From:	Janet Wilson
Sent:	16 December 2010 14:15
To:	Goodland Janet
Subject:	Network Rail - GWML Electrification Project
Dear Miss Goodland

Thank you for your enquiry, I am sorry that I was unable to respond to you sooner, as I am sure you appreciate, I needed to discuss these points with others within the commission before responding.

I need to begin by clarifying that the IPC cannot advise definitively on jurisdiction matters, as this would constitute legal advice on which an applicant could seek to rely, and so outside the terms of our indemnity. With this in mind I would encourage you to seek your own legal advice on this including, if you feel it is appropriate, seeking Counsels opinion.

In the light of this it is not possible to give the specific answers you seek in relation to the questions you raise however I will outline some points for you to consider in this process.  I hope that the following can give you a clear steer on addressing the issues.  I would also stress that these comments need to be applied to the specific parts of the project by your own legal advisers.
The definition of a railway under the Planning Act 2008 referring to the Transport and Works Act definition means that an alteration could include electrification of a railway. However, development consent is not required unless the project includes development which is or forms part of an NSIP (s31).  Please see also s55(3)(c) which provides that an application may be accepted if development consent is required for 'any of the development' to which the application relates.
The NSIP is 'the alteration of the railway' under s25(2) i.e. the fact that elements are permitted development would not mean that they could not form part of the NSIP.  If those elements could be shown to be 'integral to' the alteration of the railway they would not need to be considered as associated development. However, it would be necessary to provide justification that all of the proposed works were 'integral to' the alteration of the railway, and if not, to separate out some works as associated development.  The distinction to be drawn is whether works are 'integral to the alteration' not whether they are permitted development under the General Permitted Development Order.
An important point to note is that, s25(2) provides that 'the part of the railway to be altered' must be wholly within England.  If 'the alteration' as matter of fact stretches into Wales, then arguably none of it is an NSIP.  I would suggest that you consider seeking legal opinion on whether you can draw a red line up the Welsh border or a more sensible operational boundary within England and the English part would still comprise 'the alteration'.  From the papers it may be that the dividing line could be Bristol Temple Meads or Bristol Parkway.
Clearly the extent of the project will involve a complex and extensive pre-consultation involving many local authorities and it may be helpful to meet to discuss how the procedures in relation to the 2008 Act might be applied in this case.  If you are consider following this query that an NSIP will be forthcoming then it will be necessary to include the project on our programme and the same information as that previously advised for your other schemes would be required. (I have copied these below for your information) I can then appoint a case team to the project and an initial meeting can be held for you to explain in more detail the nature and extent of the works proposed.  If you wish to arrange this for early in the new year, if you could suggest potential dates I  am happy to make the necessary arrangements.

Preliminary Notification of a forthcoming Nationally Significant Infrastructure Project
Requested information for projects to enable display on website and allocation of case team
1.  Project Name -   
(please be as clear be at this stage regarding your project name as this will be used on the website and changes later on can affect links which your customers and the general public will use to access information) 
2.  Project Location – 
(please be clear about the location as a description such as “to the west of” without a distance quoted can be confusing – it is helpful if you could provide a map showing the extent of the site or the extent of a linear project))
3.  Grid reference of project 
(please provide a 12 figure grid reference – if your project is linear please provide grid references for either end together with the midpoint reference)
4..Project description – 
(if your project includes a generating station please specify the intended output)
5.  Applicant’s name – 
6.  Promoters contact details   
 (telephone and email contacts and website link (these details will be placed on the IPC website and need therefore to be details you are happy to publish)
7.  Date of intended EIA scoping – 
(please specify the month in which your intended scoping request is likely to be submitted – you are asked to forward at least two weeks before a plan delineating a red line around your project area in order that consultee lists can be checked in readiness for your scoping request, if you do not do so then a delay may result)
8.  Estimated date of submission of scheme to IPC for consideration – 
(where you specify a single month the 1st of the month will be used – if you are unable to do this then the quarter in a specific year would be of assistance i.e. 1st or 2nd quarter 2011)
I hope that this advice has helped in answering your queries however if you wish to discuss matters further please let me know. 
Yours sincerely 

Janet Wilson
Head of Case Management
Infrastructure Planning Commission (IPC)
Temple Quay House
Temple Quay
Bristol
BS1 6PN

Direct Line: 0303 444 5058
Helpline: 0303 444 5000
Email: janet.wilson@infrastructure.gsi.gov.uk
Web: www.independent.gov.uk/infrastructure 

The IPC gives advice about applying for an order granting development consent or making representations about an application (or a proposed application).  The IPC takes care to ensure that the advice we provide is accurate.  This communication does not however constitute legal advice upon which you can rely and you should note that IPC lawyers are not covered by the compulsory professional indemnity insurance scheme.  You should obtain your own legal advice and professional advice as required.   

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