Byelaws and the road outside a railway station / network rail land

[CroydonQ]

I am trying to find out the extent to which the railway byelaws extend to a road outside of a train station (or really to any network rail land)...

I am specifically looking at Sanderstead train station: https://maps.app.goo.gl/kPYd1LaKSomnJVkd9

The Google maps streetview are slightly out of date, but, there is a road (station road) which leads to a car park and the railway station. There is now a Tesco and large block of flats (replacing the row of small shops), as well as a motorcycle dealer, and access to the rear of various residential properties. There are parking bays outside the Tesco at the start of the street which are pay and display using a Croydon council ticket machine (there's also a sign with croydon council logo on). The lampposts also look different with green bands (the southern colours?).

It seems the road is a private road not maintainable at public expense. I have paid for various land registry records and it's not clear who might own it (unfortunately there isn't anything for the railway station - presumably too old to be digitised). This website suggests the road and surrounding land is owned both by 'network rail' and 'other government' (the shaded areas unfortunately don't quite match): https://map.whoownsengland.org/

The railway byelaws say they apply to railways, which is defined in the byelaws as: “railway” means the railway assets of, or under the management of, an Operator;"

Railway assets are defined as...
"“railway assets” means any (a) train; (b) network; (c) station; (d) light maintenance depot; and any associated track, buildings and equipment;"

There is a sign (different to streetview) at the car park saying it is 'railway land'. There are no signs at the entrance or around the road / station saying it is railway land or that railway byelaws apply. It could be said the road is part of the station, but I don't think that would be the ordinary meaning, especially when it's not just a road for or within a station.

A road also does not seem to be the network, or associated track/buildings/equipment. And so my question is - do railway byelaws apply on the whole road and pavement ?

Presumably if byelaws were to apply to all network rail land, they would state as such, rather than a different definition.

Any thoughts or insight very much appreciated!

 

[Robert Ambler]

I am trying to find out the extent to which the railway byelaws extend to a road outside of a train station (or really to any network rail land)...

I am specifically looking at Sanderstead train station: https://maps.app.goo.gl/kPYd1LaKSomnJVkd9

The Google maps streetview are slightly out of date, but, there is a road (station road) which leads to a car park and the railway station. There is now a Tesco and large block of flats (replacing the row of small shops), as well as a motorcycle dealer, and access to the rear of various residential properties. There are parking bays outside the Tesco at the start of the street which are pay and display using a Croydon council ticket machine (there's also a sign with croydon council logo on). The lampposts also look different with green bands (the southern colours?).

It seems the road is a private road not maintainable at public expense. I have paid for various land registry records and it's not clear who might own it (unfortunately there isn't anything for the railway station - presumably too old to be digitised). This website suggests the road and surrounding land is owned both by 'network rail' and 'other government' (the shaded areas unfortunately don't quite match): https://map.whoownsengland.org/

The railway byelaws say they apply to railways, which is defined in the byelaws as: “railway” means the railway assets of, or under the management of, an Operator;"

Railway assets are defined as...
"“railway assets” means any (a) train; (b) network; (c) station; (d) light maintenance depot; and any associated track, buildings and equipment;"

There is a sign (different to streetview) at the car park saying it is 'railway land'. There are no signs at the entrance or around the road / station saying it is railway land or that railway byelaws apply. It could be said the road is part of the station, but I don't think that would be the ordinary meaning, especially when it's not just a road for or within a station.

A road also does not seem to be the network, or associated track/buildings/equipment. And so my question is - do railway byelaws apply on the whole road and pavement ?

Presumably if byelaws were to apply to all network rail land, they would state as such, rather than a different definition.

Any thoughts or insight very much appreciated!

Generally the land owned by Network Rail is not registered at the Land Registry so they will be of little help to you. This is because land only has to be registered when a registerable transaction takes place after the date of compulsory registration and no such transactions have taken place with the bulk of your railway estate.

Tghe local highway authority should be able to provide you with an extract from the map that shows the extent of the land that they maintain as public highway maintainable at public extent.

If this road does not form part of that then it will likely be a public right of way but maintenance will be the responsibility of the landowner. However as a public right of way the relevant police force will have jurisdiction on road traffic offences and anything of a civil nature will be the responsibility of the land owner or their agents.

 

[Rescars]

The title to some station access roads does seem a bit confusing. IIRC the station approach to Chipstead is railway land (with railway car parking charges), but has no pavement. The parallel service road in front of a parade of shops, complete with pavement, is under local authority control. Presumably it is the council rather than the railway who maintains the verge between the two.

 

[John Webb]

The situation on one side of St Albans City station where the St Albans South box is located is rather odd too, as not only does the road serve one of the station's carparks but also a number of private houses (including the former stationmaster's house, sold off years ago). At the end it leads onto private property where a factory and then offices were sited; now converted into apartments. The road had a sharp turn into another section of the road which is public highway. The section through the station carpark is marked as being private.
At one time the two sections were joined, but some years ago a line of bollards was placed across, apparently because neither the railway nor the highways authority could agree on sharing the maintenance costs!
Yet the pavement has highways worked street lighting and more recently it has been subjected to a 20mph limit by the highways.
Curiously when we asked several years ago for a 'Brown Tourist' sign on the main road to direct people to the box it was turned down on the grounds that they couldn't put up such a sign that directed people down a private road!

 

[davews]

At Martins Heron the car park land is owned by the adjacent Tesco. When Tesco did a recent refurb this involved resurfacing part of the car park, but not all of it. Originally the station platforms had 'alight here for Tesco' signs but that requirement seems to have lapsed. Tesco and the station were opened at the same time back in 1989 as part of the new housing estate.

 

[Mojo]

Network Rail will have some sort of GIS / property asset register which details the extent of railway lands. This map includes data that was released in 2016 and will give you a basic indication: http://map.whoownsengland.org/

I’m not sure if it’s avaliable as open data like TfL’s one is; if you can’t find it could always send a FoI to Network Rail.

 

[Gloster]

At Horsley there used to be a small iron (?) boundary marker at the bottom of the station approach, immediately before the small parade of shops, to indicate the end of railway land. I can’t find it when looking at streetview, so I presume that it has disappeared as a result of all the house building alongside the approach. I was thinking of nearly fifty years ago, so that is probably not surprising.

 

[Mr. SW]

This any help?

SU 213 - Station Parade, Sanderstead, Surrey

This photograph is a copy of the original. The size of the print is 12 x 8 Inches (roughly A4 size)The original image, from our own private collection, is scanned at high resolution, and the result then digitally enhanced to remove blemishes and to improve contrast & brightness. It is then...

jbarchive.co.uk

There is a little fence visible on the right under the lamp, but it does not always follow that the curtilage matches gate posts and shop fronts.