Advice to Amy Moseley

Enquiry

• From: Amy Moseley
• Date advice given: 26 May 2020
• Enquiry type: Email

Good Afternoon, I am doing some research around Strategic Rail Freight Interchange. I found a recent article covering the refused Rail Freight Interchange in North Yorkshire outside Sherburn. (Developer Harworth Group). In the article it states that the LPA (Selby District Council) refused it in March last year. It has then gone to Appeal and Inspector Kevin Ward dismissed the Appeal. The enquiry/ question I have is that my understanding is that a SRFI like this would go through the Planning Inspectorate and then to Secretary of State as a NSIPs. I just wondered why the Local Authority in this case were able to refuse this in the first instance? What factors/criteria were different? I have little knowledge in this area and just wondered if you could provide some information? Kind Regards

Advice given

Good morning Thank you for your email. Section 26 of the Planning Act 2008 (as amended) sets out the criteria for Rail Freight Interchanges (RFI) to quality as Nationally Significant Infrastructure Projects (NSIPs). The NSIP process involves an application for development consent, which is made to the Planning Inspectorate; there is no application to a Local Planning Authority beforehand. The relevant subsections are: (3)The land on which the rail freight interchange is situated must— (a)be in England, and (b)be at least 60 hectares in area. (4)The rail freight interchange must be capable of handling— (a)consignments of goods from more than one consignor and to more than one consignee, and (b)at least 4 goods trains per day. (5)The rail freight interchange must be part of the railway network in England. (6)The rail freight interchange must include warehouses to which goods can be delivered from the railway network in England either directly or by means of another form of transport. (7)The rail freight interchange must not be part of a military establishment Any application for an RFI which does not meet this criteria falls to be considered under the Town and Country Planning Act 1990 (as amended) and an application is made to the relevant Local Authority(ies) in the first instance. If that application is refused, the Applicant has a right of appeal under section 78 of the Town and Country Planning Act. Unfortunately, as this application was not submitted as an NSIP, we are unable to comment any further on your query. However, hopefully this response will be of assistance to you in understanding the difference in consenting regimes. You may also wish to view our suite of Advice Notes (in particular the 8 series) which provides for information on NSIPs. Yours sincerely