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Advice to Steve Haberfield

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Enquiry

From
Steve Haberfield
Date advice given
6 June 2014
Enquiry type
Email

As a resident of Castle Donington, I write to you regarding The East Midlands Gateway, after reading the developers online documents. However in these documents I see no mention of the Loading Gauge for the rail side of the operation.

Now as a Government Department, I am sure you are aware what the loading gauge is. However if not here is a brief explanation. The loading gauge denotes the clearances above and to the sides of the railway track and thus determines the size (height and width) of railway vehicle that can safely use the line. It is a key factor in the context of this proposed development. The gauge on the UK rail network ranges from W7 (smallest) to W12 (largest). Main UK freight routes such as the East and West Coast Main Lines are cleared to gauge W10 and cater for larger freight vehicles including the 'High Cube' containers preferred by freight operators. The Midland Main Line (MML) between London and Leicester is only cleared to gauge W7 which restricts the size of vehicle and prevents 'High Cube' containers from being carried on standard freight wagons. 'High Cube' containers can be transported on W7 gauge but on specially adapted freight wagons that are not only in short supply but, more importantly, reduce the number of containers carried per train and are consequently less efficient.

Therefore, in order to maintain viable rail operations, it is clear that the gauge of the MML would have to be increased to W10 at least. Subject to proper survey, this would necessitate increasing clearances between the track and some adjacent structures. This could involve major civil engineering work on bridges, tunnels, platforms and line side buildings, a potentially costly exercise and one that could involve lengthy disruption to existing rail services.

Therefore I believe the Secretary of State should not accept the application until this issue is resolved FULLY. We are concerned that the lack of commitment to enhance the gauge threatens the future viability of rail operations

Advice given

At this stage of the process the developer should be your first point of contact on the issues that you raise. The developer?s project website page describes how they are carrying out their consultation at http://www.eastmidlandsgateway.co.uk/consultation.php and how to contact them should you wish to make any comments on the proposals.

I should add that, before submitting an application to the Planning Inspectorate, the developer is required to carry out extensive consultation on their proposals. This involves providing information about the proposal to various statutory and non-statutory bodies and the wider community, responding to questions, listening to suggestions, and taking these into account to influence and inform the application ultimately submitted to the Inspectorate. This does not mean that the developer has to accept or agree with every comment or suggestion made but they must give them proper consideration.

Subsequently, when an application is submitted to the Planning Inspectorate following the pre-application stage, there is a 28 day period during which a decision is taken on whether to accept the application for examination. One of the factors to be considered by the Planning Inspectorate at this stage is whether or not the developer?s consultation process has been adequate. We will invite relevant local authorities to provide us with their comments on the adequacy of the applicant?s consultation. In providing their representation on this matter, the local authority may decide to take into account any comments received from the public on this issue. The Inspectorate, on behalf of the Secretary of State, must have regard to the local authority?s response on the adequacy of consultation in making its decision on whether to accept an application to proceed to be examined.

If the application is accepted for examination, there will be the opportunity to register your views with the Planning Inspectorate and participate in the examination by completing a relevant representation form. Where a person believes they have identified an issue which has not been adequately addressed by the applicant, despite raising it with them as part of their pre-application consultation, they may wish to include this as part of their representation. Relevant representations are used by the Examining Authority to help identify the initial principal issues for examination.

Details about how and when to register will be publicised by the developer in local newspapers and on site notices. Please note that you are unable to register as an interested party during the current (pre-application) stage of the process for this proposal.

The Planning Inspectorate has produced several advice notes to help provide an overview of the PA 2008 process and the opportunities to get involved. These are available via the link below. In this instance I recommend reviewing advice note eight series ? ?How to get involved in the planning process?. I have attached above PDF versions for your reference. You may also access these documents on our website at the following link:
http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/

You may also find the following guidance and advice note helpful:

Guidance on the Pre-Application Process (The Planning Act 2008): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49468/Planning_Act_2008_pre-applications.pdf

Advice note sixteen: The developer?s pre-application consultation, publicity and notification duties: http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-16.pdf