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Issues faced by clients in the railway industry

Undertakers responsible for the maintenance and operation of railway infrastructure need to consider a wide range of statutory controls and consent regimes in seeking to maintain or develop their railway undertakings.

In particular, railway undertakers often need to determine the extent of their rights to carry out development deemed to be permitted under Town and Country planning legislation. Clients need to have access to lawyers who can understand and succulently advise on complex legislation to determine the extent of permitted development rights.

Clients also need to protect their railway undertakings from third party developments and any proposed compulsory purchase of their operational land so to maintain the safe and efficient operation of the railway.

How we can help

We can provide comprehensive experience and knowledge of the practical issues affecting the operation and maintenance of railway undertakings, including the closure of stations and railways under the Railways Acts, the closure and creation of new level crossings, the establishment and enforcement of railway byelaws and the imposition of penalty fares.

We have particular expertise in advising railway undertakers upon the extent of their permitted development rights. We can provide clients with the benefit of the specialist skills of our Parliamentary Agents and Clerks who are enrolled by Parliament. They have extensive experience in researching and identifying statutory powers relating to the railway network, and any related plans deposited in Parliament, that may be relevant in advising clients on the full range of powers and permitted development rights available to them.

We are also experienced in advising and representing railway undertakers in relation to projects undertaken by others which might affect the operation of the client's railway undertaking, securing amendments to Bills and Orders and negotiating agreements to protect their railway interests.