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APPENDIX B: PROPOSALS FOR CLOSURES TO BE TREATED AS MINOR MODIFICATIONS
Introduction
1. The Railways Act 2005 (the Act) allows for certain types of closure to be treated as 'minor modifications'. Minor modifications are excluded from the closure procedures set out in Sections 22 to 31 of the Act.
2. Section 34 of the Act sets out the powers of the Secretary of State and Scottish Ministers to determine that certain closures of railway passenger services, network 12 and stations are 'minor modifications'. A closure is a minor modification if it has been determined as such or falls within a description of eligible closures.
3. Section 35 of the Act describes the type of closure proposals that are eligible to be treated as minor modifications. It also gives a power to the Secretary of State or Scottish Ministers to make an Order that any other description of closures which are temporary or have only a limited effect on the provision of railway passenger services should be treated as minor modifications.
4. This document proposes types of closure that might be included in such a determination; and also in such an Order.
Determinations under Section 34 of the Act
5. Section 34(1)(a) of the Act covers individual proposals eligible to be treated as a minor modification under sections 35 of the Act, by a determination made in relation to that specific proposal.
6. Section 34(1)(b) of the Act allows the Secretary of State or Scottish Ministers to make by order, a determination that covers a description of closures to be eligible to be treated as a minor modification under Section 35 of the Act. Proposals may therefore be treated as minor modifications if they fall within the description in such a determination.
Eligibility under Section 35 of the Act
7. Sections 35 (1) and (2) of the Act set out that the discontinuance of a railway passenger service or part of a network is eligible to be treated as a minor modification. In the case of passenger services this is so far as the service is a service on a stretch of line along which there is no station (or no station in use). In the case of part of a network this is so far as that part of the network consists of a stretch of track along which there is no station (or no station in use). For both passenger services and part of a network the circumstances need to be such that-
(a) trains that would otherwise use that stretch of line in travelling between two stations will instead pass along an alternative route; and
(b) passengers travelling on such a train will not be required to make additional changes and will not incur significant increases of journey times.
8. Section 35(3) of the Act also allows for the discontinuance of a part of a network to be eligible to be treated as a minor modification where that part of the network consists of a stretch of track which does no more than serve a station or light maintenance depot, or some part of it, and the circumstances are such that-
(a) that part of the network is not necessary for the operation or use of a station, or part of a station, for the purposes of or in connection with the provision of railway passenger services; or
(b) the operation or use of such station or part of a station as is served by that part of the network is or has been the subject of a proposal which is a proposal for a minor modification.
9. Section 35(4) of the Act allows for the discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as-
(a) that part of the network consists of installations associated with any such stretch of track as is mentioned in subsection (2) or (3); and
(b) the circumstances are as mentioned in that subsection.
Proposed determination
10. Based on experience of the types of proposals that were put to the Strategic Rail Authority ( SRA) for determination as minor closures under the Railway Act 1993, as amended by the Transport Act 2000, this document proposes a number of types of closure that may be appropriate to treat as minor modifications and therefore included in a determination under section 34(1)(b).
Closure of Network (other than track)
11. Section 35(5)(a) of the Act, allows for a closure proposal to be treated as a minor modification where the proposal is to discontinue a part of the network (other than track) and the operation of it is deemed to be not necessary for or in connection with the provision of railway passenger services.
12. Given the relevant definitions of Track and Network noted above, this document proposes that any installation associated with the network other than the track itself should be eligible to be treated as a minor modification ( e.g. signalling equipment). Any Network Change proposal should highlight these potential closures.
Closure of Part of a station
13. Under Section 29 of the Act, proposals to close part of a station are subject to the main closure procedure unless under Section 29(1)(e) of the Act the proposal is a proposal for a minor modification. Section 35(5)(b) of the Act allows for a closure proposal to be treated as a minor modification where the proposal is to discontinue a part of a station and the operation of it is deemed to be not necessary for or in connection with the provision of railway passenger services. In accordance with that section and drawing on experience of previous guidance on minor closures under the Railways Act 1993 and Transport Act 2000, this document suggests scenarios for closures of parts of a station eligible to be treated as a minor modification.
14. The following types of closure were determined on an individual basis by the SRA as a minor closure under the Railways Act 1993, as amended by the Transport Act 2000:
(a) the demolition of structures within a station, for example: station toilets; waiting shelters; platform canopies; or footbridges (including where they have been relocated to another part of the station);
(b) the permanent closure of any station facilities, for example the locking out of use of: toilets; waiting rooms; shelters; or footbridges (even though the structures remain in place);
(c) the relocation of, or reduction in size of, a car park, for example due to the sale of station land;
(d) the reduction in length or removal of a platform;
(e) the conversion of part of a station to use that is not station related (such as retail), for example the conversion of a ticket office into a cafeteria;
(f) the closure of all or part of a station approach road or footpath route to a station; and
(g) the removal of portable buildings or Glasdon units (Ticket Collection booths).
Scenarios proposed to be determined as minor modifications under the Railways Act 2005
15. Given past experience of minor closure determinations, this document proposes the following scenarios to be described and determined as minor modifications.
Scenario a)
closing an area of land used for car parking (associated with a station) where a new area of land for car parking is brought into use.
Background
Where land at a station is wanted for another purpose, and there is an opportunity to exchange it for another parcel of land (which may or may not be brought into the station lease area) it is proposed that a closure under these circumstances could be covered by a minor modification in the following circumstances:
- There is no reduction in the number of car parking spaces provided. If there is then it must be demonstrated that the proposed capacity is sufficient to meet current and projected demand;
- The location is no less convenient for users; and
- The new car park is fully compliant with current legislation and guidance on accessibility and security at railway stations.
The minor modification would only cover situations in which the new area of car parking is provided before (or at least at the same time as) the existing area is closed.
If an associated land disposal is proposed, the minor modification will also be dependent on the Office of Rail Regulation granting consent for disposal of any land under the Network Licence Condition 26 (disposal of land).
Scenario b)
closing of temporary car parks
Where works to a station car park result in the need for a temporary car park to be provided whilst those works are being carried out, there should be no requirement for the temporary car park to be subject to any closure procedure when the original car park is reopened. This is provided that there is no reduction in the number of car parking spaces available in the new permanent car park and this car park is fully compliant with current legislation and guidance on accessibility and security at railway stations.
Where an opportunity to open an additional car park at a station for a limited lease period becomes available, this should be encouraged and not subject to closure provided the lessee has used reasonable endeavours to try to obtain additional car parking on expiry of the lease.
Scenario c)
Closing all or part of an approach route to a station
Regardless of the owner of the station approach, an approach route being outside the station lease area could still count as being a part of the station liable to closure for the purposes of the Act. Including this type of closure as a minor modification would allow changes to station approaches to be made without the need to go through the main closure procedure. This would appear to be helpful when this was necessary as a result of work taking place outside or near the station.
The following criteria would also need to be satisfied:
- The new approach must not be less convenient for passengers ( e.g. no significant increase in walking distance to, or from, the station);
- Access to the station must be maintained at all times; and
- The approach route is fully compliant with current legislation and guidance on accessibility at railway stations.
Scenario d)
closing part of a station where a facility is no longer needed or required in the foreseeable future in connection with the provision of railway passenger services.
This would allow for facilities not required to be removed without being replaced as their removal would have no effect on passengers and passenger services.
Examples of this include:
(i) a subway where its function is already being carried out by another structure at the station (such as a footbridge fully compliant with current legislation and guidance on accessibility at railway stations);
(ii) the removal of a barrow crossing (where alternative access fully compliant with current legislation and guidance on accessibility at railway stations is already available;
(iii) a platform and facilities on it (such as a waiting shelter or footbridge) where the platform is no longer required for use by passenger train services; and
(iv) the reduction in length of a platform where the reduced length of the platform is sufficient for the length of trains that will use it.
Scenario e)
Closing part of a station where that facility is replaced (in a different location) by a facility with the same or better size and the same or better function.
Background
There have been a number of past occasions where a facility has been moved elsewhere within the station without any disadvantage to users (such as waiting shelters, portable buildings, cycle sheds or lockers) or where an existing facility was demolished, to be replaced by a new facility in a different place.
This type of closure would normally have only a slight effect on the station usage as the facility is replaced elsewhere on the station and there is no deterioration in the quality of service it provides.
This document suggests that this type of proposal should be subject to minor modification description, even though a part of the station has not been discontinued, because the function carried out by that facility is being carried out elsewhere on the station. Nevertheless, certain potential implications need to be addressed to ensure that there has not been deterioration in the quality of overall station services.
An example would be the demolition of a shelter on a platform, replaced with a new shelter (of at least equal capacity) on the same platform, but in a different position. It is essential to ensure that no compromises have been made to security cover or accessibility as a result of the relocation.
Taking the example above, although there has been no loss of the function provided by the shelter, the Secretary of State or Scottish Ministers needs to ensure that by allowing the description of this closure to be included in a determination, in individual cases if the facility was covered by CCTV prior to its relocation, then it will continue to be covered to the same or better standard in the new location. Assurance would also need to be given that accessibility to the facility has not decreased in the new location.
These criteria would apply to the relocation of any structure or piece of equipment within the station.
Scenario f)
Closure of a car park operated by a 3rd party where there is no contractual relationship with the railway
Background
In some instances, railway passengers may use a public car park operated by a 3rd party car park operator, or local council that is in close proximity to a railway station when making journeys on the railway. In such circumstances, it could be argued that that car park is being used "in connection with the provision of railway passenger services" and therefore falls within the legislation regarding closures. However, it is difficult for an operator, who would be liable under the closure provisions, to exert any control over the 3rd party where no contract exists for the allocation of designated railway passenger car parking spaces.
Including this type of closure as a minor modification would acknowledge the limited influence that the station operator has in this circumstance. To qualify under this description, the station operator would have to have satisfied the following criteria;
- There is sufficient car parking capacity available in the station car park that falls within the station lease area
- If there is insufficient car parking capacity in the station car park, the station operator has used reasonable endeavours to enter into a contract with the 3rd party car park operator to secure a number of dedicated rail user car parking spaces in their car park.
- In the event the closure of the 3rd party car park will cause capacity problems for the station car park, the station operator is able to demonstrate to the Secretary of State or Scottish Ministers that they have viable proposals for enhancements to the station car parking capacity.
Closures of a temporary nature or of limited effect
16. Under Section 35(6) of the Act, the Secretary of State or Scottish Ministers may provide by Order that closures of any description are to be treated as a minor modification because of their temporary nature or limited effect on the provision of railway passenger services. This document proposes that the following circumstances be included in such an Order:
(a) When a temporary facility is provided at a station to replace a facility, a minor modification would not be required for the removal of the temporary facility once the original facility came back into use.
(b) Otherwise, for a closure to be treated as being of a 'temporary nature', the intention must be that the closure of the facility is not intended to be permanent. Closure would be required should a facility permanently cease to be available. The precise application of the definition of permanent would depend on the specific circumstances of each case, but it is not likely that the closure of a facility which was not available for more than a year would be treated as being of a 'temporary nature'. This will ensure that 'closure by stealth' (where a facility is not available for more than 5 years and does not therefore require closure) does not take place.
(c) For a closure to be treated as being of a 'limited effect', the impact of the closure must not be either:
(i) widespread in the area it covers;
(ii) significant in its impact in terms of the number of passengers affected and the impact on those passengers.
The precise application of the definition of 'limited effect' would depend on the specific circumstances of each case.
Circumstances not covered by the closure procedure and not to be treated as minor modifications
17. The SRA, in examining proposals for minor closures under the Railways Act 1993 as amended by the Transport Act 2000, concluded that the following proposals did not require any closure consent, including minor closure:
(a) the closure of commercial retail outlets located within station premises;
(b) the demolition of a structure or station facility when it is replaced in substantially the same position;
(c) the change in use of part of a station, provided the new use is related to the functions of a station and not for commercial retail purposes. For example the conversion of a waiting room into a ticket office would not normally have required a closure determination.
This document proposes that this interpretation will be used in determining casework under the Railways Act 2005 procedures.
Process
18. All closures not covered by a determination under Section 34 (1) (b) proposed as a minor modification will be considered on an individual basis by the Secretary of State or Scottish Ministers under Section 34(1)(a).
19. If there are a number of similar closures proposed as a minor modification under Section 34(1)(a), then the Secretary of State or Scottish Ministers may make an order to add the description to a new determination. Subsequent proposals that meet this description can then be determined under Section 34(1)(b).
Conclusion
20. Under Section 42 of the Act, the Secretary of State and Scottish Ministers have a duty to publish guidance in connection with the Closure provisions contained within Part 4 of the Act. This document has sought to define those types of closure that can be described within a determination as a minor modification and outline the process for how these are treated.
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