National Highways' railway structures strategy ‘unravelling'

09/02/2023 | CHRIS AMES

National Highways' strategy of using emergency powers to infill historic railway structures is ‘unravelling’, campaigners have said, after a third council told it to seek planning permission, without which it may have to remove the infill.

The government-owned company manages 3,100 structures within the Historic Railways Estate (HRE) on behalf of the Department for Transport.

It has been criticised by campaigners for its approach to managing structures which has often involved infill works, sometimes blocking routes that could be used for active travel.

It has now admitted that it assumed that work carried out on a bridge in Norfolk ‘to prevent an emergency’ arising could remain permanently without planning permission.

In fact, the rules around ‘permitted development’ make clear that any works carried out under what is known as Class Q must be removed after 12 months, unless the local planning authority agrees otherwise.

National Highways has also said that its assessment that infilling was the most cost-effective solution was based on an assumption that it would remain permanently.

The company has already been given a deadline of October to remove 1,600 tonnes of infill from a bridge at Great Musgrave, Cumbria after Eden District Council rejected a planning application for its retention.

In addition, Selby District Council is expecting the submission of a retrospective planning application this week relating to the infilling of a structure near Tadcaster.

Both schemes were carried out under Class Q ‘permitted development’ rights.

King’s Lynn and West Norfolk Borough Council has now told National Highways that it is in breach of planning rules in relation to infill works at Congham bridge (pictured) as 12 months have passed and the land has not been restored to its original condition.

The works are regarded as ‘unauthorised’ and the company has been asked to apply for planning permission.

In October 2019, National Highways’ consultants, Jacobs, told the council that Congham bridge represented ‘an ongoing and increasing risk to public safety’ and was proposed for infilling under permitted development rights.

The works began in March 2021 and were completed the following month.

The head of the HRE programme, Hélène Rossiter, said: ‘Before carrying out the work we consulted with both of the relevant local planning authorities, which confirmed they had no objections or comments relating to the schemes.

‘We infilled Congham Road Bridge in February 2021 because we viewed it as a public safety risk.’

Asked by Highways what its intention was regarding planning permission when infilling was carried out, a National Highways spokesperson said: ‘Our intention was to retain the work permanently. We sought to rely on our Permitted Development rights under Class Q, which allows the retention of such work without the need to apply for planning permission.

‘We had written to the council advising them of the work being undertaken and received no objections. This was interpreted as approval by the council, and that we could retain the infill under our Permitted Development rights.’

National Highways was also asked whether it took into account the fact that Class Q development rights only last 12 months when it assessed that infilling was the most cost-effective option.

A spokesperson said that as the council did not object to the permanent infilling of the bridge National Highways had assumed that it would remain permanently.

The spokesperson added that for the same reason, National Highways had not calculated the costs of removing the infill and adopting an alternative solution.

The spokesperson added: ‘In conclusion, based on the information we had at the time, we determined that infilling was cost effective, expedient and in the public interest. A position that we still stand by today.’

Graeme Bickerdike - from the HRE Group, which campaigns on the issue - said that National Highways had used the same permitted development rights to infill at least six structures with three local authorities asking for retrospective planning applications and another having ‘vigorously opposed the work from the outset’.

In many cases, councils had pushed back because no evidence was provided to support the claims and most of the affected structures have since disappeared from the company’s works programme without any interventions, HRE said.

Mr Bickerdike added: ‘The strategy was intended to avoid the difficulties that come with public scrutiny, but that’s clearly unravelling. These rights were never appropriate for permanent works to structures that were fundamentally fine. Permitted development empowered National Highways to impose its preferred method of managing these assets.’

A National Highways spokesperson told Highways: ‘We refute in the strongest terms any insinuation that there were willing breaches of statutory obligations.’

Highways InProfile

latest magazine issue
Highways jobs

Project Lead - Bridges and Structures WMF3037e

£45,718 to £46,731
We are currently seeking to recruit a Project Lead to join our Bridges and Structures team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Traffic Management Technician - WMF3040e

£27,711 - £28,624
Are you an organised and motivated individual who wants to make a difference to how our roads are managed? Cumbria / Various
Recruiter: Westmorland and Furness Council

Traffic Management Officer - WMF2114e

£37,035 - £37,938
Are you an experienced and motivated professional looking to take the next step in your traffic management career? Cumbria / Various
Recruiter: Westmorland and Furness Council

Senior Transport Planner

£47,532 - £50,574
Royal Greenwich is a borough synonymous with first class modern services Greenwich, London (Greater)
Recruiter: Royal Borough of Greenwich

Technician - Highway Inspector

Grade 8 £28,797 - £30,708 per annum (Pay Award Pending)
Within the Highways Maintenance Team we are looking for an enthusiastic, customer focused and experienced person to join the Service Derbyshire
Recruiter: Derbyshire County Council

Project Delivery Senior Team Leader

£74,480 - £85,964
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification) Glasgow City
Recruiter: Transport Scotland

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
Westmorland and Furness Council is seeking an organised and enthusiastic individual to join our South Lakeland team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Bulky Operative

£25,584.00 - £27,269.00, Grade 5, 37 hours, Permanent.
An opportunity exists in the Council’s Street Scene Services for a Bulky Operative Wakefield, West Yorkshire
Recruiter: Wakefield Council

Project Delivery Team Leader

£57,710 - £71,842
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification). Glasgow City
Recruiter: Transport Scotland

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Shared Service Manager (Waste) North Herts Council

£52000 - £61000 per annum
Shared Service Manager (Waste) North Herts CouncilNorth Herts CouncilPermanent, Full Time£52,866 - £61,866 per annum, plus car allowance (pay award pe England, Hertfordshire, Letchworth Garden City
Recruiter: Essex County Council

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
This is a key support role, helping to deliver a wide range of traffic and road safety schemes across South Lakeland. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Flood Risk Engineering and Strategy Officer

£49,764 - £55,623
In line with our One Coventry Values, we want to ensure that our communities are represented across our workforce Coventry, West Midlands
Recruiter: Coventry City Council

Senior Integrated Transport Officer

£34,324 - £37,529
Are you an experienced transport planning professional ready to influence strategic policy and drive real change Matlock, Derbyshire
Recruiter: Derbyshire County Council

Roadworker Trainee LGV Driver (3 Posts)

Grade 6 £25,183 - £25,638 per annum (Pay award pending)
We’re looking for Roadworker/trainee LGV drivers to be part of our team undertaking major highway, bridge and related construction and reconstruction Derbyshire
Recruiter: Derbyshire County Council

Engineer

£44,430 - £51,663
This post is within the Highways Design and Delivery Team. London (Greater)
Recruiter: Tower Hamlets London Borough Council

Civil Enforcement Officer - WMF3013e

£27,711 -£28,624
Are you seeking an active and challenging role, part of a friendly and welcoming team? Cumbria / Various
Recruiter: Westmorland and Furness Council

UGO Bus Driver

Up to £25081.00 per annum
UGO Bus DriverPermanent, Part TimeUp to £25,081 per annum (full time equivalent)Location
Recruiter: Essex County Council

Head of Highways Operations

Salary
Somerset Council
Recruiter: Somerset Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW