An extensively delayed determination process
6. For our wider contextual analysis of the lengthy delay in determination of WSMR’s 14 March 2024 Section 17 application we attach our letter to you of 22 July 2024, some 9 months ago.
7. We do not restate the detail of this analysis, but paragraphs 8-15 below summarise the key components of a scale of delay running directly counter to the ORR’s principles of timely, prompt and fair assessment.
8. This delay is further exacerbated by the content of Network Rail’s letter of 7 February 2025.
9. ORR will recall that WSMR started working with Network Rail on timetable development of its proposed service in February 2023, more than 2 years ago, with this being:
a) 14 months prior to the ORR’s 24 April 2024 letter to the industry setting out its ‘Competing and/or complex track access applications for December 2024, May 2025 and December 2025 timetable changes’ process ('ORR 24 April 2024 Process').
b) 16 months before Network Rail’s ‘High Level Plan’ (‘NR High Level Plan’) set out in its 05 June 2024 response to ORR in respect of its 24 April 2024 letter.
c) 24 months before Network Rail’s 7 February 2025 letter.
10. Network Rail also carried out the pre-Section 17 submission industry consultation in November-December 2023, 14 months before Network Rail’s 7 February 2025 letter.
11. WSMR’s Section 17 application was made to ORR 12 months ago, pre-dating the 'ORR 24 April 2024 Process' and the ‘NR High Level Plan’, and a significant number of post-24 April 2024 competing Open Access applications.
12. Network Rail’s letter of 7 February 2025 confirms the existence of 9 West Coast South Rugby Euston Open Access paths but concludes that notwithstanding two years of work with WSMR and nine months of work under the ‘NR High Level Plan’ it is unable “to comment on the ability to accommodate the rights between their origin and destination”.
13. However, Network Rail’s letter does comment on a breadth of topics, including Euston Station passenger flows and the impacts of HS2 away from the geography and Section 17 application timeline of WSMR services, and in doing so appears to extend beyond the fundamental purpose of the 'ORR 24 April 2024 Process' to address specific timetable capacity concerns for various identified pinch points on the Network.
14. It is unfortunate that Network Rail’s Timetable Capacity Assessment contained in the 7 February 2025 letter, undertaken in September 2024, was not shared with WSMR (or presumably ORR) for comment and resolution for c. 5 months, adding further to determination delay.
15. WSMR believes it is disproportionate, unnecessary and in breach of ORR’s principles of fairness that its application under the ORR’s preceding processes has been drawn into the significant national evaluation of capacity instigated via the 'ORR 24 April 2024 Process' and ‘NR High Level Plan’, and that this is continuing to inappropriately delay and preclude ORR’s determination.