The West Midlands Rail Freight Interchange Order 2020

PART 2 U.K. RAIL REQUIREMENTS

Interpretation U.K.

31.  In this Part of this Schedule—

“rail terminal works” means the works required to construct and provide a rail terminal capable of handling at least four trains a day;

“rail terminal” means the rail terminal constructed as a result of and upon completion of the rail terminal works;

“rail provision milestones” means the actions, and the timing related thereto, set out in requirements 40 and 41 (rail provision milestones);

“undertaker” has the same meaning as sub-paragraph (a) of the definition of “undertaker” in article 2 (interpretation); and

“GRIP 3”, “GRIP 4” and “GRIP 5” relate to Network Rail's Governance for Rail Investment Projects current at the date of this order.

Rail Provision U.K.

32.  The undertaker must comply with all the rail provision milestones unless otherwise agreed with the local planning authority.

33.  The undertaker must keep the local planning authority advised of progress in respect of all the rail provision milestones on a quarterly basis including providing copies to the local planning authority of any material formally submitted to all bodies in pursuance of compliance with the rail provision milestones, if requested. U.K.

34.  The undertaker must notify the local planning authority of the date of the first occupation of more than 47,000 square metres of warehousing and 186,000 square metres of warehousing within 28 days of such occupations occurring. U.K.

Rail Infrastructure U.K.

35.  The undertaker must complete the rail terminal works prior to the earliest of—

(a) the occupation of more than 186,000 square metres of warehousing; or

(b) the sixth anniversary of the first occupation of more than 47,000 square metres of warehousing.

36.  The undertaker must pursue the completion of the rail terminal works as expeditiously as possible following the commencement of their construction. U.K.

37.  Following completion of the rail terminal works the undertaker must retain, manage and keep the rail terminal works available for use. U.K.

Rail Support U.K.

38.  The undertaker must appoint a rail freight co-ordinator at least 3 months prior to the submission of the application for approval of GRIP 3 referred to in paragraph (1) of requirement 40 (rail provision milestones) who must report to the local planning authority no less than once a quarter on—

(a) the progress towards meeting the rail provision milestones;

(b) the progress of the rail terminal works; and

(c) the operation of the rail terminal when open including—

(i) the appointment of a rail operator to operate the rail terminal;

(ii) the amount of rail freight usage of the rail terminal;

(iii) the number of trains using the rail terminal;

(iv) the warehousing receiving or sending goods through the rail terminal; and

(v) the amount of goods being received or sent through the rail terminal by freight handlers not occupying the warehousing.

39.  The undertaker must maintain a person in the position of rail freight co-ordinator throughout the life of the authorised development unless otherwise agreed with the local planning authority. U.K.

Rail Provision Milestones U.K.

40.—(1) The undertaker must submit an application to Network Rail for approval of the matters required to be considered as part of GRIP 3 by Network Rail prior to commencement of the authorised development and thereafter pursue such application expeditiously.

(2) The undertaker must submit an application to Network Rail for approval of the matters required to be considered as part of GRIP 4 by Network Rail within 3 months of the approval of the matters approved under sub-paragraph (1) and thereafter pursue such application expeditiously.

(3) The undertaker must identify and apply to Network Rail for the necessary track possessions required to enable the carrying out of the rail terminal works by no later than 14 days from approval of the matters approved under sub-paragraph (2) and thereafter pursue such application expeditiously.

(4) The undertaker must submit an application to Network Rail for approval of the matters required to be considered as part of GRIP 5 by Network Rail within 12 months of approval of the matters approved under sub-paragraph (2) and thereafter pursue such application expeditiously.

41.  The undertaker must progress the approvals referred to in paragraphs (a) to (d) as expeditiously as possible following the commencement of the authorised development— U.K.

(a) the approval of all of the detailed design information (as defined in paragraph 2 of Part 3 of Schedule 13 (protective provisions) for Works No. 4 (A5/A449 link road) pursuant to paragraph 3 of Part 3 of Schedule 13;

(b) the obtaining of a variation to the existing environmental permit issued under the Environmental Permitting (England & Wales) Regulations 2016 relating to the remediation of the SI land;

(c) the obtaining of any approvals required from Network Rail in connection with the construction of the rail terminal works pursuant to the provisions of Part 1 of Schedule 13; and

(d) the obtaining of all other consents required to lawfully construct the rail terminal works.