The planned new Ashchurch Bridge over Rail (ABoR) is an essential infrastructure scheme first identified within the transport strategy for the adopted Cheltenham, Gloucester and Tewkesbury Joint Core Strategy (JCS), but which it is considered could now also support delivery of the first phase of the Tewkesbury Garden Town.

The ABoR is being enabled by a capital grant of £8,132,465 from the Government’s Housing Infrastructure Fund (HIF), an investment programme promoted by the former MHCLG (now DLUHC) to support housing delivery through the funding of vital physical infrastructure such as roads and bridges deemed to be challenged with marginal viability concerns.

Planning permission for the ABoR was granted in March 2021 and the scheme is well progressed with work currently focused on the detailed design and preparation for the selection of a construction partner early in the new year, with the aim of commencing construction work on site by the Spring.

A critical workstream in support of the delivery of the scheme involves maintaining an effective working relationship with Network Rail (NWR) in order to secure the necessary regulatory consents and clearances to access and work within the rail environment. These consents and clearances are encapsulated within the following suite of agreements:

• Basic Asset Protection Agreement (BAPA) – purpose being to protect the railway and enable NWR to formally approve the design and ultimately monitor the construction of the new bridge
• Overbridge Agreement – purpose being to protect the rail infrastructure, grant access to NWR land and detail the new structure maintenance requirements, hence will be a three-party agreement involving GCC also
• Deed of Grant – purpose being to confirm the rights to construct and operate an overbridge in the rail ‘airspace’, normally sold for a premium in terms of the land value uplift arising from the associated housing/commercial development, but in this case is being offered via an easement in return for a commitment to close the Northway (Grange Road) level crossing

The BAPA is being progressed now, whilst the Overbridge Agreement and Deed of Grant will be finalised over the next few weeks, for signature before the procurement of a construction contractor.

All of the above agreements are in draft form but are at various stages of legal review and refinement through negotiation. The full suite of agreements must be in place before works can start on site, however, the BAPA is a priority to get agreed first as it is required to enable NWR to formally consider the emerging detailed designs, working methodologies and delivery schedule for the scheme, including the provisional booking of time slots, known as ‘possessions’, for when the construction contractor will need working access to the rail environment. Clearly this requirement needs careful and timely forward planning in view of the implications for the safe operation of the railway and also the potential impact on the train operating companies using it.

As the works are customer led, they are termed ‘outside party’, consequently the BAPA also makes essential provision for the costs of NWR’s engagement with the project (estimated as £279,000), hence why time critical to formalise now to enable the scheme to proceed efficiently and the team to engage constructively with NWR through its final phase of detailed project planning.

Decision to enter into the Basic Asset Protection Agreement (BAPA) with Network Rail in relation to the design and construction of the planned new over rail bridge at Northway/Ashchurch.

The consents and clearances necessary to access, work and place a new structure within the rail environment is governed by the rail industry regulator, the Office of Rail and Road (ORR) and are mandatory requirements. Furthermore, as the recipient of the enabling HIF investment funding, the Council is the ‘client’ for the ABoR scheme and therefore, there is no alternative mechanism or route for engaging NWR and securing their formal approval of the scale, nature and timing of works to construct the new overbridge.

The project team have delayed finalising the BAPA until able to confirm the final design and detail the planned schedule of works, but now need NWR’s formal engagement (facilitated by the prompt signing of the BAPA) in order to complete the detailed design phase and prepare for the procurement of the construction contractor.

At this final stage in the detailed planning of the project and without the BAPA in place, NWR have made it clear that they will be unable to engage any further with the project team. It should be noted however, that aside of NWR’s engagement in approving the detailed design, most of the obligations and liabilities outlined in the BAPA only come into effect once the project formally enters its construction phase and a contractor (appointed by the Council) is physically working on site.