Cyngor Bro Morgannwg
Vale of Glamorgan Council

Thank you for consulting us on the Vale of Glamorgan Replacement Local Development Plan. This email forms for the basis of our response.

Network Rail is a statutory undertaker responsible for maintaining and operating the country’s railway infrastructure and associated estate. Network Rail owns, operates, maintains and develops the main rail network. This includes the railway tracks, stations, signalling systems, bridges, tunnels, level crossings and viaducts. The preparation of development plan policy is important in relation to the protection and enhancement of Network Rail’s infrastructure.

This representation focuses specifically on housing allocation HG1(9) – Land north of the railway line, Rhoose, and in particular on matters relating to movement, connectivity, and the treatment of the existing Public Right of Way (PRoW) within and adjoining the allocation.

HG1 (9)- Land Noth of the railway line Rhoose

Under this reference 339 houses are allocated on land north of the railway line, Rhoose. A planning application (2022/00733/FUL) is currently in progress on this site and Network Rail have been engaging with both the Local Planning Authority and the developer on the proposed development and the impact the houses with have on level crossing risk.

Network Rail acknowledges the strategic role of Policy SP6 – Housing Requirement in meeting identified housing needs across the Vale of Glamorgan and recognises the importance of allocating sufficient land to deliver new homes over the plan period.

However, the delivery of housing under Policy SP6 must be achieved in a manner that is safe, sustainable, and supported by appropriate infrastructure and mitigation. In this regard, Network Rail’s position in relation to HG1(9) is not one of objection to housing delivery, but rather a concern that development must not proceed in the absence of measures necessary to mitigate the demonstrable safety impacts arising from increased use of the Happy Valley Public Right of Way level crossing.

Network Rail has consistently objected to residential development on land north of the railway line at Rhoose where proposals have come forward in the absence of appropriate mitigation to address increased risk at the Happy Valley PRoW level crossing. Through detailed risk assessments and sustained engagement with the Local Planning Authority, Network Rail has set out clear evidence that development of this site would result in a material increase in the number of users traversing the level crossing, which is currently used as a local community and recreational route and provides a direct pedestrian link across the Vale of Glamorgan line. It has been communicated directly to the Local Planning Authority and discussed with the developer, that a Grampian-style condition that would allow development to commence while ensuring that no occupation occurs until a diversion order submitted and decided under Section 257 of the Town and Country Planning Act 1990.

The allocation for HG1 (9) should therefore acknowledge that appropriate mitigation for the level crossing is required, in this case the stopping up and diversion of the public right of way over Happy Valley Level Crossing.

Any development of land which would result in a material increase or significant change in the character of traffic using rail crossings should be refused unless, in consultation with Network Rail, it can either be demonstrated that the safety will not be compromised, or where safety is compromised serious mitigation measures would be incorporated to prevent any increased safety risk as a requirement of any permission.

In this context, the RLDP should ensure that housing delivery under Policy SP6 is explicitly contingent upon the resolution of known mitigation requirements, including those relating to the Public Right of Way and associated level crossing at Rhoose.

Candidate Sites – Porthkerry Road, Rhoose (2)

It is noted a number of candidate sites are proposed as part of the replacement local development plan. This potential site is proposed for housing and sits just north of the allocated HG1 (9) site. It should be noted that should the diversion not happen under application 2022/00733/FUL, we would have concerns about this potential allocation north of the site and so, we would look for a built intervention to provide mitigation at the crossing as a pre requisite to ensure level crossing risk is appropriately mitigated.

We trust these comments will be useful in the preparation of the forthcoming plan documents.