire’s Heritage, Landscape, Health and Well-Being, Arts and Learning and Sport and Recreation. The rights of way network is already a major contributor to the success of the County’s cultural diversity and through the improvement of access that links people to the great outdoors, the network supports the action plans of the 5 themes.
Furthermore, supporting community based cultural activity is a key element of the strategy. This is already in action through various elements of rights of way work delivered in partnership with local communities, with the involvement of parish councils, volunteer work effort and key partners.
Getting Closer to Communities (GC2C) Local government in Buckinghamshire is undergoing significant change as a result of broader policies and wider agendas. Combined with the Pathfinder approach with all district councils, GC2C will lead to the three tiers of local government in the county working ever closer as partners in service delivery.
64 Buckinghamshire County Council RoWIP 2008-2018
Other major influences, notably the planned increase in housing and population growth in the county will challenge service providers to meet the needs of an increasing population and our aim will be to achieve this with the continual development of wider partnership arrangements. These partnerships continue to evolve both within the public and private sectors, nationally and locally.
The Council’s GC2C programme focuses entirely on the public as the customer, highlighting 15 objectives for the Council to achieve excellence in locally based service delivery. The full GC2C document can be accessed the County Council’s website 60
The management of the rights of way network will be heavily influenced by the GC2C initiative. The RoWIP will be delivered through a local framework in line with the GC2C ethos. Information on customer needs will become more readily available through central needs assessments within each of the 19 Local Community Areas across the County, which will enable the Council to tailor its approach to each area.
The Local Transport Plan 2006-2011. The County Council’s Second Local Transport Plan, published in 2006, identifies the Council’s 5 Transport priorities of Accessibility, Tackling Congestion, Environment, Road Safety and Maintenance . The Rights of Way improvement Plan forms an integral part of the Local Transport Plan and is a main source of funding for strategic rights of way improvements. The full document can be accessed at the County Council’s website 61
Accessibility Buckinghamshire County Council is committed to improving access to jobs and key services by addressing the symptoms and causes of social exclusion. 62 Buckinghamshire has high levels of car use and car dependency and traditional alternatives (bus, car sharing etc) are only part of the solution to resolving these access issues.
The rights of way network is a key asset to enhancing accessibility, with the potential in many cases to allow all types of users to access key services and centres countywide, at no cost and with positive effects on health and social inclusion.
The Council has closely linked rights of way to the delivery of the accessibility agenda. Over the course of the next 4 years, accessibility workshops will be held across the County to debate which links are needed to access the four key services of education, health, leisure and employment. These consultation workshops will help to prioritise rights of way work with local community involvement.
60 www.buckscc.gov.uk 61 www.buckscc.gov.uk 62 LTP2, Accessibility p3
65 Buckinghamshire County Council RoWIP 2008-2018
Tackling Congestion The Local Transport Plan identifies the current causes of congestion and specifies areas within the County that suffer from peak time congestion. There are many hotspot locations 63 identified within the LTP that centre on the main urban areas.
The Council has targeted widening travel choices (improving access to transport alternatives to help reduce congestion) with schemes such as car sharing, new bus services and workplace travel plans to generate fewer vehicles on the roads. The rights of way network, fully integrated with the overall highway network, can assist efforts to reduce congestion allowing people to cycle and walk in safety and without adverse effect on the environment.
Road Safety Considerable effort has been targeted towards tackling the adverse effects of traffic through the previous Local Transport Plan to reduce the number of casualties on Buckinghamshire’s roads. This has been achieved with great success, but more can be done to ensure that enhanced safety is built into all work delivered by the highway authority.
The RoWIP consultation process has identified that busy roads are considered to be reasons for avoiding rights of way. They act as a barrier to access and raise concerns about safety. From this, the Council has highlighted locations on the road and rights of way networks where danger is perceived to exist.
In reality, there are very few incidents involving rights of way users on the network. However evidence suggests that the perception of certain crossing points does deter people from using certain paths completely. The Council will continue to investigate where junctions, crossing points and on-road routes with traffic related safety issues are a cause of concern and where traffic affects the confidence of potential users. Where identified, such concerns will be a priority to be resolved.
Maintenance Effective maintenance and infrastructure management is essential to deliver the aims of the Local Transport Plan. Buckinghamshire has developed a Maintenance Strategy intended to improve highway networks from a customer led perspective and this has been incorporated within the Transport Plan.
To deliver a more cost effective maintenance management system the Council will seek to improve its asset management systems including a comprehensive register and GIS mapping facility. Together these systems will aim to deliver maintenance at reduced cost, through more effective targeting and prioritisation and, ultimately, the improved condition of public rights of way.
63 Local Transport Plan, Congestion p17
66 Buckinghamshire County Council RoWIP 2008-2018
This will primarily be achieved through the integration of rights of way asset management information within the overall Transport Asset Management Plan (TAMP) This aims to deliver one system of identifying, reporting, prioritising and actioning maintenance works and will improve the Council’s ability to respond to customer demands as well as moving the maintenance of rights of way towards a more proactive status.
Improving the Environment The Green Infrastructure Strategy in combination with the Rights of Way Improvement Plan will be two of the main drivers behind improving the quality of the Buckinghamshire environment for the future. In addition to the LTP aims for improving air quality, the various strategies provide an environmental context for rights of way work through integrating public access with natural and historical features and considerations.
Therefore the Council will work with partners to consider the habitats and species defined in the Local Biodiversity Action Plan and ensure that rights of way improvements and maintenance works do not adversely affect the environment and where possible actively enhance it.
This process will be aided in future by the development of the Buckinghamshire Environmental Character System which will research and map environmental factors around the County in depth. Using this data will enable all services to recognise the specific environmental issues in a given area and plan for its preservation or enhancement through scheme delivery.
Delivering Cohesion & Equality The County Council places local communities at the heart of service provision, delivering more for individuals and communities alike. To improve the quality of life for all residents, therefore, it is essential that the Council provides strong leadership on community cohesion and equality.
The Council’s Cohesion and Equality Strategy is linked to the GC2C programme, promoting local area partnerships with a focus on the needs of local residents and personalised services. The community and corporate plans and their visions for success remain the main drivers behind the strategy.
Through the delivery of Local Area Agreements (LAA) and the implementation of Local Area Action Plans, the public rights of way network will play an influential part in the delivery of safer, stronger and more cohesive communities. More specifically this will be delivered by providing opportunities for communities to engage with the Council on rights of way work and issues, and participate in its development.
Many such opportunities already exist. Parishes and user groups provide the opportunity for people to have their say and input into rights of way developments and schemes such as Simply Walk provide volunteering opportunities helping to directly deliver the aims of the LAA and the LTP.
67 Buckinghamshire County Council RoWIP 2008-2018
In terms of ethnicity, research shows that rights of way users are not a wide mix of races and that more can be done to market the network towards alternative user groups and those not familiar with using the countryside. This will be researched further in the coming years.
Safe, sustainable and cohesive communities The Buckinghamshire Sustainable Communities Strategy and the Council’s Cultural Strategy both seek to deliver improvements to the quality of life in the county through the involvement of local people in the development of their local area.
The RoWIP also seeks to deliver improvements to quality of life issues through the development of the network and the delivery of a local framework. By improving the network and providing a more integrated system of paths and ways, the use and enjoyment of the network will increase. The RoWIP consultation data highlighted that rights of way have a huge impact on public enjoyment and quality of life with a large majority of those responding confirming that accessing the open air gives them pleasure, allows them to relax and de-stress and in some cases is a source of inspiration.
The Council will aim to further develop ‘quality of life’ through local community interaction. By involving local people in the processes of improving rights of way, through Local Access Forum participation, volunteering opportunities and parish council interaction, local communities can become empowered to improve their own area as they see fit.
In summary You said… 1) Busy roads and road safety fears are a major reason for avoiding the use of certain rights of way. 2) You use rights of way to access the shops, work, transport hubs and local attractions. 3) The high quality standard of rights of way should be maintained. 4) Rights of way have a highly positive impact on your quality of life.
Buckinghamshire County Council will… 1) Continue to deliver the aims and outcomes of the Corporate, Community and Transport agendas. 2) Ensure that locations on rights of way with road safety concerns are given the highest priority to be resolved. 3) Ensure that rights of way continue to deliver the accessibility agenda through improvement and maintenance works. 4) Continue to maintain the network in the most effective and efficient way and deliver value for money. 5) Always consider the following in the delivery of rights of way: • Diversity and cohesion • Biodiversity and the environment • Access to key services • Improving Road safety • Quality of Life
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Objective Action Outcome / Output When? Resources
Is the Action What is our achievable Are new partnerships What is our aim? How will we do this? What we will monitor. with existing required to deliver the deadline? funds and action? resources?
7.1 Contribute and support the delivery • Bid for and receive annual LTP of the 5 LTP aims: Deliver ongoing funds for rights of way schemes Deliver a better integrated and • accessibility planning partnership work. No Further funding • Contribute towards Accessibility more accessible rights of way • tackling congestion (LTP funding partners will be indicators network • improving road safety Continually seek key required) sought • Annual reporting of RoWIP • improving the environment partners outcomes through LTP APR (Linked to 1.3) • effective maintenance
• Support the aims of the Sustainable Communities • Develop a list of local area 7.2 Strategy and GC2C strategy priorities within all 19 local areas Delivery of Finalise local The support of local • Deliver a local framework by 2011 schemes will Support safe, strong and cohesive community priorities communities and approach to rights of way work • Continued support and advice be supported communities for rights of way parishes will be • Support rights of way schemes from the Local Access Forum by existing work by 2011 required highlighted within parish plans • funds (Linked to 2.4) Maintain high customer • Seek to resolve road safety satisfaction concerns affecting rights of way.
7.4
• Support the delivery of the Provide an efficient, value for • Monitor the level of “added Continued volunteer Corporate Plan aims money service, supported by high value” gained on an annual basis Annual assessment and partnership • Deliver added value to rights of Yes customer satisfaction through partnership of value for money support will be way work through partnership arrangements. required arrangements (Linked to 2.3)
69 Buckinghamshire County Council RoWIP 2008-2018,
THEME 8: WORKING IN PARTNERSHIP Buckinghamshire County Council firmly believes that the future of the rights of way network should be heavily influenced by those who use it and hold it in high regard.
Working closely with partners is vital to the Council’s vision of engaged and cohesive communities, taking an active role in the delivery of Council services and participating in improving the area in which they live and work. Buckinghamshire County Council already works with an extensive list of partners in a variety of ways.
Key Partners It is clear that many interested parties consider the Buckinghamshire countryside and access to it a high priority. The Council alone cannot deliver wide scale investment in the network and will continue to work with external bodies to deliver a more effective service, capable of achieving wider initiatives. Some of our key partners are identified here.
The Ramblers’ Association The Ramblers Association 64 is Britain's biggest walking charity, working to promote and improve walking conditions nationwide. With 143,000 members in England, Scotland and Wales, it has been working for the interests of walkers for 70 years. The Association’s vast network of volunteers and staff help and support all who walk, of all ages and abilities and assist the Council through participation on the Local Access Forum and with information and guidance on the needs and use of the County’s path network from a walking perspective. With the County Council, it seeks to safeguard Buckinghamshire’s network of public paths, ensuring that they remain free from obstruction and work very closely with the Council through its network of volunteers to assist with maintenance and monitoring work.
The British Horse Society It is estimated that there are approximately 1.2m horses in the UK, the keeping of which contributes approximately £4billion annually into the economy, supporting some 60,000 jobs nationwide. Equestrianism is the second largest rural industry behind farming in Buckinghamshire and the British Horse Society 65 has a membership of 60,000 recreational riders.
The society is highly visible in Buckinghamshire and the Council has long worked with its members on rights of way matters, notably the development of the bridleway network to provide much greater off road access to the countryside for horse riders. Our combined success was recognised in the 2006 National Award from the British Horse Society for the country’s ‘Most Active Council in opening up Horse Riding Routes.’
The continued work of the Society through the Local Access Forum to resolve the fragmentation of the horse riding network represents one of the more
64 www.ramblers.org.uk 65 www.bhs.org.uk
70 Buckinghamshire County Council RoWIP 2008-2018, significant challenges, but one that can benefit much wider access not just for horse riders but also for walkers and cyclists.
The Chiltern Society The Chiltern Society 66 works tirelessly to maintain the character of the Chilterns Area of Outstanding Natural Beauty, half of which is within Buckinghamshire. Working closely within the Local Access Forum and alongside The Chilterns’ Conservation Board, it works to raise awareness and understanding of the Chiltern’s countryside, its character and history, its natural environment and beauty. Through a range of partnerships, it seeks to conserve, develop and improve the Chiltern’s amenities, preserve its features of historic interest and, importantly, to ensure the Chilterns remains an area of tranquillity to be enjoyed by all.
The Chiltern Society is a key partner of the County Council through the Local Access Forum. It has many highly valued volunteers who give up their time to carry out significant maintenance and improvement works to the rights of way network across the Chilterns.
The Chilterns’ Conservation Board (CCB) 67 Designated an Area of Outstanding Natural Beauty (AONB) in 1965, the Chiltern Hills are one of the finest assets in Buckinghamshire. A highly popular attraction of 833 square kilometres, it is visited by approximately 52 million people a year 68 . Half of the AONB sits in Buckinghamshire, where the landscape provides opportunities to visit chalk hills, beech woodlands and abundant wildlife.
The Conservation Board is primarily responsible for the conservation of the natural beauty of the landscape, its management and meeting the demands for recreational access opportunities within The Chilterns. Buckinghamshire County Council works very closely in partnership with the CCB and adjacent local authorities delivering a wide range of access projects that bring environmental, social and economic benefits to the Chilterns.
SUSTRANS Sustrans 69 is the UK charity responsible for the development of a National Cycling Network (NCN) and is leading the way in the development of sustainable transport initiatives. The NCN is a valuable asset that caters for over 230 million journeys each year, 50 miles of which is in Buckinghamshire.
Buckinghamshire County Council aims to deliver annual improvements to the cycling networks through changes to or enhancements of the rights of way network in key areas. Sustrans and the Council, in partnership with others, will therefore continue to work together to negotiate land issues, raise funds for improvement projects and deliver a wider network of safe cycling routes.
66 www.chilternsociety.org.uk 67 www.chilternsaonb.org 68 Chilterns AONB Management Plan 69 www.sustrans.co.uk
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Forestry Commission The Forestry Commission 70 is the Government body responsible for the expansion and protection of Britain’s forestry and woodland, delivering projects to enable and encourage their use. With other responsibilities for sustainable conservation, research, timber production as well as leisure and recreation, the aims of the Commission essentially complement the aims of this plan.
The Council already works with the Commission, through various partnership arrangements to develop the greater access and enjoyment of woodland areas, and the Commission is instrumental in the improved provision of Green Infrastructure in the county. Nationally, 50% of the population has access to a large woodland area within 4kms and Buckinghamshire is below this standard.
Buckinghamshire Community Action (BCA) BCA 71 is responsible for supporting communities, parishes and market towns in the development of local economic and social frameworks. Its primary responsibility is to promote the development of a local vision and the creation of achievable local action plans. These plans provide a significant opportunity to progress specific rights of way improvements with input from local people.
The Council has been involved with external funding partners and town and parish councils to realise a number of schemes to improve the local access networks and develop local economies through tourism. In 2007, projects including the Buckingham Riverside Walk, Chesham walks and the Princes Risborough walks improvements have indicated how successful local partnering arrangements can be to deliver major walking schemes that derive considerable benefit for local communities and economies.
National Trails There are two National Trails in Buckinghamshire – The Ridgeway and The Thames Path. 72 As National Trails these are considered to be of national (and international) significance and are hugely popular to visitors and residents alike. The most recent data suggests an estimated 12m visitors use the Trails nationally each year 73 and they are an essential element of access provision in Buckinghamshire.
The Council already has a long-standing partnership for the management of National Trails and is part of the Management Group to ensure that The Ridgeway and Thames Path are exemplars of countryside access. The Council contributes funds each year towards the annual programme of improvement and maintenance works on these routes and monitors their use. Since 2006 the Management Group has spent around £600,000 on the Trails’ maintenance and promotion, supported by Natural England, the County Council and associated partners.
70 www.forestry.gov.uk 71 http://www.bucks-comm-action.org.uk 72 www.nationaltrail.co.uk 73 2004/5 National Trails survey data
72 Buckinghamshire County Council RoWIP 2008-2018,
British Waterways Regional partnerships are essential to the continued provision of access across Buckinghamshire’s boundaries. Established by British Waterways 74 and the local authorities of Hertfordshire, Bedfordshire and Buckinghamshire, the 3 Counties Canal partnership aims to deliver improvements to the towpath and canal networks. These access corridors remain well used by walkers, as well as cyclists – who often have permissive rights – as well as other leisure pursuits, including angling.
The partnership aims to identify the needs of the canal network and deliver projects to increase visitor numbers by 100% on canals by 2012. The partnership will realise this through continued promotion of the current provision as well as planned improvement works on towpath surfaces.
Neighbouring Highway Authorities The Council’s network of rights of way cannot be considered in isolation. Not only does the network cross the borders into the neighbouring authorities at a range of locations, the authorities already work together to manage the networks on a regional level.
Partnership working arrangements already exist in areas such as Regional Local Access Forum development, specific cross border forums such as the National Trails Management Group, Ashridge Management Group, The Rural Access Group for the Chilterns AONB and through the work of Sustrans and Tourism South East.
Following receipt of consultation data specifically related to fragmentation issues, the Council will look to establish new partnership elements with neighbouring authorities to look at specific cross border issues. Some routes experience changes of status, dead ends, and access issues because of structures or surfacing that require both authorities to work together to resolve the legalities and practical issues that exist.
District Councils The onset of even closer working arrangements with the four district councils in Buckinghamshire through the Pathfinder initiative (the collaborative working arrangement between the County Council and the four district councils) will benefit the way rights of way improvements link to the work of district councils in the provision of open spaces, leisure facilities and housing developments. Therefore the Council, will seek to develop its Action Plan for wider access improvements through direct consultation with all district councils with consideration of their local strategies for cycling and walking.
Natural England Delivery of rights of way improvements is highly dependent on the support of Natural England 75 . Formerly three separate bodies – the Countryside Agency, English Nature and the Rural Development Service – the new combined body (Natural England) has the task of providing countryside advice to the
74 www.british-waterways.org 75 www.naturalengland.org
73 Buckinghamshire County Council RoWIP 2008-2018,
Government. It is required to fulfil the aims and objectives set by the Secretary of State and its Strategic Direction 76 outlines the 4 aims: to protect a healthy natural environment, enable greater enjoyment of it, deliver prolonged security and promote its sustainable use.
The Council will work closely with the new body and, wherever possible, seek to secure financial support to deliver key access improvements. Open Access Land, National Trail projects and assistance to the Local Access Forum is highly dependent on this continued support.
DEFRA The Department for Food and Rural Affairs (DEFRA) 77 is the Central Government Department that represents the interests of farmers, the countryside, the environment and the rural economy, whose core purpose is to improve the current and future quality of life. This aim is upheld by the Rights of Way Improvement Plan and within other Council strategies and is essential to securing the means to deliver improvements at a national level.
DEFRA’s 5 year strategy 78 outlines its method of delivering this vision and places responsibilities with local authorities to take account of rural affairs in greater detail, challenging them to recognise rural needs and support the development of rural communities. Rights of way work is deeply embedded in this approach delivering rural improvements through the network’s maintenance and improvement as well as Open Access schemes, Higher Level Stewardship arrangements with farmers, the development of market towns and close working with parish councils.
Parishes and Town Councils As mentioned earlier, working closer with communities necessitates improved partnership arrangements and working methods with parishes and town councils alike.
This is not new to rights of way management as there is a considerable history of close working with local councils and communities. Currently, over 50% of parish councils already work jointly with the County Council to maintain paths and implement schemes that benefit the local community. Such working arrangements will be widened through initiatives such as support of Parish Plans, Local Area Agreements and DEFRA’s “Quality Towns / Parishes” scheme.
Farmers and Land Managers Farmers and landowners already have a number of responsibilities in respect of public access on their land. In order for the network of public rights of way to function satisfactorily, it is essential that landowners undertake continued work. Where it is not, it is the County Council’s duty to ensure that owners comply with their responsibilities towards the management of rights of way through proper enforcement.
76 www.naturalengland.org.uk/about 77 www.defra.gov.uk 78 www.defra.gov.uk/corporate/5year-strategy
74 Buckinghamshire County Council RoWIP 2008-2018,
Buckinghamshire County Council is very supportive of its farming community and highly values the nature and character of the Buckinghamshire environment with its rich tradition in agriculture. It is increasingly the case that farmers and land managers are working jointly with service providers, such as the County Council, to encourage greater access on their land so that greater benefits of public use can be derived.
The majority of access improvements require agreement, co-operation and partnership with land managers, whether to improve surfaces, signposting or structures on paths. The Improvement Plan not only envisages the continuation of such work but the very nature of scrutinising route networks will make discussions and negotiations with land managers an essential part of any successful Improvement Plan.
Volunteers The Council currently delivers elements of its rights of way maintenance and improvement works in partnership with volunteer organisations. In 2006/7, 2246 volunteer hours were recorded, contributing significantly to the volume of work undertaken at reduced cost to the Council representing significant value for money. Much of this work is undertaken by The Chiltern Society members, referred to above, but includes contributions by other organisations – such as The Ramblers’ Association – as well as individual volunteer effort.
Wherever possible, the Council will do all it can to encourage volunteer groups to undertake suitable works to maintain and improve rights of way.
In summary You said… 1) Working with partners and a coordinated approach to the delivery improvements is essential. 2) You would like to know more about volunteering opportunities on the rights of way network. 3) Delivering access improvements in the Chilterns AONB would enable more people to enjoy the landscape and its beauty.
Buckinghamshire County Council will… 1) Continue to deliver schemes in partnership and support strategic plans delivered by partners. 2) Continue to support volunteering opportunities specifically within the Simply Walk programme and through partners such as the Chiltern Society and Ramblers Association. 3) Work with the CCB and Chiltern Society to deliver strategic improvements within the Chilterns AONB. 4) Continue to support close working with parish and town councils to deliver local community benefits. 5) Work with partners to bid for and secure additional funds that enable wider rights of way improvements to be implemented.
75 Buckinghamshire County Council RoWIP 2008-2018,
Objective Action Outcome / Output When? Resources
Are new Is the Action partnerships What is our achievable with required to What is our aim? How will we do this? What we will monitor. existing funds deadline? deliver the and resources? action?
• Support a strong partnership ethos within all elements of rights of way work 8.1 • Work within key established partnerships to: Provide an efficient, value for • Generate greater public use • Rights of way input into key Ongoing partnership New partnerships money service supported by high and enjoyment of the rights of partnership arrangements contribution, support Yes will be sought in customer satisfaction way and access networks. and delivery specific cases • Secure external funding (Linked to 2.3) opportunities • Contribute to and support partner strategies such as the Chilterns Management Plan
• Empower local communities • Continually measure the through partnership effectiveness of the Forum’s 8.2 arrangements and a local advisory duties. Quarterly LAF Continued local framework • Develop local community meetings community input Support safe strong and cohesive • Support the work of the Local priorities through the GC2C Yes and volunteer communities. Access Forum programme Annual monitoring of work will be • • volunteer Increase the opportunity for Monitor the number and value of essential (Linked to 2.4) volunteer working within rights of volunteer hours directly involved contributions way work in Rights of Way work
76 Buckinghamshire County Council RoWIP 2008-2018,
GLOSSARY
ANGST Accessible Natural Green Space Targets AVDC Aylesbury Vale District Council BCA Buckinghamshire Community Action BCC Buckinghamshire County Council BHS British Horse Society BS British Standard BVPI 178 Best Value Performance Indicator No. 178 CA 1968 Countryside Act 1968 CAONB Chilterns Area of Outstanding Natural Beauty CCB Chilterns Conservation Board CDC Chiltern District Council Common Land Land with rights of Common as described in the Commons Act 2006 CROW 2000 The Countryside and Rights of Way Act 2000 DMMO Definitive Map Modification Order DMS Definitive Map and Statement GI Green Infrastructure GIS Geographical Information System GDP Gross Domestic Product HA 1980 Highways Act 1980 HLF Heritage Lottery Fund LTP Local Transport Plan Modal Shift Describes the cultural change towards the use of another form of transport. NERC 2006 Natural Environment and Rural Communities Act 2006 Open Access Open Country where people have the right to roam as designated under the CROW Act 2000, section 1 P3 Parish Paths Partnership PCT Primary Care Trust PPO Public Path Order RDPE Rural Development Programme for England ROWIP Rights of Way Improvement Plan RTRA 1984 The Road Traffic Regulation Act SBDC South Buckinghamshire District Council SDF Sustainable Development Funds Structures Structural assets of the rights of way network including, gates, stiles, bridges and signs TAMP Transport Asset Management Plan TCPA 1990 Town and Country Planning Act 1990 WCA 1981 Wildlife and Countryside Act 1981 WDC Wycombe District Council WHO World Health Organisation
77 Buckinghamshire County Council RoWIP 2008-2018,
For more information on Rights of Way please write to:
Rights of Way and Access Group Buckinghamshire County Council County Hall, Aylesbury Buckinghamshire HP20 1UY
Email: [email protected]
Visit www.buckscc.gov.uk/rowip
© 6115 produced by Rights of Way, Buckinghamshire County Council. 01296 387122 [email protected]
78 Greatmoor Railway Sidings Transport and Works Act Order HS2/4/B Appendices: Ruth Jackson - Planning
Appendix 5:
Extracts from the Control of Pollution Act 1974 – section 61, 61 and interpretation