Martin Woods Head of the TWA Orders Unit Department for Transport General Counsel's Office Zone 1/14-18 Great Minster House 33 Horseferry Road London SW1P 4DR Enquiries: 020 7944 2474 Email: [email protected] Eversheds LLP Web Site: www.gov.uk/dft/twa Solicitors and Parliamentary Agents One Wood Street Our ref: TWA/14/APP/02 LONDON Your ref: SLEVIND/292050-000007 EC2V 7WS 17 July 2014 Dear Sirs, TRANSPORT AND WORKS ACT 1992: APPLICATION FOR THE PROPOSED NETWORK RAIL (HUYTON) ORDER 1. I am directed by the Secretary of State for Transport to say that consideration has been given to the application made on 18 February 2014 by your client, Network Rail Infrastructure Limited (“Network Rail”), for: (a) the Network Rail (Huyton) Order ("the Order"), to be made under sections 1 and 5 of the Transport and Works Act 1992 ("TWA"); and (b) a direction as to deemed planning permission for the development provided for in the Order, to be given under section 90(2A) of the Town and Country Planning Act 1990 (“the planning direction”). 2. The Order and planning direction would authorise Network Rail to construct and operate a new 230 metre section of railway and associated works at Huyton, east of Liverpool, on the Chat Moss Line railway (“the scheme”). The Order would also authorise the compulsory acquisition of land and rights in land, the use of temporary working sites and access, and the use of streets for the purposes of the scheme. Summary of the Secretary of State’s decision 3. For the reasons given in this letter, the Secretary of State has decided to make the Order, with modifications, and to give the planning direction, subject to the conditions set out in Annex 1 to this letter. The application 4. In making this application, Network Rail has complied with the publicity requirements of the Transport and Works (Applications and Objections Procedure) (England and Wales) 1 Rules 2006 (“the 2006 Rules”). This included serving copies of the application and the accompanying documents on the persons specified in those Rules and making the documents available for public inspection. As also required by those Rules, Network Rail published notices giving information about the application and how to make representations. 5. On 6 January 2014 the Secretary of State notified Network Rail under rule 7(13) of the 2006 Rules of his screening decision that an environmental impact assessment of the scheme was not required. However, Network Rail submitted with the Order application an Environmental Report providing an overview of the proposed mitigation for each environmental discipline, as set out in its request for a screening decision, and a description of the mechanisms and processes in place to secure the provision of that mitigation. 6. The Secretary of State received three objections, one representation (from Knowsley Metropolitan Borough Council (“the Council”)) and one letter of support. Following negotiations with Network Rail, the three objections were withdrawn and one of the former objectors, Merseytravel, said that they now supported the scheme. Similarly, as a result of negotiations, Network Rail and the Council agreed on 11 June 2014 to a revised set of conditions to be attached to the planning direction (see paragraph 12 below). The application is, accordingly, now unopposed. Purposes of the scheme 7. Network Rail explained in the statement of aims submitted with the application that, in conjunction with other works on Network Rail’s operational land, the scheme would increase the number of tracks from two to four in the Huyton and Roby station areas. These works would provide capacity for the operation of additional fast trains between Manchester and Liverpool without impacting on local stopping services and existing freight paths. They would also facilitate an improvement in reliability. The works form part of Network Rail’s “Northern Hub” programme of rail improvements which is designed to cater for forecast growth in rail use in the North of England, and to improve the region’s economic performance and connectivity. Secretary of State’s consideration 8. The Secretary of State has considered the information contained in Network Rail’s application and the responses to it. He is satisfied, firstly, that the scheme and the associated works in the Huyton and Roby station areas would bring significant benefits in terms of improved capacity, reliability and journey times between Liverpool and Manchester, increased revenue, and reductions in crowding on trains and road traffic. He recognises that the scheme will contribute to the overall benefits of the wider Northern Hub programme which is part of the Government’s National Infrastructure Plan and longer-term plans to rebalance the economy and boost growth across the country. He notes in this respect that the Northern Hub is estimated as having the potential to bring £4 billion worth of wider economic benefit to the region and between 20,000 and 30,000 jobs. 9. The Secretary of State is satisfied that the works comprised in the scheme are necessary to enable additional fast services on the Liverpool to Manchester route to overtake the slower existing services. He accepts also that, while the associated works in the vicinity of the scheme can be carried out within Network Rail’s operational land using 2 its existing powers and permitted development rights, the Order is necessary to enable Network Rail to carry out works beyond its current operational boundary. 10. With regard to the impacts of the scheme, the Secretary of State remains of the view given in his screening decision that it would not generate significant adverse environmental effects. He is satisfied further that the measures to manage the residual environmental risk described in Network Rail’s Environmental Report are adequate. 11. The Secretary of State considers that, weighing the need for and benefits of the scheme referred to in paragraphs 8 and 9 above against its limited adverse impacts, there is a compelling case in the public interest for giving Network Rail the compulsory acquisition powers applied for in the Order. He is satisfied that the land and rights sought by Network Rail are required for the satisfactory implementation of the scheme and notes that none of those who have interests in the affected land have maintained an objection. He notes also that the scheme is fully funded within Network Rail’s Control Period 5 2014 to 2019 (with some works funded in the earlier Control Period 4) and that there is unlikely to be any financial impediment to implementing the scheme. The Secretary of State is therefore satisfied that the tests in ODPM Circular 06/2004 for giving compulsory acquisition powers have been met. 12. In relation to the planning direction, the Secretary of State considers that the scheme is consistent with the aims of the National Planning Policy Framework1 (“NPPF”) as regards promoting sustainable transport. He is satisfied also that the revised conditions agreed between Network Rail and the Council meet the tests in paragraph 206 of the NPPF. He has, however, made a few drafting changes in the interests of clarity which do not alter the effect of the conditions. With regard to the exclusion of the “preliminary works” from the requirement for the Council’s prior approval of the landscaping scheme, the Construction Environment Management Plan and the tree mitigation plan, he is satisfied that in the particular circumstances of the scheme and its limited environmental impacts this provision is acceptable. The conditions the Secretary of State intends to attach to the planning direction, when given, are set out at Annex 1. Overall conclusions and decision 13. The Secretary of State is satisfied that the substantial benefits of the scheme in terms of public transport improvements and its contribution to economic development would clearly outweigh the limited adverse impacts of the scheme with the proposed mitigation in place. Taking into account all other matters referred to in this letter, he is satisfied that there is a compelling case in the public interest for authorising the scheme. He has therefore decided to make the Order with modifications, and to give the planning direction subject to the conditions set out in Annex 1 to this letter. 14. The Secretary of State has decided to make some minor drafting modifications to the Order, which do not materially alter its effect. He is satisfied that none of the changes to the Order since application would substantially change the proposals such as would require notification to affected persons under section 13(4) of the TWA. 1 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf 3 15. The letter conveying the planning direction will issue shortly, at the same time as the Order is made, following the publication of a notice of determination in the London Gazette. Notice under section 14 of the TWA 16. This letter constitutes the Secretary of State’s notice of his determination to make the Order with modifications, for the purposes of section 14(1)(a) and section 14(2) of the TWA. Your clients are required to publish newspaper notices of the determination in accordance with section 14(4) of the TWA. Challenges to decision 17. The circumstances in which the Secretary of State’s decision may be challenged are set out in the note attached at Annex 2 to this letter. Distribution 18. Copies of this letter are being sent to all those who made representations in response to the application. Yours faithfully, Martin Woods 4 ANNEX 1 CONDITIONS WHICH THE SECRETARY OF STATE INTENDS TO ATTACH TO THE DEEMED PLANNING PERMISSION Interpretation In the following conditions:- “the Applications Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.