Is there a reason why their seems to been a flury of open access west coast proposals recently?
Yes, see this letter from the ORR. Expect to see an awful lot of track access applications published tomorrow
Dear colleague, 24 April 2024 Competing and/or complex track access applications for December 2024, May 2025 and December 2025 timetable changes
1. ORR and Network Rail expect, and have received, a higher-than-usual number of access applications from freight and passenger operators for additional or amended services for the December 2024, May 2025 and December 2025 timetable changes. Some services in the applications interact with each other, or have the potential to, at different points across the GB railway network. This letter sets out how we plan to make our decisions on these applications. It follows our existing published guidance, which ensures capacity applications are sufficiently in advance of timetable implementation.
2. Previously, we have issued similar statements requiring careful management (notably on the East Coast Main Line and West Coast Main Line) to support our statutory duties in determining applications with competing aspirations or significant complexity. Equally, this statement clarifies expectations for Network Rail in its duty as the infrastructure manager to coordinate the allocation of capacity. We consider the following approach supports ORR in ensuring capacity allocation decisions are fair, transparent and timely, while providing structure to industry for planning. This should provide the best possible chance of success in implementing proposed improvements to services for the benefit of customers over this period. We welcome conversations with industry to explain this, where desired. December 2024 Timetable Production status
3. Industry has worked intensively over the last few years to plan the introduction of major timetable changes in December 2024. These changes are some of the most complex in terms of Network Rail and operator planning since May 2018. Network Rail is still working to produce the December 2024 timetable. We understand the timetable will not include most of the East Coast Mainline (ECML) Event Steering Group (ESG) changes. Further work is ongoing to deconflict existing access rights and timetable bids before a decision is taken in 2024 on implementing a version of the ESG timetable during 2025.
4. Given it has not been possible to accommodate existing access rights and satisfy the timetable bids made for December 2024, we consider that the definition of Congested Infrastructure in the Access and Management Regulations (2016) appears to have been met for at least parts of the ECML. Network Rail must now comply with the requirements in the Regulations or explain why it considers the criteria are not met by 05 June 2024.
5. Network Rail has said that it will follow future Part D milestones for delivery of the December 2024 timetable, but we recognise decisions in the timetable production process could materially influence operator and funder plans for December 2024 and beyond. We are monitoring industry and Network Rail compliance with the Code. Implication for applications December 2024 to December 2025
6. A material factor in determining the approval or direction of applications received is the basis on which ORR understands the December 2024 working timetable will be implemented, and the decision on implementing a future ECML ESG timetable. This is because, (a) Existing ECML applications will have used the ECML ESG solution as the base timetable; (b) Even where applications are not on the ECML, decisions on the ECML could interact with them; and (c) Capacity and performance analysis using ECML ESG assumptions need to be reworked (along with timings) for the actual December 2024 timetable and for future timetables (including when the ESG timetable outcome is known). Process for access rights for December 2024, May and December 2025 Establishing demand for capacity
7. It is currently unclear to what extent there will be capacity to accommodate all the current applications and any further applications received for specific locations in upcoming timetables. Similarly, it is not clear what the performance implications might be; and, where there are trade-offs, what those choices would entail.
8. To facilitate a timely and fair assessment, ORR has agreed with Network Rail to request industry complies with a deadline of 20 May 2024 for applications for additional rights (or amended rights which change capacity parameters) for December 2024, May and December 2025 according to the following criteria.
9. Does an application require capacity in any of the following locations? (a) West Coast Main Line Euston-Nuneaton; (b) Birmingham area including Water Orton; (c) Birmingham-Derby; (d) Derby-Sheffield; (e) Sheffield area; (f) ECML Kings Cross-Edinburgh and Leeds; (g) Oxford; (h) Gloucester; or (i) Cardiff.
10. This list is based on Network Rail’s assessment of where existing applications or aspirations interact. As capacity analysis work progresses, it is possible further locations could be identified.
11. Has an application already been submitted to ORR (see annex A), before the date of this letter, which does not require updates? If so, it will be considered alongside applications received between now and 20 May 2024, i.e. there is no need to resubmit it.
12. All further applications in the identified locations should be submitted to ORR as soon as possible or by 20 May. This includes proposed applications where an industry consultation is underway, as the outputs from the consultation can follow the application deadline. Where operators are discussing further aspirations or plans with Network Rail in the locations for the timetable periods specified, but an application has not been submitted to ORR it is important that a submission is made to ORR.
13. We recognise it may not be possible for Network Rail to support an application by this date. However, we expect operators to have discussed the application with Network Rail before submission. Submission by 20 May will ensure transparency and could initiate a statutory process and timeframe which ORR and Network Rail must follow.
14. Passenger and freight operators may want to extend the duration of their existing rights in the geographical locations identified. Our guidance sets out a strong presumption in favour of the extension of current access rights, except where we have stated otherwise. Reflecting this, the 20 May deadline in this letter will not apply to the extension of existing rights in line with our guidance (except where ORR has advised that the presumption of existing rights does not apply).
15. For the avoidance of doubt, we are not requesting submission by 20 May of applications unrelated to the specified locations or to the identified timetable changes set out in this letter. Reaching timely decisions
16. It is vital that Network Rail provides a prompt and robust assessment of the applications and the available options for accommodating them. Network Rail will need to provide an appraisal of capacity and the potential impact on performance that would result from the proposed additional services contained in the applications received. The deadline for applications should support Network Rail in producing a plan, as well as its response to ORR on Congested Infrastructure, promptly.
17. ORR will prioritise assessment of applications received by 20 May. The applications received by this date provide a quantum baseline of demand for capacity use, which Network Rail must assess and assure itself and industry can be accommodated.
18. ORR plans to approve or direct access applications received after 20 May in the identified locations for December 2024, May and December 2025 only where there is clear evidence they do not interact/conflict with the applications which have already been received. It is therefore less likely that we will be able to assess and determine applications for additional capacity in the identified locations received after 20 May, for inclusion in timetables before the end of 2025.
19. In making decisions on the use of capacity, we must consider all our statutory duties and weigh them where they do not all point in the same direction. Our duties are varied and include protecting the interests of users of railway services, promoting use of the network, competition, improvements in rail service performance and efficiency and having regard to the funds available to the Secretary of State and his, and the Scottish Minister’s, guidance to us.
20. Where proposed services may compete with existing services, we may undertake our ‘Not Primarily Abstractive’ test, in line with our guidance. If it appears that not all proposals can be accommodated, we will also assess the wider costs and benefits of the possible capacity uses to inform our decisions.
Application requirements
21. We expect applications received by 20 May 2024 to be of sufficient quality, completeness, and certainty to enable Network Rail, industry and ORR to assess them. A prerequisite for achieving this is that applicants will have discussed their plans with, and sourced information from Network Rail before submission (in line with our guidance). This will ensure the application is ready for consultation where it has not taken place already, and the evidence requirements are met as set out in the Form P or Form F, including, where relevant, submission to ORR of business cases and demand forecasting.
22. It is useful for funders and industry to understand that ORR assesses whether train operators have sufficient commitment and capability to operate services. We consider each application on a case-by-case basis against this requirement; having a firm budget commitment from a funder is a good indication of commitment but may not be necessarily sufficient.
