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08/12/2022 - Basic Asset Protection Agreement (BAPA) with Network Rail ref: 4166 Recommendations Approved
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 Maker: Corporate Director
Decision published: 03/01/2023
Effective from: 08/12/2022
Decision:
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.
Lead officer: Democratic Services