Decision details

The Council wishes to construct a cycling and walking route alongside the River Skerne between Albert Road and John Street as part of its transport strategy, Green Infrastructure Strategy and Town Centre Fringe master plan. The route is the missing link in a cycle route from Darlington town centre via Harrowgate Hill (to be signed as the Harrowgate Hill route) to Newton Aycliffe using off road paths and quiet residential streets.
Over a number of years the Council has acquired all the necessary land and has been granted planning permission for the construction of the scheme. One piece of land remains which is in Network Rail’s ownership, and negotiations to purchase the land have been unsuccessful as NR are unwilling to sell it. To expedite the situation it is proposed to construct and use the route under a licence agreement. Draft wording has been agreed in principle and the risk of termination by network Rail assessed as ‘low’, based on its track record (50 agreements in place and no terminations).

To enter into an agreement with Network Rail to use their land as a walking and cycling route.

To implement the John Street cycle link and achieve all of its outputs and outcomes in terms of completing the Harrowgate Hill cycle route; achieve an increase levels of walking and cycling; reduce antisocial behaviour in the area; improve access to North Road rail station; and extend the green corridor alongside the River Skerne as part of Town Centre Fringe regeneration.

The assessment of risk is ‘low’.

Availability of funding –Local Growth Fund monies has been awarded to the scheme following a due diligence process. This funding is time limited to 2016/17.

A draft agreement has been discussed and agreed in principle by both parties.

Barrister advice was sought to consider the option to pursue a Compulsory Purchase Order to acquire the land from Network Rail. It was considered that there was a strong case to do this, however this is a lengthy process and does carry risks.

Alternative locations for the cycle route were also considered. These are limited as the River Skerne and Bishop Line rail line form barriers to movement. North Road carries a significant amount of traffic and the route under the railway line is too narrow to create space for a dedicated cycle route either on or off road. Also the opposite bank of the River Skerne is too steep and wooded to construct a route.