North Doncaster Rail Chord (near Shaftholme)

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 phone
response has attachments
Doncaster MBC enquired what their enforcement powers were regarding Network Rail starting work before Doncaster had discharged the plans under Schedule 2 of the DCO.
Please see letter attached.

20 December 2012
Doncaster MBC - Teresa Hubrey
Enquiry received via email
response has attachments
Bircham Dyson Bell (on behalf of Network Rail), in response to the Planning Inspectorate's letter dated 12 July 2012, further queried the final fee amount payable in respect of the North Doncaster Rail Chord application.
See advice attached below:

10 August 2012
Bircham Dyson Bell
Enquiry received via email
response has attachments
Bircham Dyson Bell, on behalf of Network Rail, queried the final fee amount payable in respect of the North Doncaster Rail Chord application.
See advice attached below:

12 July 2012
Bircham Dyson Bell
Enquiry received via phone
Enquiry with regards to why Wakefield Primary Care Trust had been consulted.
Advised that any PCT identified within a 10km radius of a proposed scheme are statutory consultees. All statutory consultees will receive correspondence from us about the examination of the application.

03 January 2012
Wakefield Primary Care Trust - Nick Kirk
Enquiry received via email
Request for guidance or set of requirements regarding the preliminary meeting.
The Examining authority must give at least 21 days notice of the date, time and place of the preliminary meeting and the matters to be discussed at the meeting, in accordance with rule 6 of the Infrastructure Planning (Examination Procedure) Rules 2010.
The Examining authority would be likely to send the letter of notice well in advance of this 21 day deadline.

Advice Note 8.4 provides information on the preliminary meeting.

CLG Planning Act 2008: guidance for the examination of applications for development consent for nationally significant infrastructure projects, paragraphs 49-54 provide guidance on the preliminary meeting.

07 October 2011
Network Rail
Enquiry received via phone
response has attachments
The role of the LA in making representations and information on Local Impact Reports
See attached details

06 September 2011
Doncaster Metropolitan B. C. - Teresa Hubery
Enquiry received via email
response has attachments
Query regarding notification under section 56(2) of the Planning Act 2008 (the PA 2008) and Regulation 13 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
See attachment

06 September 2011
Bircham Dyson Bell - Ian McCulloch
Enquiry received via email
response has attachments
I wish to register that the ward councillors of the Askern Spa Ward wish to put their views to the Infrastructure Planning Cttee as per your deadline of 9th September 2011 re North Doncaster Rail Chord
Please see the attachment

06 September 2011
Cllr Ros Jones
Enquiry received via meeting
response has attachments
Drop-in sessions to inform the public of the process for having their say on the North Doncaster Rail Chord proposal.
The relevant representation form can be completed online on the IPC website, or a hard copy can be requested by calling the IPC helpdesk on 03034445000. The representations must be submitted to the IPC by 5pm on 9 September 2011.

Registering at this stage enables a person (or organisation) to become involved in the examination stage of the process by becoming an ?interested party? and take part at the Preliminary Meeting. At this stage a brief description of issues should be provided, these can be explained in more detail later, at the examination stage through written representations and/or oral representation to the appointed Examining Authority at the Preliminary Meeting or at the hearings.

The examination stage can take up to six months. It is estimated that the shortest amount of time that an examination may take is approximately 4 months, due to statutory deadlines.

23 August 2011
Public Event
Enquiry received via phone
response has attachments
Mr Smith enquired whether now is the time to make a formal representation and if English Heritage (EH) have no specific comments to make whether they should notify IPC of their position.
Mr Smith was informed that now until 9 Sept 2011 is the time to submit comments and to become an interested party. However given the status of EH, in that they are a statutory consultee, they will continue to receive correspondence from us about the examination of the application and be invited to make written representations at a later stage; there is no requirement to register as an interested party or make a relevant representation at this stage.

Confirmation was recieved that English Heritage would like to make no comments to the IPC at this stage (see attachment).

09 August 2011
English Heritage - Ian Smith
Enquiry received via post
response has attachments
The IPC recieved the letter attached below from Moss Road Tenants and Residents Association.
The IPC responded with the letter attached below.

09 August 2011
Moss Road Tenants and Residents - P Mahoney
Enquiry received via email
response has attachments
Higways North Yorkshire sent an email to the IPC for the attention of Network Rail, requesting the Travel Plan for the construction phase of the North Doncater Rail proposal.
IPC provided Highways North Yorkshire with the following contact details and advice.

As discussed in our telephone conversation today, the contact email address for Network Rail for the above proposal is: [email protected]

To comment on a proposal at this stage of the process, a 'relevant representation' must be submitted to the IPC. For more information on how to make a 'relevant representation' for this proposal, please visit the IPC's project page on this link: [attachment 1]

08 August 2011
North Yorkshire Council - Sharon Fox
Enquiry received via email
IPC received an email enquiry in regard to interested parties for the North Doncaster Rail Chord, in particular the role of the Local Authority in making representations during the examination stage as well as submitting a Local Impact Report.
IPC provided the following advice.

DMBC are automatically an interested party (as a local authority) by virtue of s102(6) of the Planning Act 2008 (PA 2008) since the proposed project is (wholly) in the authority's area. For the purposes of s.102(8)(a) DMBC are a 'district council'.

Whilst local planning authorities have specific functions and powers under the PA 2008 in relation to enforcement (see part 8), for the purposes of making representations during examination and submitting any Local Impact Report (LIR) these should be made by the local authority as a body corporate rather than by individual statutory functional elements of that authority. Whether any such representations or LIR have to be authorised by a particular Committee, Cabinet Member or Officer would depend on the Constitution and the scheme of delegation of the local authority concerned.

The relevant local highway authority would also automatically be an interested party, as a "statutory party", by virtue of s102(1)(b) and 102(3) of the PA 2008. It should be noted that the circumstances in which the relevant local highway authority must be notified about an application are "All applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal". This 'circumstances test' would, we think, be a relevant consideration in determining whether any representations should properly be made by the local authority as a body corporate or by the relevant local highway authority.

Although certain powers and responsibilities in relation to rights of way are functions of local highway authorities, the 'circumstances test' referred to above would not be met by rights of way such as footpaths since they are not part of the road network and cannot be used by traffic. However, highway authorities also have certain powers and responsibilities in relation to byways open to all traffic. In relation to these, the 'circumstances test' referred to above may well be met.

In view of this, any representations made in relation to rights of way could either be included in the local authority's or the local highway authority's representations depending on the particular type of right of way to which to that representation relates. This may also have implications for which particular Committee, Cabinet Member or Officer would be empowered to authorise the making of any such representation under the Council's Constitution and the scheme of delegation.

04 August 2011
Teresa Hubery
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

15 July 2011
John H. Pickup & Co - John Pickup
Enquiry received via post
response has attachments
The IPC received correspondence from Cllrs R C Jones, A Jones and A White of Doncaster Metropolitan Borough Council. Similar correspondence was sent by approximately 440 residents of the Doncaster area.
Please see attached correspondence and response.

04 July 2011
Various Doncaster MB Council
Enquiry received via phone
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

28 June 2011
Claire Ellis
Enquiry received via post
response has attachments
Letter from Rt Hon Ed Miliband sent in connection with the North Doncaster Chord Proposal
Please see attached correspondence and response

27 June 2011
Rt Hon Edward Miliband
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

27 June 2011
C A Holiday
Enquiry received via email
response has attachments
Correspondence sent in connection the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

16 June 2011
Sheila Rogers
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

15 June 2011
R Harvey
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

14 June 2011
Michelle Spoor
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

14 June 2011
Margaret Mossman
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

10 June 2011
David Corbett
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

10 June 2011
David Simpkins
Enquiry received via email
The IPC has received various pieces of correspondence from residents in the Doncaster area in connection with the proposed North Doncaster Chord scheme (these can be found on the project page on the IPC's website). The IPC forwarded this correspondence to Network Rail on 08/06/11, 10/06/11, 14/06/11 and 17/06/11 and advised on certain matters.
Where relevant, it was advised that it is not clear from the map in Appendix 1 of both Statements of Community Consultation Additional Information whether Network Rail had intended to consult residents in Owston, residents East of Moss Road level crossing and residents of Askern (as appropriate) as part of the community consultation. The Askern residents that have written to the IPC have also stated that affected residents or businesses in Askern were not consulted.

The IPC advised that the applicant will need to satisfy itself that they have complied with the pre-application procedure in Chapter 2 of Part 5 of the Planning Act 2008 including s.47.

The IPC advised that it will be writing to Doncaster Metropolitan Borough Council (DMBC) (and neighbouring local authorities) following receipt of the application requesting the local authorities' comments on the adequacy of the pre-application consultation including that carried out under s.47. It will be for DMBC (and the neighbouring local authorities) to decide whether they wish to make such a representation and if so, what they say in it about the adequacy of consultation.

08 June 2011
Network Rail - Peter Munz
Enquiry received via email
The IPC has received various pieces of correspondence from residents in the Doncaster area in connection with the proposed North Doncaster Chord scheme (these can be found on the project page on the IPC's website). The IPC forwarded this correspondence to Doncaster Metropolitan Borough Council (DMBC) on 08/06/11, 10/06/11, 14/06/11 and 17/06/11 and advised on certain matters.
Where relevant, it was advised that it is not clear from the map in Appendix 1 of both Statements of Community Consultation Additional Information whether Network Rail had intended to consult residents in Owston, residents East of Moss Road level crossing and residents of Askern (as appropriate) as part of the community consultation. The Askern residents that have written to the IPC have also stated that affected residents or businesses in Askern were not consulted.

The IPC advised that it will be writing to DMBC (and neighbouring local authorities) following receipt of the application requesting the local authorities' comments on the adequacy of the pre-application consultation including that carried out under s.47. It will be for DMBC (and the neighbouring local authorities) to decide whether they wish to make such a representation and if so, what they say in it about the adequacy of consultation.

08 June 2011
Doncaster MBC - Teresa Hubery
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

08 June 2011
Martin Spoor
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

07 June 2011
Richard Lee
Enquiry received via phone
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

07 June 2011
E Wetzel
Enquiry received via phone
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

07 June 2011
Benjamin Wetzel
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

07 June 2011
I Lloyd
Enquiry received via post
response has attachments
Correspondence sent in connection with the proposed Railway Chord, North of Doncaster
Please see attached correspondence and response

07 June 2011
Peter Burtoft
Enquiry received via post
response has attachments
Bircham Dyson Bell submitted comments on the IPC response dated 04 May 2011 regarding the draft documents. Revised draft requirements were also submitted.
Please see attached document.

25 May 2011
Bircham Dyson Bell - Ian McCulloch
Enquiry received via email
response has attachments
Network Rail submitted draft documents, including the draft DCO and explanatory memorandum, to the IPC for comment.
Please see attached document.

04 May 2011
Network Rail - David Simmonds
Enquiry received via meeting
response has attachments
A meeting to discuss the draft Development Consent Orders for the North Doncaster Chord and Ipswich Chord Proposals.
Please see attached meeting note.

19 April 2011
Network Rail, Bircham Dyson Bell and Winckworth Sherwood
Enquiry received via email
response has attachments
The following comments were submitted by the three ward councillors regarding the North Doncaster Chord proposal:
As the three ward councillors of the Askern Spa Ward whose residents are affected by the above proposals we wish to state that we realize this is a scheme of national importance, and support the principal of increasing the capacity of rail use by taking freight off the East Coast Main Line and transferring it to the Askern/Skellow line.
Our preferred option is not to build the road bridge and it would then require a reduced embankment which would improve the environmental impact of such a construction.
We also believe the Joan Croft crossing should be permanently closed to prevent increased traffic converging on the A19/ Rockley Lane junction as this is a five road junction. This junction will require improvements given the amount of traffic that converge here, and we would suggest traffic lights ceretainly during construction, but then reassessed to ascertain if they should be left once construction complete.
This construction of this line will however create problems unless you include the upgrading of a small stretch of green road that links the A19 at /Norton Common Lane to Fenwick, thus facilitating the bypassing of the Askern crossings. This road upgrade would then remove the serious congestion more freight on this line will bring about, and provide a suitable road for emergency services. Traffic already queue at the Moss Road crossing and frequently have traffic backing up through the traffic lights at Askern and along the extremely busy A19. The five lane improvements and upgrading of the road should be seen as an integral part of this scheme, that improves both road and rail transport and does not disadvantage three communities within our ward.
The IPC provided the following response:
The North Doncaster Chord proposal is at the pre-application stage of the IPC process in accordance with the Planning Act 2008. At this stage, comments on the proposal should be sent directly to the applicant for their consideration, prior to the submission of the application to the IPC. The process is frontloaded to enable the applicant to take account of comments and amend their proposals where appropriate, before submitting the application.

It is usual practice for us to suggest to enquirers that they may also wish to consider sending a copy of their pre-application comments to the relevant local authority. I have included a link to the Advice and Guidance section of the IPC website, Advice Notes 8.1 to 8.5 provide advice on the process and how to get involved: [attachment 1]

The opportunity to make comments to the IPC on the proposal will arise if the application is accepted following submission.

24 March 2011
Ros Jones
Enquiry received via email
The IPC highlighted to the applicant that the Statement of Community Consultation (SoCC) for the proposed North Doncaster Chord ? may not comply with s.47 Planning Act 2008 (the Act). The advice given is as follows.
We note from the SoCC, in relation to the above project, which was published in the Doncaster Star and Doncaster Free Press on the 10th June 2010 (attached), that there is no mention of how the applicant intends to publicise and consult on the preliminary environmental information (PEI), as required by Regulation 10(b) of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regs). However, reference is made to the PEI in Appendix 2 of the document on the Network Rail website entitle 'Statement of Community Consultation - Additional Information, North Doncaster Chord, June 2010', which appears to be a copy of the SoCC.

In view of the requirements of Regulation 10(b) of the EIA Regs., Network Rail may wish to clarify (taking its own legal advice) how, when the DCO application is submitted to the IPC, it will demonstrate compliance with Regulation 10(b), and s.47 of the Act.

16 November 2010
David Simmonds
Enquiry received via meeting
response has attachments
Inception meeting with IPC, Network Rail and Doncaster Metropolitan Borough Council regarding the proposed North Doncaster (Shaftholme) Railway Chord.
Please follow this link to access the meeting note and presentations: [attachment 1]

05 November 2010
Applicant and Local Authority