Safeguarding (planning law)

In British planning law, the term safeguarding refers to provisions that protects future infrastructure projects such as roads, railways, utilities and other infrastructure projects from conflicting development.[1][2] Safeguarding of a project does not prohibit development, but ensures that any development allows for the future infrastructure project to be built and protects the land that would make building a future project more difficult.[3][4]

Safeguarding of a particular project does not guarantee that the infrastructure will be built in future, and does not allow for compulsory purchase of land or the power to start construction. Those permissions have to be obtained through other legal processes, such as a Transport and Works Act Order or a hybrid bill.[4] Formal Safeguarding Directions to confirm the safeguard of a project are issued by the relevant secretary of state.[2]

Examples of projects that have been safeguarded include Crossrail 2,[4] the Bakerloo line extension[2][5] and High Speed 2.[3]

Passive provision

Safeguarding can also refer to efforts to allow future infrastructure to be built more easily, such as a straight piece of railway line at the location of a planned future station,[6] or space for a future service area on a motorway. This is sometimes referred to as 'passive provision'.[6]

References

  1. ^ "Developer and Local Planning Authority Safeguarding Q&A All Phases of the HS2 route" (PDF). High Speed 2. October 2021. Retrieved 2 June 2022. Safeguarding is a technical term for an established part of the planning system that aims to protect large-scale infrastructure projects, such as roads or railways, from conflicting developments.
  2. ^ a b c "Bakerloo line extension Statutory Safeguarding" (PDF). Transport for London. October 2021. Retrieved 2022-06-02.
  3. ^ a b "Safeguarding". HS2. Retrieved 2022-06-02.
  4. ^ a b c "Safeguarding". Crossrail 2. Retrieved 2022-06-02.
  5. ^ Salisbury, Josh (9 December 2020). "Bakerloo line extension one step closer after route given protected status". Southwark News. Archived from the original on 9 December 2020. Retrieved 2 April 2021.
  6. ^ a b "Coming soon: a new stop on the DLR". The Royal Docks. Retrieved 2020-04-17. This stop between West Silvertown and Canning Town was never built, but the line has always allowed space for it, known as 'passive provision'.


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