Appendix 10/3: Railtrack Plc and London Regional Transport
The Valuation Office Agency`s technical manual covering all aspects of compulsory purchase and compensation.
1. Easements for bridges:
Payments for easements for new bridges over or under railways (excluding any compensation for the acquisition of land required in connection with the construction of the bridge) will be assessed at a uniform amount per track width in respect of roads up to a width of 18 metres, such amount per track width to be increased for each additional width of road of 6 metres or part thereof. This amount will include any costs incurred by Railtrack’s/London Regional Transport’s engineers in connection with the consideration of the case from the point of view of the grant of the easement but not technical work that may be necessary in giving preliminary advice, considering detailed plans and specifications or altering or modifying the design of the bridge and the nature of its construction, or work that may be involved in the course of the building of the bridge. The term ‘track width’ is interpreted as applying to existing tracks and will not include widths left for future tracks unless it can be established that Railtrack/LRT have a sufficiently definite and imminent intention to lay additional tracks. Sidings will be treated similarly to running lines, ie as additional track widths.
2. Widening of existing bridges:
In the case of the widening of existing bridges or level crossings, the compensation will be first calculated as if the bridge or crossing as constructed were a new one and a deduction made therefrom in the proportion that the width of the old bridge or crossing bears to the total width as reconstructed with a minimum payment as shown on the attached schedule. This will apply even if the site of the new bridge were not in the same position as the old bridge if demolition of the latter were involved.
3. Footbridges and pedestrian subways:
Compensation for new footbridges over and pedestrian subways under railways should be measured at half the amount payable for new bridges. If a footbridge were constructed to which access was obtained from the approaches to an existing road bridge or constructed as an integral part of the road bridge it should be classed as a widening, and compensation assessed as for the widening of existing bridges. The additional width would be calculated to include the width of the footbridge and the space between it and the existing bridge.
4. Pipes:
Compensation for pipes of between 150mm and 300mm diameter up to a length of 30 metres (other than pipes attached to viaducts or bridges) over or under railways should be assessed at a uniform rate. The rate is to be increased by 25% for each additional 300mm diameter or part thereof. Where more than one pipe is installed, the diameters are to be aggregated. Additional lengths over the initial 30 metres are to be assessed at 25% of the uniform rate. Pipes laid alongside the track to enable the crossing to be effected at a suitable point are not deemed to be part of the measurable length when the diversion has been required by Railtrack/LRT. Pipes of less than 150mm diameter are to be dealt with on an ad hoc basis. Compensation for manholes is to be at a standard rate.
5. Surveyors’ fees:
The reimbursement of Railtrack’s/LRT’s surveyors’ fees should relate to the actual reasonable costs incurred but should nevertheless be proportionate to the size and complexity of the claim and be commensurate with the time, effort and expertise required to deal with the case. Where more than one bridge were being constructed within one scheme the fee for each bridge would be calculated separately.
6. Other costs:
The acquiring authority will meet the reasonable legal, surveying and other costs incurred in drawing up the terms of the agreement for the easement and in preparing plans, and will also reimburse the stamp duty incurred by Railtrack/LRT.
7. Exceptional cases:
Ad hoc consideration may be given to exceptional or abnormal cases such as where the bridge facilitates the enhancement in value or development of land or where it is an unusual structure (eg abnormally skew and wide) that increases the burden of railway operational or engineering problems. Such consideration would not be given without the prior approval of the railway company and acquiring authority, but in the event of failure to agree, the matter would be negotiated on an individual basis in accordance with the compensation code where applicable.
8. Validity:
The payments shown on the attached schedule will apply for a period of three years from 1 July 2001.
| Interest Acquired | Provinces | London |
|---|---|---|
| Bridge Easement | £1,625.00 | £2,035.00 |
| Additional Width | £490.00 | £610.00 |
| Widening (Minimum Payment) | £840.00 | £1,050.00 |
| Pipes (150mm - 300mm) | £395.00 | £490.00 |
| Manholes | £85.00 | £105.00 |
Notes: ‘London’ refers to property situated in the London Boroughs or the City of London. The above schedule should be read in conjunction with the full text of the agreement. The above compensation figures take effect from 1 July 2001. Annex to Appendix 10/3 Material updated 11/4/01 (NB This Annex does not form part of the formal agreement with Railtrack/LRT)
It often occurs that bridges carrying roads across railway tracks are skewed ie they cross at angles other than 90 degrees. In such cases, in order to reflect the detriment caused to the railway by the greater area of track overshadowed by the bridge, the bridge width to be adopted for the purposes of assessing the compensation should be calculated by measuring the length of the line that the road makes with the boundary of the road owned by Railtrack/LRT (ie the railway embankment or fence) on one side of the track only. In the diagram below the correct measurement of the width of the road should be taken from point A to point B. It is sometimes suggested that the relevant measurement is from point C to point D covering the overall linear distance that the width of road extends on both sides of the track. It is considered that such a method would produce an excessive level of compensation and the method specified above should therefore be applied.
