Go-ahead for Rother Valley Railway revival
Transport & Works Act Order granted, including compulsory purchase powers.
THE reinstatement as a heritage railway of the missing rail link between Bodiam and Robertsbridge Junction, a station on the Tonbridge to Hastings main line, has been given the go-ahead following the granting of a Transport & Works Act Order (TWAO).
The order was applied for by Rother Valley Railway Limited (RVR), working in partnership with the Kent & East Sussex Railway which operates the existing heritage line between Tenterden and Bodiam.
Planning permission was granted on March 22, 2017. The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order was applied for on April 19, 2018. The public inquiry relating to the TWAO was held between July 6 and August 4, 2021 – plus September 2/3, 2021. The order was granted on May 9, 2023.
The anticipated cost of the Order scheme is £5.3 million which RVR confirms will be funded by the Rother Valley Railway Heritage Trust through donations, with no call on the public purse. This is how the railway has been constructed to date from Bodiam to the former site of Junction Road Halt and between Robertsbridge station and Northbridge Street, including the construction of the station at Robertsbridge via two major benefactors who have additionally committed to provide grant funding for the outstanding works.
Although the decision letter refers to the decision of ‘the Secretary of State’, the decision was taken by the Parliamentary Under Secretary of State, Baroness Vere. By law, decisions must be issued in the name of the Secretary of State. It should be noted that Huw Merriman was not involved in the decision on this application because of a conflict of interest following previous statements made on this case.
Powers
The TWAO also authorises the acquisition of land and rights over land and the temporary use of land in connection with the railway in case it is not possible to acquire the necessary interests by agreement. The current owners of Moat Farm and Parsonage Farm were strongly opposed to the Order. The Secretary of State agreed with the inspector’s overall conclusion that there is a compelling case in the public interest for conferring on RVR compulsory purchase powers to obtain the relevant sections of trackbed. The adverse impacts would be sufficiently limited to be outweighed by the benefits likely to result from the Order scheme, the most significant of which would be its likely contributions to the economy and the facilitation of sustainable tourism.
A key issue with the project was the introduction of level crossings on the A21, Northbridge Street and Junction Road. At the close of the inquiry, RVR’s Departure from Standards Application to National Highways had not been approved which the inspector noted would be a significant impediment to the Order scheme. Since the close of the inquiry, this has now been approved and National Highways has withdrawn its objection and given its consent for access to the A21 under section 175B of the Highways Act 1980.
The impact on traffic on the main London to Hastings road was found to be acceptable and there remains no confirmed plans yet for dualling the A21 at this location.
The policy of the Office for Rail and Road (ORR) is that new level crossings should only be considered appropriate if there is no reasonably practical alternative or if the alternative costs are grossly disproportionate when weighed against the railway safety benefits. ORR concluded that in relation to railway safety and costs of potential alternatives its policy tests are met – and the three proposed level crossings are tolerably safe with no practicable alternatives.
Like the inspector, the Secretary of State concluded that the overall effect in terms of flood risk, air quality, water and waste discharge and noise of the Order scheme would have a negligible impact on air quality and noise – and it would not weigh either for or against the Order scheme.
RVR’s air quality assessment indicated that the background pollutant concentrations in the vicinity of the rail corridor are well below the national air quality objectives and found that the air quality effects as a result of the construction and operational phases of the scheme would be unlikely to be significant. The likely air quality impacts – Nitrogen Oxides (NOx) and particulates (PM10) – associated with the proposed engine shed at Robertsbridge and each of the three proposed level crossings at sensitive receptors were also judged to be negligible.
Approach
RVR’s Environmental Statement (ES) included an assessment of the potential impacts of the Order scheme on ecology and biodiversity. The Secretary of State noted that RVR was denied access to the 3.4km route to undertake ecological survey work by the landowners and as such the ES did not include site surveys within the Order scheme. The ecological impact and mitigation of the scheme has been based on a desk-based assessment, observations made from public footpaths/roads and professional judgement to determine the likelihood of habitats and species being present on the site. Legally protected species which could logically be present have been scoped in as opposed to scoped out.
The precautionary approach taken by RVR and the proposed mitigation was determined as being appropriate by the local planning authority, and neither Natural England nor the Environment Agency raised an objection in principle to this approach.
Reacting to the granting of the TWAO, Mike Hart OBE, trustee, Rother Valley Railway Ltd said: “The decision is warmly welcomed by RVR and our colleagues at Kent & East Sussex Railway (K&ESR). We are looking forward to working with everyone to bring the new railway to fruition.
“Work will start at the earliest opportunity to carry out the land and ecological surveys. Substantive physical works are unlikely to start before next year. Once the reconnection is complete, visitors from all over the country will be able to come to Robertsbridge by mainline railway before boarding a K&ESR heritage train to visit Bodiam Castle, Tenterden Town and other local attractions.
“We look forward to working with others to get the job done and the reopening of the K&ESR through to Robertsbridge Junction station.”
■ The TWAO documents, including application, decision and report can be read at www.gov.uk/government/ publications/bodiam-torobertsbridge-junction-ordertransport-and-works-act-order.