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Advice to Mr Chillistone

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Enquiry

From
Mr Chillistone
Date advice given
5 August 2016
Enquiry type
Email

In your correspondence you pose a series of questions in respect of the proposals to reopen the railway line between Bristol and Portishead. More specifically you ask why a Development Consent Order (DCO) is required to reopen the railway line, why the reopening of a suburban line in the Bristol area is deemed to be "Nationally Significant" and why the proposals are not simply a matter for the local authority/ies. You also ask how the specific requirements of the Planning Act 2008 apply to the specifics of this scheme and refer to the consistency in approach to this scheme and other Network Rail schemes.

Advice given

The Planning Act 2008 created a regime to examine and determine applications for Nationally Significant Infrastructure Projects (NSIP). Section 14 of that Act lists the types of development that may be considered to be NSIPs and the list includes the construction or alteration of a railway. Section 25 of that Act then goes on to state the specific set of criteria that define the “construction or alteration of a railway” under this Act; it includes for example reference to including a stretch of track that is a continuous length of more than 2km. Section 31 of the Planning Act states that development consent (or a DCO) is required for development that is of forms part of a NSIP. It would be a criminal offence to construct a scheme without a DCO that should be categorised as an NSIP under the Planning Act 2008.

Therefore, irrespective of landownership, funding or perceived scale or significance of a scheme, if a proposal satisfies the provisions of the Act and in particular s25, then it is an NSIP and therefore requires a DCO. The local authorities have informed us that they believe the proposal contains elements that are defined under the Planning Act and therefore the proposals would need to be determined under this regime.

There is information about the Planning Act process on our website. As a process it does cover a number of different types of development including airport-related development, energy generating infrastructure and railways. To that extent it could be considered a “one-size-fits-all” process. However, there is flexibility in the system particularly in respect of the Pre-Application stage; the MetroWest Portishead proposals are currently in the Pre-Application stage.

You raise questions about the appropriateness of the consenting regime i.e. the need for development consent to be granted through the Planning Act 2008 (PA2008) process. It is for developers to demonstrate to the Planning Inspectorate why any proposed development constitutes a nationally significant infrastructure project (NSIP), and to which development within the categories in ss14-30 of the PA2008 a scheme relates.

Until such time as an application is formally submitted to the Planning Inspectorate, a decision cannot be made about whether a proposed scheme includes development which includes an NSIP and for which development consent is required. At this stage of the process it is not for the Planning Inspectorate to take a view which might fetter the judgement of the Secretary of State at a later stage.

In the context of your detailed analysis, I acknowledge that the above advice might be of limited use to you. However, I would stress that at this stage of the process the Planning Inspectorate only has access to information that the developer has provided to us. Our understanding and interpretation of the scheme is based therefore on the same documentation that is available to you and the view of the developer.

So to attempt to seek resolution to the queries that you pose, might I in the first instance direct you to the Applicant’s ‘Scoping Report’, available on our website here: https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR040011/TR040011-000034-MetroWest%20Scoping%20Report%20with%20figures%20low%20res.pdf

This document at section 1.2 provides the Applicant’s interpretation of the need for development consent. In particular requisite works within the Avon Gorge Woodlands Special Area of Conservation are described at paragraph 1.2.14. Within this area Network Rail’s permitted development powers are restricted.

Beyond this advice and the information signposted within it, to seek any further clarification in respect of your query I would strongly advise you to contact the developer directly. For your convenience I include their contact details below.

Direct dial: 0117 9036868 Email: metrowest@westofengland.org