Land disposal

Condition 26 of Network Rail’s network licence came into force in November 2001. It ensures that land needed for the development of both the passenger and freight railway networks is protected from disposal, by requiring Network Rail to gain ORR’s consent. Without this condition, Network Rail would have unrestricted freedom to dispose of, or otherwise deal with, its property assets in ways that promote the company’s commercial objectives but which could conflict with public interest.

When Network Rail gives ORR notice of a planned disposal of land, we consult DfT, the Scottish Executive and National Assembly for Wales (as appropriate), the relevant train passenger operators, freight train operators, the Rail Freight and Freight Transport Association, local authorities, Passenger Transport Authorities and Passenger Transport Executives, Passengerfocus/London TravelWatch and British Transport. We will issue a decision on the proposed disposal, either granting or refusing consent, within three months.

As part of ORR’s commitment to transparent regulation, we will place copies of the consultation papers and subsequently the decisions and the decision-explaining documents on this website.

We have launched more effective land disposal arrangements which will place greater emphasis on Network Rail delivering proposals acceptable to its stakeholders. We have not made any changes to Condition 26 - the land disposal licence condition.