Transport for Wales Rail Ltd GB Railfreight Ltd 30 November 2022
| Date | 30 November 2022 |
| Section | Disputed amendment to contracts (section 22a) |
Head Office: 25 Cabot Square, London E14 4QZ T: 020 7282 2000 www.orr.gov.uk
Gareth Clancy
He
ad of Access and Licensing
E
-mail: track.access@orr.gov.uk
Bruce Giles
Customer Manager
Network Rail FNPO
Claire Hickman
Sponsor
Network Rail
Chris Dellard
Head of Access
Planning
Transport for Wales
Rail Ltd
17 Penarth Road
Car diff CF10 5ZA
Ian Kapur
Head of Strategic Access
Planning
GB Railfreight Ltd.
3rd Floor
55 Old Broad Street
London, EC2M 1RX
30 November 2022
Railways Act 1993 Section 22A:
Transport for Wales Rail Limited (TfWRL) (4th Supplemental Agreement)
GB Railfreight Limited (GBRf) (17th Supplemental Agreement)
1. Under section 22A of the Railways Act 1993 (the Act), we have issued directions to
Network Rail, TfWRL and GBRf to enter into the above supplemental agreements.
These directions grant GBRf the three firm access rights in its application, and grant
TfWRL nearly all the access rights in its application. This letter explains our decision.
Summary
2. Currently, TfWRL operate an hourly passenger service on the Wrexham-Bidston line
and GBRf freight services serve the Padeswood Cement Works. TfWRL wants to
increase its services to two trains per hour (2tph) and GBRf wants to convert some
temporary rights to firm rights. Network Rail’s capacity and timetabling work could not
fit the freight trains and the extra passenger services on the existing infrastructure. This
suggests enhancements are needed to accommodate the applications. Since Network
Rail and the parties could not resolve the conflicted services, the parties applied to
ORR to make directions under the Act.
3. This letter directs the approval of three firm contractual rights for GBRf to operate trains
at the time slots requested. It also directs that TfWRL is granted twenty four of the
additional twenty six rights for which it applied, enabling an increase in passenger
service levels. The two rights not granted to TfWRL are those which clash with the
current freight services. This ORR decision is based on our independent analysis of the
line’s capability, operational issues, and a cost-benefit analysis of the proposed
services.
2
4. The freight trains are already serving the cement works, so can continue, but on a firm
contractual basis. The additional passenger trains will commence once TfWRL
operational arrangements, including the new rolling stock, are ready.
5. Following examination by ORR, Network Rail declared the line as ‘congested
infrastructure’ in accordance with The Railways (Access, Management and Licensing
of Railway Undertakings) Regulations 2016 (the Regulations). The declaration sets out
legal obligations for Network Rail to conduct capacity analysis and produce a capacity
enhancement plan for consideration.
Background
The Wrexham to Bidston line
6. The Wrexham-Bidston line runs from the Wirral Peninsular to Wrexham, North Wales.
Sections of the track are used by freight trains serving Deeside and the cement works.
At Bidston the line connects with the Merseyrail network. There were plans to extend
the Merseyrail services which have not proved viable. In 2018 Transport for Wales (an
arm’s length Welsh Government body) announced plans for a 2tph service and these
plans were included in the Wales & Borders franchise specification.
Passenger services
7. In 2018, Transport for Wales announced plans for a North Wales Metro. Keolis Amey
Operations (TfWRL’s predecessor) entered into a Grant Agreement with Transport for
Wales in October 2018. This included a requirement to operate 2tph from Wrexham to
Bidston on Weekdays and Saturdays from December 2021 as part of the franchise.
The service specification required participants in that procurement to seek Network
Rail’s confirmation that capacity was available. Network Rail confirmed there was
sufficient capacity for the proposals subject to accommodating freight paths.
8. TfWRL’s plans aim to improve the overall reliability of its services and provide better
connections with the North Wales coast. TfWRL has invested £25m in new diesel-
hybrid Class 230 units to enable a half-hourly service. Due to issues with entry dates
into service, the plan is to supplement them with Class 197 units.
9. TfWRL regard this proposed uplift in services as an important step towards the North
Wales Metro, providing more journey options for residents and visitors across the
region. TfWRL has also stated its aspiration is to increase the frequency of the service
to 4tph.
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