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Railhub Archive 1996-04-03 DoT-001 Department of Transport0
Central Railway must provide more information on plans – John Watts
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         Central Railway must provide more information on plans – John Watts _______________________________________________________________

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type Press release note 105
Central Railway plc - the company planning to build a new freight railway from the Midlands to the Channel Tunnel - have had applications for waivers under the Transport and Works Act refused, John Watts, Minister for Railways and Roads, announced today. The announcement was made in answer to a Parliamentary Question from James Pawsey MP (Rugby & Kenilworth), the full text of which is attached. Commenting on the refusal to grant the waivers, John Watts said: "As this project would clearly be of national significance, it would need to be presented to Parliament for approval in principle. But, before agreeing to any waivers under the Transport and Works Act, Parliament must have adequate information about the project for an informed debate. "Having taken into account the views of MPs, local planning authorities and other interested parities, the Secretary of State is not convinced that the information Central Railways is offering about the project, in place of the prescribed plans and sections, provides an adequate substitute. On that basis, we have refused Central Railways applications for waiver directions under rule 12 of the Transport and Works (Applications and Objections Procedure) Rules." Central Railway's proposal would effectively result in a two- stage application. A number of proposed scaled drawings would not be provided until after Parliament approved the principle of the project and before the public inquiry. The Secretary of State is not satisfied that it would be possible for MPs and Peers to reach an informed view on the merits of the project, even in principle, without plans and sections drawn to the required scale. However, subject to further consideration, the Secretary of State is prepared to agree to partial waivers for the serving of application documents on certain local planning authorities and other statutory bodies. He may also be prepared to waive full compliance with the rules relating to the placing of site notices, subject to being satisfied that persons affected would not be materially prejudiced by such a decision. NOTES FOR EDITORS 1. Central Railway plc are intending to make an application under the Transport and Works Act 1992 (TWA) seeking powers to build a new freight railway from near Lutterworth in Leicestershire to the Channel Tunnel. The proposed route would include reinstating part of the old Great Central railway line, from Lutterworth to Rugby and south to link into the Chiltern Line, and acquiring part of the Chiltern Line. A 6-mile tunnel would be required from Olympia to Streatham from where the railway would run adjacent to the existing Brighton line through East Croydon to south of Coulsdon. A new tunnel through the North Downs would take the railway to Tonbridge and then to Ashford and Folkestone, mainly adjoining existing railway lines. 2. The company first applied for waivers from compliance with certain of the requirements in the Transport and Works (Applications and Objections Procedure) Rules late last year. That application was subsequently withdrawn but a modified application was made on 4 March. Central Railway based the application on the fact that the Secretary of State would almost certainly refer the project to Parliament under section 9 of the TWA for votes in each House on the principle of the proposals. They argued that it was unnecessary to produced some of the detailed plans, sections and cross-sections of the works for the purpose of the Parliamentary stage. Such documents would, if necessary, be provided if Parliament approved the scheme in principle. 3. The Secretary of State decided to place a copy of the waiver applications and supporting material, in the Library of the House of Commons and to consult the local planning authorities along the proposed route. Views were also invited from a representative sample of statutory undertakers and from certain other interested bodies including the Country Landowners Association, the Ramblers Association and the National Trust. A large number of representations were received, with a majority expressing opposition to the granting of waivers on the grounds that this was contrary to the spirit, if not the letter, of the TWA, and that the consequence would be an application for powers which was inadequately specified to enable Parliament to properly assess the scheme in planning, environmental or commercial terms. The National Trust in particular were concerned that its power to invoke Special Parliamentary Procedure in respect of inalienable Trust land is severely curtailed if Parliament passes resolutions approving the project. The Trust, which has a statutory duty to protect its inalienable property, expects the TWA rules relating to plans and sections of works affecting its land to be fully complied with at the outset. HOUSE OF COMMONS Mr James Pawsey (Con - Rugby and Kenilworth): To ask the Secretary of State for Transport, if he has reached a decision on the application by Central Railway plc for directions under rule 12 of the Transport and Works (Applications and Objections Procedure) Rules granting waivers from compliance".with certain application requirements in respect of the Central Railway project. MR JOHN WATTS Yes. Having taken into account the views we have received from MPs, local planning authorities and others, my rt hon Friend the Secretary of State has decided to refuse Central Railway's applications for waiver directions under rule 12 of the Transport and Works (Applications and Objections Procedure) Rules, in so far as they relate to the provision of plans, sections and cross-sections of the works. Subject to further consideration of the scope of non compliance, he is prepared to agree to partial waivers in respect of the serving of application documents on certain local planning authorities and other statutory bodies. He may also be prepared to waive full compliance with the rules relating to the placing of site notices, subject to being satisfied that persons affected would not be materially prejudiced by such a decision. My rt hon Friend's reasons for refusing waivers are set out in a letter sent today to Central Railway plc. Copies of the letter have been placed in the House of Commons Library and will be sent to all MPs with a constituency interest. Wednesday 3 April 1996 1761/95/96 Department of Transport
Railhub Archive ::: 1996-04-03 DoT-001
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