Decision

The Lead Member for Transport and Environment has decided to approve the use of Transport and Works Act Agreements for the reinstatement of the Rother Valley Railway.

Analysis

outcome: Recommendations were approved to use Transport and Works Act Agreements for the project.

summary: The decision involves approving the use of Transport and Works Act Agreements to secure highway works for the reinstatement of the Rother Valley Railway.

topline: The Lead Member for Transport and Environment has decided to approve the use of Transport and Works Act Agreements for the reinstatement of the Rother Valley Railway.

reason_contentious: This issue may be contentious as it involves unique circumstances and the need for a specific agreement that deviates from standard procedures.

affected_stakeholders: ["Rother Valley Railway", "Secretary of State for Transport", "County Council"]

contentiousness_score: 5

political_party_relevance: There are no mentions or implications of political parties or political influence on the decision.

URL: https://democracy.eastsussex.gov.uk/ieDecisionDetails.aspx?ID=2515

Decision Maker: Lead Member for Transport and Environment

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Purpose: In May 2023, the Secretary of State for Transport made the Transport and Works Act Order to enable the completion of the Rother Valley Railway (Bodiam to Robertsbridge Junction). Some of the works to reinstate the railway will need to take place on adopted public highway that the County Council manages and maintains.  Ordinarily, these works would be permitted under Section 278 of the Highway Act, which officers have delegated authority to negotiate and agree.  However, due to the unusual nature of this project, the works will need to be agreed through a Transport and Works Act Agreement, which no delegated authority exists for officers to agree to. The report to Lead Member will be to seek authority for a Transport and Works Act Agreement to be agreed and signed with Rother Valley Railway.

Content: In May 2023, the Secretary of State for Transport made the Transport and Works Act Order to enable the completion of the Rother Valley Railway (Bodiam to Robertsbridge Junction). Some of the works to reinstate the railway will need to take place on adopted public highway that the County Council manages and maintains.  Ordinarily, these works would be permitted under Section 278 of the Highway Act, which officers have delegated authority to negotiate and agree.  However, due to the unusual nature of this project, the works will need to be agreed through a Transport and Works Act Agreement, which no delegated authority exists for officers to agree to. The report to Lead Member will be to seek authority for a Transport and Works Act Agreement to be agreed and signed with Rother Valley Railway. 6.1       The Lead Member considered a report by the Director of Communities, Economy and Transport.   DECISIONS   6.2       The Lead Member RESOLVED to approve the use of the Transport and Works Act Agreements to secure the highway works associated with the reinstatement of the Rother Valley Railway.   REASONS   6.3       Due to the unique nature of the development and approval of the Transport and Works Act Order by the Secretary of State for Transport, approval of the use of the Transport and Works Act Agreements to secure the highway works associated with the reinstatement of the Rother Valley Railway will allow the legal agreements securing the highway works to be entered into.

Date of Decision: June 16, 2025