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Council minutes, agendas and reports

Issue - meetings

Transport Works Acts Order known as "The Network Rail (Church Fenton Level Crossing Reduction) Order"

Meeting: 23/08/2022 - Executive (Item 58)

58 Transport Works Acts Order known as "The Network Rail (Church Fenton Level Crossing Reduction) Order" pdf icon PDF 398 KB

Recommendations - To approve:

i.     The making of representations and/or objections in respect of the draft Network Rail (Church Fenton Level Crossing Reduction) Order.

ii.    The contents and submission of any representations and /or objections be delegated to the Corporate Director Business and Environment in consultation with the Executive Member and Corporate Director, Strategic Resources.

iii.    The submission of a joint response with Selby District Council if appropriate.

iv.   Continuing to negotiate with Network Rail on representations and or objections made in respect of the Network Rail (Church Fenton Level Crossing Reduction) Order

v.    Engaging in the preliminary stages of the Public Inquiry process including but not limited to preparation of statements and proofs of evidence.

Additional documents:

Minutes:

Considered: A report of the Corporate Director - Business and Environmental Services advising the Executive on the TWAO known as The Network Rail (Church Fenton Level Crossing Reduction) Order, and seeking authorisation to respond to the draft TWAO which may include objecting to the TWAO. 

 

County Councillor Keane Duncan introduced the report and drew attention to the outstanding technical issues that still needed to be resolved, as detailed in the report  He noted that if those issues remained unresolved by the end of the consultation period, the County Council would have to submit representations or an objection to the TWAO, which may lead to the Council being involved in a public inquiry. 

 

Karl Battersby, Corporate Director - Business and Environmental Services confirmed the Authority had already reached a verbal agreement on the outstanding technical issues, and stressed it was an issue of timing, to formally reach agreement before the end of the consultation period.  He also confirmed:

·          The risk was low of Network Rail not constructing to the specification required by the Authority

·          If representations or an objection was submitted, requiring a public inquiry, it would likely delay the project by a year;

·          If outstanding issues were resolved, an objection could be withdrawn prior to a public inquiry being initiated;

 

Having considered the report and the information provided at the meeting, the Executive

 

Resolved – To approve:

i.     The making of representations and/or objections in respect of the draft Network Rail (Church Fenton Level Crossing Reduction) Order.

ii.    The contents and submission of any representations and /or objections be delegated to the Corporate Director Business and Environment in consultation with the Executive Member and Corporate Director, Strategic Resources.

iii.    The submission of a joint response with Selby District Council if appropriate.

iv.   Continuing to negotiate with Network Rail on representations and or objections made in respect of the Network Rail (Church Fenton Level Crossing Reduction) Order

v.    Engaging in the preliminary stages of the Public Inquiry process including but not limited to preparation of statements and proofs of evidence.