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TFL/SG SoS Transport for London

15 May 2014

Secretary of State for Communities and Local Government The National Planning and Gasework Unit 5 St Philips Place Colmore Row Birmingham B32PW By Special Delivery

Legal Windsor House 42-50 Victoria Street London SWIHOTL Fax 020 3054 3556 www.tft.gov.uk

Dear Secretary of State, The London Borough o f Croydon (W hitgift Centre and surrounding land bounded by and including parts of Poplar Walk, Wellesley Road, George Street and North End) Compulsory Purchase Order 2014 Introduction I write on behalf of my clients namely Transport for London (“T fl”), Tramtrack Croydon Limited (“TCL”) and London Bus Services Limited (“LBSL”), to object to the London Borough of Croydon {Whitgift Centre and surrounding land bounded by and including parts of Poplar Walk, Wellesley Road, George Street and North End) Compulsory Purchase Order 2014 ("the CPO”) which was made on 15 April 2014. Background Transport for London (“TfL”) is a body corporate and was created on 3 July 2000, by the Greater London Authority Act 1999 (“1999 Act”). As one of the four functional bodies 1 of the GLA, TfL’s duty is to implement the Mayor of London's Transport Strategy so as to facilitate the carrying out of the general transport duty under section 141 of the 1999 Act. The roles and responsibilities of the Mayor and TfL are separate and distinct. TfL is one of the world’s largest and most integrated transport authorities which must deliver a transport system that secures London’s position as a world-leading city. TfL's services must ensure that those who live and work in London can access all that the capital has to offer in terms of jobs, leisure, health and education. TfL as a statutory body exercises functions as required by the provisions of the 1999 Act to carry out the functions conferred upon it, and pursuant to the directions given to it by the Mayor.

MAYOR OF L O N D O N

VAT num ber 756 2769 90

1 The GLA’s four functional bodies are its principal delivery arms: the Mayor’s Office for Policing and Crime; the London Fire and Emergency Planning Authority: the London Legacy Development Corporation and Transport for London. In order to carry out these functions TfL has established a number of subsidiary companies, including TCL and LBSL. TfL has the following main responsibilities with respect to transport infrastructure in Greater London:1.1.1 the operation of Tramlink through TCL; 1.1.2

the management of bus services within Greater London;

1.1.3 traffic management, highway management and maintenance of GLA Roads; 1.1.4 traffic management functions in respect of GLA

Side Roads;

1.1.5

traffic management and maintenance of all fight signals in Greater London pursuant to section 74C of the Road Traffic Management Act 1984;

1 . 1.6

the management, operation and maintenance of the rail infrastructure, including deep tube and sub-surface tunnels, comprising the London Underground system;

1.1.7

the management of the Docklands Light Railway lines and tunnels;

1.1.8

the London River Service; and

1.1.9

the management of the London Overground Rail Network.

In addition to its general duties in relation to providing or securing the provision of public passenger transport in London, TfL is specifically responsible, under section 181 of the 1999 Act, for the provision of the London bus network. The bus network in London is of critical importance to the public passenger transport system. It is the most heavily used mode of public transport. London's buses carry 5.8 million passengers every weekday and 2.3 billion passengers a year. The efficient and reliable operation of London's bus network is therefore critical to the capital’s social and economic vitality. TfL is also the traffic authority for GLA roads pursuant to section 121A(1A) of the Road Traffic Regulation Act 1984, Under section 1(2A) of the Highways Act 1980, TfL is also the highway authority for GLA roads. In its capacity as highway and traffic authority, TfL regulates how the public use highways and is responsible for traffic signs, traffic control systems, road safety, and traffic reduction. TfL is also under a duty, under section 16 of the Traffic Management Act 2004 to manage its road network with a view to securing "the expeditious movement of traffic". TfL is in addition the traffic authority for GLA Side Roads as provided for by section 124A of the Road Traffic Regulation Act 1984. Section 60 of the Traffic Management Act 2004 enables the Secretary of State to designate roads and proposed roads in Greater London, other than roads for which the Secretary of State or TfL is the traffic authority, as strategic roads for the purposes specified in that section so as to impose restrictions on the exercise by London borough councils of powers affecting a GLA road, a strategic road or a road in another London borough other than a GLA road or strategic road. The designated roads are specified in the Schedule to the Traffic Management (Strategic Roads in Greater London) Designation Order 2005 and subsequent Orders and in

London are known as the Strategic Road Network ("SRN”). Section 121B of the Road Traffic Regulation Act 1984 provides that no London borough council shall exercise any power under that Act in a way which will affect or be likely to affect a GLA road or a strategic road without first notifying TfL and obtaining its approval as prescribed by that section. Section 301A of the Highways Act 1980 makes very similar provision where a London borough Council is exercising powers under that Act. TCL operates the Croydon Tramlink network (“Tramlink") on behalf of TfL which is the successor body to London Regional Transport which obtained statutory authority to construct and operate Tramlink under the Croydon Tramlink Act 1994. Tramlink comprises of 28km of track, 24 trams and 39 stops. It serves 7 mainline railway stations and more than 50 bus routes. More than 31 million passengers used Tramlink last year. The maintenance depot is at Therapia Lane between Croydon and Wimbledon. Tramlink operates as four routes, all serving central Croydon: Line 1: Elmers End-Croydon; Line 2: Beckenham Junction-Croydon; Line 3: New Addington-Croydon-Wimbledon and 4: Elmers End - Wimbledon. TfL bus services connect with Tramlink in many places, and three of the four system termini are at main line rail stations, these including Wimbledon which also connects with the London Underground. The busiest rail interchange is in the town centre at East Croydon station on the London Victoria-Gatwick Airport-Brighton and Thameslink lines. Myr clients do not object to the principle of the CPO. Moreover the Mayor is supportive of the regeneration associated with the development. However, my clients have the following concerns about the impact of the CPO which relate to the need to adequately protect the proper discharge of their respective statutory functions. Objections My clients hold or operate assets and apparatus iin the following plots identified in the CPO schedule and on the CPO map: plot number 50 (Wellesey Road), plot number 51 (Wellesley Road), plot number 74 (George Street) and plot number 77 (George Street). Our clients ownassets and apparatus in these plots, namely the tram lines, tram stops, platforms, ticket machines and bus stops. TCL operates over George Street and Wellesey Road and exercises statutory powers conferred by the 1994 Act to ensure the safe, efficient and economic operation of Tramlink. The Book of Reference identifies LBSL as Occupiers for plot number 50 and Tramlink for plots numbered 51 and 74, and Tramlink should have been included in plot number 77 as that includes the highway through which the tram lines run. In relation to these plots, the CPO seeks: 1) Plot 50 - to acquire all interests in 5794 square metres of highway known as Wellesley Road, Croydon westward from Wellesley Passage to a point adjacent to the north eastern corner of Meridian House, together with advertisement hoardings, bus stops and canopy forming part of The Whitgift Centre, including the subsoil beneath the highway, except those owned by the acquiring authority; 2) Plot 51 - the right for the acquiring authority and its lessees, licensees, successors in title, assigns and those authorised by any of these to enter upon and use 2711 square metres of highway known as Wellesley Road, Croydon adjacent to Apollo House, Voyager House and St Anne House to swing the jib of a crane, loaded or unloaded, through the airspace over the land; and

3) Plot 74 - to acquire all the interests in the half width of highways known as North End and George Street, Croydon, to include surface structures - the tram stop and ticket machine including the subsoil beneath the highway (except those owned by The Whitgift Foundation and the acquiring authority). 4) Plot 77 - the right for the acquiring authority and its lessees, licensees, successors in title, assigns and those authorised by any of these against all interests other than those of The Whitgift Foundation to enter upon and use 220 square metres of retail premises known as 3a George Street, Croydon and half width of highway known as George Street to: a) pass and re-pass across the land at all times with or without vehicles, machinery, equipment and materials for ail purposes in connection with the demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property, structures and buildings and service media adjacent to or abutting the land and the right from time to time to manage access to the land and accord with safe working practices; b) erect, secure, use and take support for scaffolding and/or hoardings on the Sand or land adjoining or abutting the boundaries of the land for the purpose of demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property, structures and buildings and service media adjacent to or abutting the land and the right from time to time to manage access to the land to accord with safe working practices; c) swing the jib of a crane, loaded or unloaded, through the airspace over the land; d) carry out surveys and site inspections on the land as necessary in connection with the demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property and buildings and service media on the land or land adjacent to or abutting the land; e) carry out works to protect and make good buildings on the land (including the temporary removal or replacement of non-structural parts of such buildings, chattels and/or fixtures) as necessary in connection with the demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property and buildings and service media adjacent to or abutting the land and the right from time to time to manage access to the land to accord with safe working practice; f) carry out boundary treatment works to external walls and boundary structures or buildings on the land as necessary in connection with the demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property and buildings and service media adjacent to or abutting the land and thereafter to inspect and maintain such works and the right from time to time to manage access to the land to accord with safe working practices; g) carry outworks to disconnect, alter, divert, relocate and reconnect service media in, over or under the land as necessary in connection with the construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property and buildings and service media adjacent to or abutting the land and the right from time to time to manage access to the land to accord with safe working practices; h) alter and/or remove fire escapes (either on a temporary or permanent basis) forming part of or used by the iand taking steps to ensure that such land retains an alternative means of escape during such works and/or to construct and install fire escapes upon the land and to

grant rights for owners and occupiers of land, property and buildings adjacent to and/or neighbouring the land to use such fire escapes and to carry put any necessary reinstatement works; i) carry out accommodation, reconfiguration and/or other consequential modification and/or reinstatement works to buildings, property and/or structures on the land where necessitated by the demolition and/or construction of land, property and buildings adjacent to or abutting the land and to facilitate the continued beneficial occupation and use of the land and the right from time to time to manage access to the land to accord with safe working practices; and j) support and protection in respect of land, property and buildings adjacent to or abutting the land. The effect of the CPO would be to confer compulsory purchase powers to in respect of land in plot numbers 50, 51, 74 and 77 within which our client holds and operates assets and apparatus. Without an appropriate asset protection agreement (which we envisage can be put in place in short order) this could have a negative impact on the operation of Tramlink and the London bus services along Wellesey Road. In addition, this would have a negative impact on the management of the road network, specifically along Weilesey Road which forms part of the strategic road network. Pending completion of appropriate asset protection agreements.my clients object to the CPO in order to ensure my clients’ assets and operations are protected , in particular: to ensure the continued safeguarding of Tramlink in its current alignment as authorised under the Croydon Tramlink Act 1994; to ensure the continued safeguarding of the London bus network as authorised under section 181 of the 1999 Act; and to ensure the continued safeguarding of the strategic road network as authorised under the Road Traffic Regulation Act 1984, the Highways Act 1980, and the Traffic Management Act 2004. I note that the CPO would also confer on the acquiring authority specific powers to enter onto and use the land in/over plot numbers 51 and 77 e.g. to swing the jib of a crane; to erect scaffoldings etc. This land comprises of the tram lines, tram stops/platforms; and the tram ticket machines and TCL operates the Tramlink on the street track shared with other traffic. Pending completion of appropriate asset protection agreements as mentioned above, TCL and TfL object to the creation of this new right as this would affect and interrupt the safe and effective supply of the Tramlink service provided by TCL on Wellesley Road. TCL and TfL require that arrangements to enter onto their land or swing the jib of a crane over the operational tramline must be agreed with TCL and TfL in order to avoid or minimise any damage or disruption to the service operated by, and to the assets belonging to, TCL and TfL. My clients consider that their assets within plot numbers 50, 51, 74 and 77 are critical to the safe efficient and economical delivery of the Tramlink network and the London bus network. The Supplementary Planning Guidance in the form of the report "Land for Industry and Transport 2012" supports the future enhancement of the Tramlink network. Furthermore, The Mayor’s Transport Strategy, DfT’s Traffic Advisory Leaflet 6/01: “Buss Priority” (2001) and its predecessor Government departments DETR’s guide to traffic management to assist buses in urban areas, “Keeping Buses Moving” (1997) and DfT’s publication “Bus Priority: The Way Ahead” (2004) ail highlight the importance of buses as an urban transport solution. As such, anything that threatens the loss of the Tramlink network and the London bus network should be resisted.

In addition to obtaining these safeguards from the effect of the CPO, my clients require the acquiring authority to incorporate into an agreement(s) provisions to regulate the construction of their works in so far as they may affect in any way the operation of our clients’ respective statutory undertakings. This would include imposing requirements on the provision of plans in advance of works that might interfere with the day to day operations of bus services and/or Tramlink. The agreement(s) will need to include provision that the acquiring authority will not exercise their powers under sections 271 to 274 of the Town and Country Planning Act 1990 without my clients approval. Such an agreement(s) would also need to make arrangements for our clients to recover their reasonable costs in entering into the agreement(s) and costs associated with any works undertaken in contemplation of the acquiring scheme or in consequence of any failure of the part of the construction of the works. Conclusion Our clients do not object to the principle of the scheme underlying the CFO. However, our clients seek provisions for the protection of their respective undertakings in order to safeguard their respective statutory functions. Our clients are in discussion with Croydon Council and the developers of this scheme regarding their concerns and are hopeful that agreement can be reached so that the objection can be withdrawn in short order. However until that agreement has been reached, our clients feel that they must record their objections to the CPO pending the successful outcome of these discussions. Our clients wish to register these representations and reserve the right to expand upon the above representations and submit further representations. We would mention that our clients have also submitted an objection letter in the same terms to the Secretary of State for Transport pursuant to section 16 Acquisition of Land Act 1981. Yours faithfully,

Stephen Gardiner TfL Legal Direct Line: 020 3054 7862 Email: [email protected] Please note we do not accept service by email

Transport for London Our Ref: Your Ref;

TFL/SG SoS

IS May 2014 The Rt Hon Patrick ycLoughlin Secretary of State for Transport Department for Transport Great Minster House 33 Horseferry Road London SW1P4DR By Hand

T ra n sp o rt fo r L o n d o n Legal Windsor House.. 42-50 Victoria Street London SWIH OTL Fa* 020 3054 3556 www.ifl.gov.uk

Dear Secretary of State, Section 18 Acquisition of Land Act 1981 objection The London Borough of Croydon {W hitgift Centre and surrounding land bounded by and including parts of Poplar Walk, Wellesley Road, George Street and North Endl Com pulsory Purchase Order 2014 introduction I write on behalf of my clients, Tramtrack Croydon Limited ("TCL") and Transport for London (“TfL”), to object to the London Borough of Croydon (Whitgift Centre and surrounding land bounded by and including parts of Poplar Walk, Weilesiey Road, George Street and North End) Compulsory Purchase Order 2014 (“the CPO") which was made on 15 April 2014 Section 16 of the Acquisition of Land Act 1981 (“the Act") provides that statutory undertakers may make representations to the appropriate Minister if land comprised in a draft compulsory purchase order includes their land, Background TCL operates ihe Croydon Tramlink network (“Tramiink”) on behalf of TfL The Tramlink was authorised under the Croydon Tramlink Act 1994. TfL is a statutory body established under section 154 of the Greater London Authority Act 1999 and is responsible for the development and implementation of policies 1o promote and encourage safe, integrated, efficient and economic transport facilities and services to, from and within Greater London. Tramiink comprises of 28km of track, 24 trams and 39 stops. It serves 7 mainline railway stations and more than 50 bus routes. More than 31 million passengers used Tramlink last year. The maintenance depot is at Therapia Lane between Croydon and Wimbledon. Tramlink operates as four routes, all serving central Croydon; Line 1; Elmers End-Croydon; Line 2: Beckenham Junction-Croydon; Line 3: New Addington-Croydcn-Wimbledon and 4: Elmers End - Wimbledon. TfL bus services connect withTrsmlink in many places., and three of the

MAYOR OF LONDON

four system termini are at main line rail stations, these including Wimbledon which also connects with the London Underground The busiest rail interchange is in the town centre at East Croydon station on the London Victoria-Gatwick Airport-Brighton and Thameslink lines. TCL and TfL do not object to the principle of the CPO. However, they have the following objections which relate to the need to adequately protect the proper discharge of their statutory functions. Objections TCL and TfL hold or operate assets and apparatus identified in the CPO schedule and on the CPO map: plot number 51 (Wellesley Road) and plot numbers 74 and 77 (George Street). TCL and TfL occupy the Tramlink assets in these plots, namely the tram lines; tram stops/platforms; and the tram ticket machines and also operates the Tramlink on the street track shared with other traffic. In relation to these two plots, the CPO seeks: 1. Piot 51 - the right for the acquiring authority and its lessees, licensees, successors in title, assigns and those authorised by any of these to enter upon and use 2711 square metres of highway known as Wellesley Road, Croydon adjacent to Apollo House, Voyager House and St Anne House to swing the jib of a crane, loaded or unloaded, through the airspace over the land; and 2. Plot 74 - to acquire all the interests in the half width of highways known as North End and George Street, Croydon, to include surface structures - the tram stop and ticket machine - including the subsoil beneath the highway (except those owned by The Whitgift Foundation and the acquiring authority). 3.

Plot 77 - the right for the acquiring authority and its lessees, licensees, successors in title, assigns and those authorised by any of these against all interests other than those of The Whitgift Foundation to enter upon and use 220 square metres of retail premises known as 3a George Street, Croydon and half width of highway known as George Street to: a) pass and re-pass across the land at all times with or without vehicles, machinery, equipment and materials for ail purposes in connection with the demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property, structures and buildings and service media adjacent to or abutting ihe land and the right from time to time to manage access to the land and accord with safe working practices; b) erect, secure, use and take support for scaffolding and/or hoardings on the land or land adjoining or abutting the boundaries of the land for the purpose of demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property, structures and buildings and service media adjacent to or abutting the land and the right from time to time to manage access to the iand to accord with safe working practices; c) swing the jib of a crane, loaded or unloaded, through the airspace over the land; d) carry out surveys and site inspections on the land as necessary in connection with the demolition,, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property and buildings and service media on the iand or land adjacent to or abutting the iand;

e) carry out works to protect and make good buildings on the iand (including the temporary removal or replacement of non-structural parts of such buildings, chattels and/or fixtures) as necessary in connection with the demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property and buildings and service media adjacent to or abutting the land and the right from time to time to manage access to the land to accord with safe working practice; f) carry out boundary treatment worfcs to external walls and boundary structures or buildings on the land as necessary in connection with the demolition, construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, properly and buildings and service media adjacent to or abutting the land and thereafter to inspect and maintain such works and the right from time to time to manage access to the land to accord with safe working practices; g) carry out works to disconnect, after, divert, relocate and reconnect service media in, over or under the land as necessary in connection with the construction, maintenance, use, renewal, repair, reinstatement, removal and replacement of land, property and buildings and service media adjacent to or abutting the land and the right from time to time to manage access to the land to accord with safe working practices; h) alter and/or remove fire escapes (either on a temporary or permanent basis) forming part of or used by the land taking steps to ensure that such land retains an alternative means of escape during such works and/or to construct and install fire escapes upon the land and to grant rights for owners and occupiers of land, property and buildings adjacent to and/or neighbouring the land to use such fire escapes and to carry put any necessary reinstatement works; i) carry out accommodation, reconfiguration and/or other consequential modification and/or reinstatement works to buildings, property and/or structures on the iand where necessitated by the demolition and/or construction of land, property and buildings adjacent to or abutting the land and to facilitate the continued beneficial occupation and use of the iand and the right from time to time to manage access to the land to accord with safe working practices; and j) support and protection in respect of land, property and buildings adjacent to or abutting the land. The effect of the CPO would be to confer compulsory purchase powers in respect of land in plot number 74 within which my client holds and operates assets and apparatus. This could have a negative impact to the operation of Tramlink as the CPO would affect and interfere with the tram stop and tram ticket machines on George Street. TCL objects to the CPO in order to ensure the continued safeguarding of Tramlink in its current alignment as authorised under the Croydon Tramlink Act 1994. The CPO would also confer on the acquiring authority powers to enter into and use the. land in/over plot number 51 so as to swing the jib of a crane. This land comprises of the tram lines tram stops/platforms; and the tram ticket machines and TCL operates the Tramlink on the street track shared with other traffic, TCL and TfL object to the creation of this new right as this would affect and interrupt the safe and effective supply of the Tramlink service provided by TCL on Wellesley Road. TCL and TfL require that arrangements to swing the jib of a crane over the operational tramline is agreed with TCL and TfL in order to avoid or minimise any damage or disruption to the service operated by, and to the assets belonging to, TCL and TfL.

TCL and TfL consider that their assets within plot numbers 51, 74 and 77 are critical to the proper delivery of the tramlink network. The Supplementary Planning Guidance in the form of the report "Land for Industry and Transport 2012° supports the future enhancement of the Tramlink network. As such, anything that threatens the loss of the Tramlink network should be resisted. Conclusion TCL and TfL do not object to the principle of the scheme underlying the CPO. However, it seeks provisions for the protection of its undertakings in order to safeguard the proper discharge of its duties under the Croydon Tramiink Act 1994. TCL is in discussions with Croydon Council and the developers of this scheme with regard to these concerns and are hopeful that agreement can be reached in short order. However, TCL and TfL wish to object to the CPO untess/until such a protective provisions agreement is agreed between TCL, TfL and Croydon Council. TCL and TfL wish to register these representations and reserves the right to expand upon the above representations and submit further representations. 1would also like to draw your attention that my clients have also submitted an objection letter to the Secretary of State for Communities and Local Government as specified in the notice of the making of the CPO.

Yours faithfully,

Stephen Gardiner TfL Legal Direct Line: 020 3054 7862 Email: [email protected] Please note we do not accept service by email