Annex B of HAL response to TFL Application

Date27 April 2016
SectionTransport for London appeal under regulation 29 and complaint under regulation 30 of the Railways Infrastructure (Access and Management) Regulations
-
Department
for Transport
John Holland Kaye
Chief Executive Officer
Heathrow Airport Limited
The Compass Centre
Nelson Road
Hounslow, Middlesex
TW62GW
Dear
;khre..,
e iTransport
for
London
Bernadette Kelly
Director General Rail Group &
Chair Crossrail Sponsor Board
Department for Transport
Zone 4/25
Great Minster House
33 Horseferry Road
London
SW1P4DR
DIRECT LIN
E:
020 7944 2931
Personal Assistant: 020 7944 3368
Web Site: www.dft.gov.uk
Wednesday 27 April 2016
Crossrail
services
to
Heathrow:
Application
to
the
Office
of
Rail and Road
As you will be aware, Crossrail services are currently scheduled to commence between
Paddington and Heathrow Airport
in
May 2018.
In
order for this to happen, appropriate
terms
of
access need to be agreed sufficiently in advance to allow, amongst other things,
the usual industry timetabling process to take place.
The Secretary
of
State entered into a Deed
of
Undertaking with Heathrow Airport Limited
("HAL") and others
in
2008. This included a commitment by HAL to comply with the
Railways Infrastructure (Access and Management) Regulations 2005 (the "2005
Regulations"
),
initially by May 2015, but subsequently by August 2015, following an
extension.
In the view
of
the Crossrail Sponsors, to date, the contractual documentation provided by
HAL to allow the operation
of
Crossrail trains on Heathrow's rail infrastructure does not
comply with the 2005 Regulations. Regrettably, this
is
despite the considerable number of
comments provided to HAL's advisers over the past year by the Crossrail Sponsors.
In
any event, and irrespective
of
the question
of
compliance with 2005 Regulations, we also
continue to have significant concerns with a large number of the terms proposed by HAL.
Our view remains that the documents as they currently stand are not fit for purpose and
this now poses a significant risk to our plans for the start
of
Crossrail services to Heath row
Airport in 2018. I am sure you will agree that it is
in
the interests of both the Crossrail
Sponsors and HAL to ensure that there
is
no
delay to the May 2018 milestone.

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