Building an Extension within 10m of Railway Boundary

[Credulous999]

Hello all,

I've already searched the forum for this but nothing came up surprisingly.

We have had planning permission for a double storey side extension.

One of the planning pieces of additional information (i.e. not an actual condition) is as follows (taken directly from the application):

The developer is to submit directly to Network Rail, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail will need to be re-assured that the works on site follow safe methods of working and have taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. Review and agreement of the RAMS wil be undertaken between Network Rail and the applicant/developer. The applicant / developer should submit the RAMS directly to: EMAIL ADDRESS.

I've found the CDM Regulations 2015, and also the Town and Country Planning (Development Management Procedure) (England) 2015 No. 595 where the requirement for the local authority (not the developer) to notify Network Rail for a development within 10m of a railway was enacted.

I've drafted a risk assessment which assesses the risks to the existing railway as very low due to the fact:

- The majority of the proposed extension is not within 10m of the railway boundary.
- The closest point of the proposed extension to the railway is circa 7m (a corner of it due to unusual boundary). Even if the double story scaffolding was to topple directly towards the railway it would not reach the railway boundary (as will be around 6 metres high).
- The foundations are proposed as standard 900mm depth and unlikely to materially effect the land around the existing railway.
- A couple of small firs will need felling (less 5m high) and again will not be close enough to affect the railway boundary even if they fell directly towards it.
- Drainage will be via connection to existing drainage grid at front of property with no soakaways or predictions of increased water ingress which could affect the land near the railway.
- Only vehicles to be used onsite to be mini excavators which will not go within 3m of railway boundary.

1) Has anyone else been through this process with Network Rail?
2) What are their rights and which legislation is relevant? (I'm struggling to find where their powers in relation to all this are enshrined in law).
3) How formal do they expect a RAMS to be?

Basically my builder wants to get cracking, and I don't want to delay things un-necessarily. The whole RAMS process feels like its geared up for a major construction project (housing estate, new road), not an extension that barely breaches the 10m limit to the railway boundary.

Hopefully builders on this site who have built extension near the railway boundary and can shed light?

Thanks in advance for responses.

 

[^woody^]

CDM applies to your work in any case, so you need to go through this process regardless of the railway proximity.

If you don't think there are risks related to the railway, then this should be stated this in the risk assessment. Then if something does go wrong, the HSE will decide if the assessments were adequate.

All this is your builders responsibility under CDM, or your designer's if he accepts to do this. But you have a duty to ensure that these things are in place before work starts. If the railway company (or anyone) reports the work to the HSE, it will be a serious thing.

 

[bernardgreen]

You definately have to ensure Network Rail are informed about the work. You also need to ensure that the boundary of railway property is accurately defined to you for the purpose of the risk assement. The fence line may not be the actual boundary line. The railway land may extend some distance beyond the fence line, expecially if the tracks are on an embankment or in a cutting or there is a bridge nearby. They can also raise concerns where the track is curved if the new building affects sight lines to signals .

 

[badgeraudio]

Hello all,

I've already searched the forum for this but nothing came up surprisingly.

We have had planning permission for a double storey side extension.

One of the planning pieces of additional information (i.e. not an actual condition) is as follows (taken directly from the application):

The developer is to submit directly to Network Rail, a Risk Assessment and Method Statement (RAMS) for all works to be undertaken within 10m of the operational railway under Construction (Design and Management) Regulations, and this is in addition to any planning consent. Network Rail will need to be re-assured that the works on site follow safe methods of working and have taken into consideration any potential impact on Network Rail land and the existing operational railway infrastructure. Review and agreement of the RAMS wil be undertaken between Network Rail and the applicant/developer. The applicant / developer should submit the RAMS directly to: EMAIL ADDRESS.

I've found the CDM Regulations 2015, and also the Town and Country Planning (Development Management Procedure) (England) 2015 No. 595 where the requirement for the local authority (not the developer) to notify Network Rail for a development within 10m of a railway was enacted.

I've drafted a risk assessment which assesses the risks to the existing railway as very low due to the fact:

- The majority of the proposed extension is not within 10m of the railway boundary.
- The closest point of the proposed extension to the railway is circa 7m (a corner of it due to unusual boundary). Even if the double story scaffolding was to topple directly towards the railway it would not reach the railway boundary (as will be around 6 metres high).
- The foundations are proposed as standard 900mm depth and unlikely to materially effect the land around the existing railway.
- A couple of small firs will need felling (less 5m high) and again will not be close enough to affect the railway boundary even if they fell directly towards it.
- Drainage will be via connection to existing drainage grid at front of property with no soakaways or predictions of increased water ingress which could affect the land near the railway.
- Only vehicles to be used onsite to be mini excavators which will not go within 3m of railway boundary.

1) Has anyone else been through this process with Network Rail?
2) What are their rights and which legislation is relevant? (I'm struggling to find where their powers in relation to all this are enshrined in law).
3) How formal do they expect a RAMS to be?

Basically my builder wants to get cracking, and I don't want to delay things un-necessarily. The whole RAMS process feels like its geared up for a major construction project (housing estate, new road), not an extension that barely breaches the 10m limit to the railway boundary.

Hopefully builders on this site who have built extension near the railway boundary and can shed light?

Thanks in advance for responses.

The words state, "within 10m of the operational railway"
I would take that to be within 10m of the closest running rail, not the land boundary.

How close is the nearest running rail to your boundary?

 

[^woody^]

The railway is not just the tracks.

 

[badgeraudio]

The railway is not just the tracks.

This is true. But if it is a large distance from the boundary to the rails that will reduce the risk of affecting the operational railway.

I guess the main things they are worried about is affecting their foundations, making sure nothing will land on the line or could knock out the OHLE.

 

[Credulous999]

Thanks for the replies guys. I wrote the risk assessment and submitted to Network Rail on behalf of my builder, who was never going to do it.

Network Rail came back a few days later with some aerial photos of the house (bit big brother) - looked like they'd been taken by a chopper. And a couple of minor points on changes to the risk assessment, the main one was I'd over estimated the distance from the railway boundary to the track itself (because I obviously couldn't measure it).

Interestingly they did say that within 2.75m of an overhead cable there is a risk of arcing of the electric current. Surely if that's true every time anyone goes to a railway station with overhead lines they are at risk of death simply by standing on the platform.

Still done now and relatively painless process.

 

[John D v2.0]

Glad to hear it went OK
And you can measure, just get one of the laser measuring things hold it at the boundary and point at the thing you want to know how far away it is. Should do 10m easily with the cheap ones, around 40 quid.

 

[^woody^]

Surely if that's true every time anyone goes to a railway station with overhead lines they are at risk of death simply by standing on the platform.

That's precisely why I no longer take my mini-digger with me on train journeys.

 

[bernardgreen]

And you can measure,

Using satellite images from Google maps will be accurate enough. Use the distance between the rails as the scale reference, They are exactly 4 foot 8 and a half inches apart.

 

[^woody^]

And allow for parallax

 

[John D v2.0]

Also don't forget to adjust for possible guage spread

 

[bernardgreen]

possible guage spread

Applicable to curved tracks, seldom more than 10 mm.

 

[endecotp]

Interestingly they did say that within 2.75m of an overhead cable there is a risk of arcing of the electric current. Surely if that's true every time anyone goes to a railway station with overhead lines they are at risk of death simply by standing on the platform.

The wires are further away than you think. But even so, the 2.75m "safe distance" isn't really about arcing, rather it's the length of an outstretched umbrella held by a tall person, or something.
The closest you get to 25kV is on a platform when a train is present, as the end of the pantograph is live.

 

[bernardgreen]

25 kV and Health and Safety

An idiot surfing on the roof of an empty electric train from the siding to the station stood up to jump down onto the platform. He mis judged it and got zapped and fell limp onto the platform

A person waiting on the platform went to assist and was told by station staff to NOT touch the person as, until the overhead 25kV had been turned OFF, there was a high risk of being electrocuted.

I am told that this advice has since been ammended.