Agenda item

(Report by Head of Major Projects)

(1)       As part of the recently completed A228 Leybourne and West Malling Bypass a new Link Road had been provided to West Malling Station.  This required Network Rail’s agreement to make the physical connection to their existing Station Access Road together with the granting of rights for the connection to be used by buses, taxis, cyclists and pedestrians.  Full access for all traffic was not intended as the objective and planning requirement was to avoid opening up a rat-run to and from West Malling and Network Rail themselves would not want increased use of its private Station Access Road.

(2)       Following a letter from the then Cabinet Member to Network Rail in early 2005 some progress was made.  A two-stage approach was offered by Network Rail with the initial granting of a 1 year Licence to get over the immediate time constraints, to be followed by the granting of the Permanent Easement.  The Licence was completed although it took about five months for what was a simple document.  The Head of Major Projects was trying to progress the Permanent Easement but Network Rail was putting up obstacles.  While Network Rail responses implied continued agreement in principle, they said internal consultation processes might raise objections and they could give no timetable for completing the Permanent Easement.

(3)       The delay was understood to be related primarily to a concern within South East Trains who leased the Station land from Network Rail that a proposed private car park , served off the new Link Road, might affect revenue from the existing Network Rail Station car park.  However, the issue of a proposed additional car park should not be a material consideration.  The permanent easement was required to serve existing pedestrians and those using both the bus and kiss and ride facilities.  It was required regardless of whether the private developer decided to progress the proposal for an additional car park.  Clearly that decision rested solely with the private developer and although both the County Council and the Borough Council supported the provision of additional parking, whether or not this was provided was outside the control of the County Council.

(4)       Even if this was not the case, it was considered inappropriate of Network Rail to take the narrow short term commercial view at the expense of the wider strategic objective that all transport providers should be working in partnership to achieve.  The new Link Road would provide improved accessibility to the Station, reduce the adverse impact of station traffic in West Malling, encourage increased use of the train network, and encourage modal shift, all of which needed to be addressed to meet sustainability issues from the increasing demands of new development in the A228 corridor.  Any additional parking for station users would reduce the current illegal over spill parking and would assist in reducing long distance commuting by car.

(5)       The Chief Executive of Network Rail was being lobbied by both the County Council and Tonbridge & Malling Borough Council to give unequivocal confirmation that a Permanent Easement would be granted and that this would be progressed quickly to a defined completion date.  At the time of drafting the Report no reply had been received.  It was hoped that Network Rail would give the assurances provided, experience did not give confidence and it would be prudent to prepare and have the authority to publish a Compulsory Purchase Order to secure the required user rights.  Whilst it was hoped that this did not become necessary, because it could take up to 18 months if Network Rail submitted a formal objection and there was a public inquiry, it did at least give a measure of backstop time certainty, provided of course that the Secretary of State was minded to confirm the Order.

(6)       The costs of promoting the one plot Compulsory Purchase Order were not high and would be met from the current Bypass budget allocation.

(7)       The Board supported the proposal for recommendation to the Cabinet Member for Environment, Highways and Waste that in respect of the Network Rail land shown on Drawing No. 0559/020/003 authority be given to arrange for the making and submission for confirmation of all necessary Orders for the compulsory acquisition of land and the rights necessary to secure the permanent connection of the Station Link with the existing Station Access Road and the permanent rights of access for buses, taxis, cyclists and pedestrians.