Representation by British Transport Police Authority (British Transport Police Authority)
- Date submitted
- 31 March 2021
- Submitted by
- Non-statutory organisations
Representations for British Transport Police Authority (BTPA) The London Resort DCO (BC080001) Our Ref. 9008076-901385/6571 The BTPA has belatedly learnt of the application for the London Resort DCO, by virtue of a Section 56 Notice dated 16/02/2021 (receipt of which was delayed). Weightmans were instructed by the BTPA on 30/03/2021 to make representations to the DCO. Under the Railways and Transport Safety Act 2003, the BTPA are responsible for providing an effective police force for the railways. It is both a prescribed statutory consultee and a party with interests in land under the Planning Act 2008 / Regulations. There has been an apparent failure to consult adequately or at all with the BTPA under Chapter 2, Part 5 of the Act. We are making internal enquiries but thus far there is no evidence of pre-application consultation. The BTPA provides vital policing operations via direct service agreements with rail operators. Under such an agreement and associated leases, the BTPA provides significant policing operations from Ebbsfleet International to HS1 Limited for infrastructure/railways within the area of the DCO. Ebbsfleet is a major commuter hub (including international passengers), with a car park accommodating 6000 cars. Numerous policing teams exceeding 30 officers/detectives operate from Ebbsfleet, which also enables improved responses to HS2 operations. It is essential to maintain a visible and adequate police presence at this location and to avoid disturbance to police facilities/operations. The DCO scheme for this nationally significant resort (a first) will impact policing operations and infrastructure at Ebbsfleet International; BTPA’s arrangements with HS1 Limited and ability to police in the DCO area. Passenger numbers and policing demands would intensify if the scheme is consented. Regrettably no pre-application opportunity was afforded to the BTPA to: - (i) evaluate the impacts of the DCO on BTPA’s policing operations and rail infrastructure; (ii) make any representations as to disturbance to infrastructure and operational policing; increased demands for infrastructure and policing capacity; risk of escalation of crime or incidents associated with the DCO scheme; (iii) to make constructive suggestions for mitigation of impacts – e.g. adjustments to the design/layout/phasing/security or any other element of the scheme; the form of the Order or mitigation through panning gain. If consented, unless carefully identified and mitigated including at design stages, the scheme may have potential adverse impacts on policing during construction and throughout its life leading to an increase in incidents (e.g. passenger safety and fatalities) and crime (e.g. violent crime or risk to more vulnerable users of rail services). Impacts on crime and perception of crime are material planning considerations, mitigation for which must begin at outline design stages. The BTPA have not had this opportunity. We note the DCO application has been accepted but strongly urge the applicant to engage with the BTPA as a prescribed consultee and a party with interests in land. We reserve our client’s position entirely as to further representations including at examination given that the pre-application process has apparently not been complied with vis a vis the BTPA.