Redditch Branch Enhancement Scheme

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

There is a statutory duty, under section 51 of the Planning Act 2008, to record the advice that is given in relation to an application or a potential application, including the name of the person who requested the advice, and to make this publicly available.

Preview
Enquiry received via email
Have Network Rail and Bromsgrove District Council complied with the terms of the original Consent Order and if not, what options are open to Alvechurch Parish Council?
The Planning Inspectorate is unable to provide legal advice, should you believe that there has been any breach of a Development Consent Order (DCO), you would need to take your own legal advice on this matter.

For your information, part 8 of the Planning Act 2008 contains provisions relating to the enforcement of DCOs. In accordance with s.161(1) a person commits an offence if they carry out or cause to be carried out development breach of a DCO; or if they fail to comply with the terms of a DCO. Other provisions in part 8 of the Act give the relevant local planning authority a range of powers to investigate any suspected offences.

The requirement to which you refer requires the submission of a schedule of works required at the Alvechurch station car park for a facility of 50 cars prior to commencement. Any works subsequently undertaken must be carried out in accordance with this. The Planning Inspectorate is unable to comment on whether the schedule of works has been submitted or approved by the relevant planning authority, or whether, if approved, the scheme has been / is being complied with. The relevant planning authority is Bromsgrove District Council and they should be able to provide further assistance in relation to this.

09 March 2016
Andy Humphries
Enquiry received via email
Query with regards to the destruction of trees, shrubs and animal habitat on the land on the canal side of the railway track. Also querying action and compensation from developer for damage to properties.
Whilst the Planning Inspectorate examined the application and made a recommendation to the Secretary of State, it is the role of a number of bodies to enforce the permission (Development Consent Order). In relation to some of the issues outlined in your email, a requirement (also known as a condition in other planning legislation) was included at requirement 4 in the Development Consent Order, for the applicant to produce a Construction Environmental Management Plan. I have inserted the wording for this requirement below for your assistance. This document should, as set out below, be submitted to the relevant planning authority and the Health Protection Agency for sign off prior to commencement of works. Therefore, these are bodies to which, in addition to the applicant, Network Rail, you should be addressing your comments. The relevant Planning Authority for this case is Bromsgrove District Council.

Construction Environmental Management Plan
4.?(1) The authorised development must not be commenced until a written construction environmental management plan (CEMP) has been submitted to and approved by the relevant planning authority in consultation with the Health Protection Agency.
(2) The CEMP must be in accordance with the environmental reports.
(3) The CEMP must reflect the CR-E, and must include an implementation timetable.
(4) The CEMP must in particular include the following:
(a) an external communications plan;
(b) a pollution incident prevention and control plan;
(c) a site waste management plan;
(d) a traffic management plan including a construction traffic code of practice;
(e) a nuisance management plan regarding noise and vibration, dust, air pollution and lighting; and
(f) an ecological management plan.
(5) The construction traffic code of practice under (4)(d) must in particular address:
(a) construction traffic routes and operational hours;
(b) measures to minimise dust and mud;
(c) abnormal loads; and
(d) compliance of drivers with national driving standards and project-specific restrictions.
(6) The CEMP must in particular require:
(a) adherence to the relevant Pollution Prevention Guidelines PPG1, PPG5, PPG6 and PPG21;
(b) except on operational railway land (to which no restriction on working hours applies
under this Order), adherence to?
(i) normal daytime working hours (7am to 6pm Monday to Friday and 8am to 2pm on Saturday), and
(ii) no working on Sundays, Bank or Public Holidays except for such working outside those times which has been notified to the relevant planning authority and affected residents by an agreed notification procedure in compliance with Section 61 of the Control of Pollution Act 1974 and in full accordance with the nuisance management plan; and
(c) adherence to the scheme of temporary footpaths as approved by the highway authority under requirement 18(1)(d).
(7) The authorised development must be carried out in accordance with the approved CEMP and the CR-E.

19 February 2014
B Kesslar
Enquiry received via phone
response has attachments
Western Power Distribution telephoned for an explanation for the terms 'relevant representation' and 'written representation'.

Our advice was by email.
Thank you for your telephone enquiry on Thursday in regard to the Redditch Branch Enhancement Scheme application and asking for an explanation of the terms ?relevant representations? and ?written representations? under the Planning Act 2008 (as amended by the Localism Act 2011) (PA 2008). I believe you have spoken to Sian Evans on the project team but I felt this information may still be useful.

As you are aware, PA 2008, and Regulations made under it, set out a number of straightforward matters (such as your name and address) that a representation must contain before it can be treated as a ?relevant representation?. A ?relevant representation? gives persons and organisations an entitlement to become an ?Interested Party? and participate in the examination process. The form also contains an ?outline of the principal submissions which the person proposes to make in respect of the application?, as required under Regulation 4(2) of The Infrastructure Planning (Interested Parties) Regulations 2010. To be valid, the representation should be submitted on a fully completed Planning Inspectorate Registration and Relevant Representation form, and received by the Planning Inspectorate within the registration period (of at least 28 days) set by the applicant. For an interpretation of what constitutes a valid ?relevant representation?, please refer to section 102(4) of PA 2008, which contains, amongst other requirements, ?material of a prescribed description?, in relation to Regulation 4(2) which further explains what the form must contain. For information, please refer to the link to the Interested Parties Regulations:

[attachment 1]

Relevant representations are then used by the Examining authority to help identify the initial principal issues for examination. These are included together with a draft timetable in the letter inviting all Interested Parties to attend the Preliminary Meeting, which was held on 7th January 2013 for the Redditch application.

The examination is mainly a written process, based upon the relevant and written representations of Interested Parties and the written responses to questions asked by the Examining authority. As such, Interested Parties are given the opportunity to provide a more detailed ?written representation?, supported with relevant information and evidence, by the deadline set out in the examination timetable. Interested Parties can also comment on representations made by others. Though anything submitted in the earlier ?relevant representation?, made at the point of registration with the Planning Inspectorate, will be taken into consideration by the Examining authority. Again, for further information I refer you to Rule 10 of The Infrastructure Planning (Examination Procedure) Rules 2010, stating under Rule 10(4):

'Any person, other than the applicant, who submits a written representation, must identify in their written representation those parts of the application or specified matters with which they agree and those parts with which they do not agree, and must state the reasons for such disagreement.'

[attachment 2]

The period to make written representations and comments is currently open for the Redditch application.

In addition to Primary and Secondary legislation, you may also want to refer to the Planning Inspectorate?s non-statutory Advice Note 8, which provides useful information on the examination process:

[attachment 3]

07 February 2013
Western Power Distribution - Bernard Lee
Enquiry received via email
Can you please confirm that my written submissions were received because neither of my items are listed in Annex C (of the Rule 6 letter) which suggests someone has already allocated preconceived ideas as to what is important and what is not (I am disappointed at this approach to say the least). I certainly wish to speak on these.
I confirm that we have received your representation and your interested party number is .... As stated in our letter of 6 December 2012, the items listed in Annex C are not a comprehensive or exhaustive list of relevant matters and the issues you have raised in your representation will be taken into consideration by the Examining Authority during the examination. During the examination you will be provided with a number of opportunities to provide both written and oral evidence to the Examining Authority. I hope that this provides you with the comfort you require that the matters raised in your relevant representation have been taken into account.

10 December 2012
Richard Brown
Enquiry received via email
I have registered myself as an interested party, along with my client Dr Rehan ul-Haq.

I understand there is a preliminary meeting planned for the 7th January 2013. On behalf of my client, I have a written representation which I would like to submit. Can I do this now, or do I have to wait until after the preliminary meeting?
Representations can not be submitted before the examination has opened. In our letter of 6 December, the draft timetable for the examination shows that written representations from Interested Parties will be expected by 12 February. (The letter can be found under Project Documents).

After the preliminary meeting we will write to you to confirm the timetable for submission of evidence.

10 December 2012
WYG Transport Planning - Arnold Ashton
Enquiry received via email
Network Rail found that for a small handful of consultees, it is unable to satisfactorily prove service of the original notice. They have therefore decided to serve them again, giving them a full 28 day response period from the date of re-service. The deadline specified for responses by those who were re-served is therefore extended by 15 days to 30 November.

Network Rail see no reason to change the 15 November response date for other parties or in public notices they therefore intend to provide their client's certificate of service as soon as possible after 15 November, altered to explain that an extended deadline has been given to some parties. They want to know whether PINS are happy for:
- the S56 certificate to be amended to reflect the extended deadline given to these parties only
- the S56 certificate to be signed by the NRIL Company Secretary after the general deadline for responses, rather than after the extended deadline (as per the approach taken on the Ipswich Chord certificate)
- the S56 certificate to be provided to PINS after 15 November, rather than after the extended deadline.
They asked if PINS could clarify whether the S56 certificate is expected to be signed after the expiry of the deadline for responses (APFP Reg 10 is clear that it should be sent to PINS within 10 working days after the deadline for responses, but is silent on the time of signing; however, the certificate uses the words "?the deadline [?] was"). Timing this precisely can cause logistical difficulties, and the purpose of the certificate is to confirm service/advertisement, which must of course occur well in advance of the expiry of the deadline for responses.
The 2008 Act and the APFP Regulations are silent on when the certificate has to be (physically) signed however following the approach for the Ipswich Rail Chord case, we consider the certificate can be signed and dated after the expiry of the main deadline but before the extended deadline.

08 November 2012
Bond Pearce - Caryl Walter
Enquiry received via phone
response has attachments
Registering as an Interested Party
Further to our telephone conversation this afternoon, please find the link to the Planning Inspectorate's web page for the Redditch Branch scheme: [attachment 1]

As I said, the importance of registering as an interested party is that you will be entitled to request an open floor hearing and to be heard at any other hearings that may be held. If you are not familiar with the Planning Act 2008, the advice notes on our website may also be of interest, in particular, advice notes 8.1-8.5 : [attachment 2]

18 October 2012
Rehan ul-Haq
Enquiry received via email
response has attachments
I have received correspondence from Network Rail that the above Development Consent Order application was accepted as valid by PINS on 1 October. However, I am yet to receive any communication from PINS confirming this.

I look forward to your response on this matter. If the DCO application has been validated, I would be grateful for guidance on the next stage of the process.
There is a duty on the Applicant to publicise and notify persons when an application is accepted by the Planning Inspectorate for examination, which it would appear from your email, they have complied with. There is no such requirement for the Planning Inspectorate to do this. The Planning Inspectorate do however publish the application documents, acceptance letter and acceptance checklist on the Planning Portal project page.

Regarding the process going forward, the relevant representation period has now opened (today) for this application and will remain open until 15 November 2012. I would encourage Bromsgrove and Redditch Councils to visit the Planning Portal National Infrastructure project page:
[attachment 1] and make a relevant representation.

This form is required to be filled in by any Council, Organisation or individual that wishes to be an Interested Party and therefore take part in this examination. As the scheme is located within Bromsgrove District Council, the Council is automatically an Interested Party however, I would encourage you to fill in a relevant representation form as this provides the Examining authority with your views from the outset. This form is available online by clicking the 'Register online' button. If there is anyone who does not have access to a computer, they are able to ring us on 0303 444 5000 and we can send out individual paper forms.

In relation to what to expect over the coming months, the Planning Inspectorate have produced some advice notes, all of which can be accessed through the Planning Portal [attachment 2]. Of specific interest to the running of the examination are advice notes 8.3, 8.4 and 8.5.

In general, the next stage is waiting for the appointment of the Examining authority and the closing of the relevant representation period on 15 November 2012. After this date, the Planning Inspectorate will advise all organisations and individuals who are Interested Parties of the date, time and place of the Preliminary Meeting. This is a procedural meeting in which the Examining authority will set out how it intends to examine the application and will listen to attendees' views on this. The Examining authority will provide no less that 21 days notice of this hearing taking place.

After the hearing a Rule 8 letter setting out the examination timetable and deadlines will be sent to all Interested Parties.

15 October 2012
Bromsgrove District Council - Dale Birch
Enquiry received via meeting
response has attachments
Please see attached meeting note

15 June 2012
Network Rail Infrastructure Ltd - Colin Field
Enquiry received via phone
response has attachments
Query regarding who to contact regarding perceived issues with the developer's consultation
At the pre-application stage developers have a statutory duty to consult the public and prescribed consultees about their proposals under the Planning Act 2008 (as amended). This offers an important opportunity to provide feedback and potentially influence a proposal before its submission to The Planning Inspectorate. The developer is responsible for conducting the pre-application consultation and they must have regard to any feedback they receive during this period when preparing their application.

If you consider that the pre-application consultation being undertaken is not adequate then you should first contact the developer to give them an opportunity to respond and if necessary remedy any concerns raised about the way in which the consultation is being conducted.

You can also inform your local authority about your views on the developer?s pre-application consultation. The local authority where the development is situated and the neighbouring local authorities will have the chance to submit an Adequacy of Consultation Representation once an application has been submitted to The Planning Inspectorate.

If the Planning Inspectorate accepts the application for examination, there will then be an opportunity to register your views by completing a relevant representation form. Making a relevant representation on the prescribed form allows an individual or organisation to participate in the examination. Details about how and when to register will be publicised by the developer and we will also provide details about how to register and other project information on our website.

Further information on how to participate in the application process can be found in our advice notes. At the pre-application stage Advice Note 8.1: How the Process Works and Advice Note 8.2: How to have your Say on a Major Infrastructure Proposal may be of particular interest. A link to the relevant section of our website is provided below.

[attachment 1]

26 April 2012
Stephen Tisdale
Enquiry received via meeting
response has attachments
Inception Meeting to explain the role of the Planning Inspectorate and the 2008 Planning Act Process.
Please see attached meeting note for full details

24 April 2012
Network Rail
Enquiry received via meeting
response has attachments
Introduction to the Network Rail team, an overview of the Redditch Branch Enhancement Proposal and the planning process under PA 2008.
Meeting note attached.

29 June 2011
Network Rail - Malcolm Armstrong