Ms Christine Taylor
Network Rail
By email
: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx Freedom of Information
The Quadrant
Elder Gate
Milton Keynes
MK9 1EN
T 01908 782405
E xxx@xxxxxxxxxxx.xx.xx
23rd November 2015
Dear Ms Taylor,
Information request
Reference number: FOI2015/01066
Thank you for your request of 26 October 2015. You requested the following
information:
It has been acknowledged that the Waterbeach to Kings Cross line is at capacity and
the busiest in the Eastern Region. The village is also seeing expansions in housing
as are the neighbouring villages with more and more commuters accessing
Waterbeach Station. The rapid increase in passengers is set to continue.
The recent incidents of people not being able to get on commuter trains and young
school girls getting pushed off full carriages has been reported in the Cambridge
News but I understand from the article it is too expensive to extend the platform.
http://m.cambridge-news.co.uk/Teen-pushed-crowded-train-Cambridge-angry-
mother/story-28050495-detail/story.html
•
Please can you confirm how much it costs to extend the platform please?
Secondly, I also understand that a business case has been done which rules out
extending the good yards next to Waterbeach station as extra much needed parking
on grounds of cost.
•
I would like to have a copy of that business case please together with the
costs and anticipated annual revenues for the carpark extension.
I have processed your request under the Environmental Information Regulations
2004 (EIR) as the information requested is environmental according to the definition
in regulation 2 of the EIR (section 39 of the Freedom of Information Act 2000 (FOIA)
exempts environmental information from the FOIA, but requires us to consider it
under the EIR).
Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk
I can confirm that we hold some of the information you requested, I will now explain
each part of your request in full.
Please can you confirm how much it costs to extend the platform please?
I can inform you that a feasibility study was undertaken in 2009, investigating the
extension of the platforms at Waterbeach to accommodate 5-car Intercity Express
Programme trains. While this report refers to platform extensions, along with an
estimated cost, it is now no longer valid.
The extensions it describes would be inadequate to those required today (i.e. too
short and the then cost estimate is now out of date). If you would like to obtain a copy
of the outdated report referred to above please submit a request accordingly, which
will be processed as a new request for information.
You may also be interested to know that we are currently undertaking development
work to determine the feasibility of extending the platforms at Waterbeach, among
other interventions, to enable the running of 8-car trains between Kings Lynn and
Cambridge. This is in
Governance for Rail Investment Projects (GRIP) stages 1-2
and currently scheduled for completion in May 2016. Therefore we do not have any
cost estimates to share at this stage.
I would like to have a copy of that business case please together with the costs and
anticipated annual revenues for the carpark extension. I can confirm that we hold the information you have requested. However, this
information is exempt from disclosure, under regulation 12(5)(e) of the EIR.
Regulation 12(5)(e) of the EIR states
12.—(5) For the purposes of paragraph (1)(a), a public authority may refuse to
disclose information to the extent that its disclosure would adversely affect—
(e) the confidentiality of commercial or industrial information where such
confidentiality is provided by law to protect a legitimate economic interest
Our decision is that Regulation 12(5)(e) is engaged because the information sought
is commercial in nature and there would be an expectation of confidentiality between
Network Rail and its contractors during the procurement process and final contract.
Therefore to disclose the information requested would adversely affect the
confidentiality which is protecting the legitimate economic interests of Network Rail
and its contractors.
Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk
This is because providing this information would not only breach confidentiality with
our current supplier but would adversely affect their and Network Rail’s economic
interests by providing an advantage to any third party wishing to submit any future
tenders.
Furthermore, any such disclosure which may unfavourably affect a supplier’s
commercial interests could result in legal action taken against Network Rail.
Under Regulation 12(5)(e) the public authority needs to establish that the public
interest in maintaining the exception outweighs the public interest in disclosing the
information.
In this case the key factors in favour of disclosure are the promotion of accountability
and transparency in the use of public monies by Network Rail and the assistance the
disclosure would provide the public in obtaining a greater understanding of Network
Rail’s decision making processes.
Conversely to the above, to disclose the requested information into the public domain
would adversely affect the confidentiality which is guarding the genuine commercial
interests of our contractors. Any such disclosure whilst impacting on the current
contract would also have severe implications on future tender processes as third
parties might be reluctant to enter into any tender with Network Rail for fear of
information being disclosed at an inappropriate time. Additionally disclosure could
damage Network Rail’s our contractor’s commercial bargaining position for future
negotiations.
Having considered the public interest, our decision is to withhold this information.
This is because, while there is a real and valid interest in how we spend public funds;
on this occasion, this is outweighed by the commercial harm which would be caused
to Network Rail and our contractor’s. It is to the advantage of the public that we do
not impact upon the ability of any company to operate by revealing commercially
sensitive information: ultimately, if such information were disclosed, it could lead to
Network Rail being less able to negotiate best value for its contracts. For this reason,
we are withholding the information.
Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk
If you have any enquiries about this response, please contact me in the first instance
a
t xxx@xxxxxxxxxxx.xx.xx or on 01908 782405. Details of your appeal rights are
below.
Please remember to quote the reference number at the top of this letter in all future
communications.
Yours sincerely,
Rebecca Lindsay
Information Officer
The information supplied to you continues to be protected by copyright. You are free
to use it for your own purposes, including for private study and non-commercial
research, and for any other purpose authorised by an exception in current copyright
law. Documents (except photographs) can also be used in the UK without requiring
permission for the purposes of news reporting. Any other re-use, for example
commercial publication, would require the permission of the copyright holder. Please
contact me if you wish to re-use the information and need to seek the permission of
the copyright holder.
Appeal Rights
If you are unhappy with the way your request has been handled and wish to make a
complaint or request a review of our decision, please write to the FOI Compliance
and Appeals Manager at Network Rail, Freedom of Information, The Quadrant,
Elder Gate, Milton Keynes, MK9 1EN, or by email at
xxx@xxxxxxxxxxx.xx.xx. Your
request must be submitted within 40 working days of receipt of this letter.
If you are not content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk