The petition of businesses of Hastings and the wider area of East Sussex south of Robertsbridge,
Declares that suppliers of businesses based south of Robertsbridge utilise the A21 as the main road in and out of Hastings and its environs to deliver raw materials and goods, and in turn businesses use the A21 to deliver our products across the UK and overseas; and further that the building of a level steam crossing on the A21 will have a severe impact on the timeliness and efficiency of the transport of goods in and out of the Hastings area.
The petitioners therefore request that the House of Commons urge the Government to request that the planning permission be withdrawn.
And the petitioners remain, etc.—[Presented by Helena Dollimore, Official Report, 11 September 2024; Vol. 753, c. 5P.]
[P003008]
Observations from the Parliamentary Under-Secretary of State for Transport (Lilian Greenwood):
Transport and Works Act orders are granted by the Secretary of State under the Transport and Works Act 1992 and they are the usual way of authorising guided transport schemes including amendments to heritage railways in England and Wales. In the case of the level crossing on the A21, a TWAO application was made by Rother Valley Railway to the Department for Transport for a TWAO in April 2018 to reinstate a section of heritage railway track between Udiam and Robertsbridge which would complete the rail link between Bodiam and Robertsbridge Junction and link the existing sections of track to the main line. This included the introduction of a number of level crossings across the public highway including the A21 at Robertsbridge. An opportunity was provided for anyone to make comments on this application and following receipt of objections the then Secretary of State held a public inquiry into this application in July 2021.
The public inquiry was chaired by an independent planning inspector organised by the Planning Inspectorate and interested parties were given a chance to present their cases to the inspector. Once the inquiry concluded, the inspector provided a recommendation to the Secretary of State on whether to approve the application and proposed modifications on 19 January 2023. Informed by this, a decision was made to approve the TWAO by the Secretary of State on 19 April 2023. A copy of the decision letter and inspector’s report, which included consideration of the level crossing on the A21 can be found here: https://www.gov.uk/government/publications/bodiam-to-robertsbridge-junction-order-transport-and-works-act-order.
The introduction of a level crossing across the A21 was given extensive consideration during the public inquiry. The inspector considered the proposals put forward for a level crossing over this road and its compliance with the design manual for roads and bridges. This sets out standards, advice notes and other documents relating to the design, assessment and operation of trunk roads, including motorways in the United Kingdom. Specifically, the proposed level crossing falls into a category that required a “departure from standards” application, which was considered independently by National Highways’ safety, engineering and standards division.
As set out at paragraphs 22 to 24 of the decision letter, National Highways, following an extensive review of the “departure from standards” submission made by RVR, formally approved the departure from standards on 2 August 2022. The Secretary of State at the time noted that National Highways’ initial objection to the order scheme dated 31 May 2018 was withdrawn on 4 August 2022 and that it was satisfied that the queues and delays likely to be associated with the operation of the A21 level crossing are unlikely to adversely affect the free flow of traffic on the A21. The inspector concluded that the effect of the proposed level crossing on the free flow of traffic and congestion on the A21 would be acceptable and would not weigh materially against the order scheme which was agreed.
An application under the TWA can be made to the Secretary of State seeking the revocation of an existing TWAO, and the usual rules and procedures applying to an application for a TWAO would apply. Alternatively, a TWAO can be revoked or amended using powers under section 7 of the TWA, for reasons relating to delivery of defence infrastructure, safety or where the order appears to be spent. As the need to revoke the order does not relate to defence infrastructure and it could not be described as spent, our sole power would be if it appears necessary or expedient in the interest of safety, or in consequence of the abandonment or neglect of any works. There is no suggestion of abandonment or neglect of any works. On the issue of safety at level crossings, this was considered extensively through the public inquiry and by the then Secretary of State and is addressed in the decision letter. There is no suggestion that the safety position considered then has changed.