Tom Tugendhat

Under EMA’s, Operators will be paid a maximum of 2% of the cost base of the franchise before the COVID-19 pandemic began, with an element of the fee conditional on operators meeting performance, passenger experience and efficiency targets.

The Management Fee is a fixed periodic fee, and is payable at the end of the EMA whilst the Performance Fee covers the EMA Period, with fixed amounts based on an Operators performance, payable after a performance review has taken place.

The Department for Transport issues non-mandatory guidance to English local authorities on setting speed limits, including 20mph speed limits. It suggests that 20mph limits can be introduced in streets that are primarily residential as well as major streets where there may be significant numbers of pedestrian and cycle journeys and this outweighs the disadvantage of longer journey times for motorised traffic.

Local authorities are responsible for taking decisions about setting speed limits on their roads as they have the local knowledge making them the best placed to do so.

The Department has issued notices under Section 78(1) of the Civil Aviation Act 1982 to London Heathrow, London Gatwick and London Stansted airports. These notices set out the noise mitigation requirements for departing and arriving aircraft at these airports, including details on the Instrument Landing System (ILS) joining point arrangements.

The Department does not collect data on where aircraft join the airport’s ILS, but we expect London Heathrow, London Gatwick and London Stansted airports to do so and we encourage other large airports to do the same.

The Department has not provided any specific guidance to NATS, the Civil Aviation Authority or individual airports relating to aircraft arrival operations during an extended period of low air traffic movements. However, we expect that all airports will seek to ensure their arrival operations are efficient, provide safe and stabilised approaches, and minimise their overall environmental impact.

The Department has issued notices under Section 78(1) of the Civil Aviation Act 1982 to London Heathrow, London Gatwick and London Stansted airports. These notices set out the noise mitigation requirements for departing and arriving aircraft at these airports, including details on the Instrument Landing System (ILS) joining point arrangements.

The Department does not collect data on where aircraft join the airport’s ILS, but we expect London Heathrow, London Gatwick and London Stansted airports to do so and we encourage other large airports to do the same.

The Department has not provided any specific guidance to NATS, the Civil Aviation Authority or individual airports relating to aircraft arrival operations during an extended period of low air traffic movements. However, we expect that all airports will seek to ensure their arrival operations are efficient, provide safe and stabilised approaches, and minimise their overall environmental impact.

The Active Travel Fund will deliver over 400 cycling schemes. Whilst the majority of local authorities are reporting a positive impact in local communities, ten local authorities have notified the Department that they have removed schemes funded in tranche one of the emergency active travel fund. We are aware that many other authorities have modified schemes or reprioritised funding in response to feedback from local communities. This is to be expected given that many schemes were introduced on a trial basis, and the pace of delivery as part of the initial phase of the Covid emergency response.

The Emergency Measures Agreements between the Department and Train Operators were designed to bring stability and certainty to the rail industry. Following the expiry of the EMAs in September, the department agreed Emergency Recovery Measures Agreements with the rail industry. These agreements are between the Department and Train Operators, they do not stipulate Network Rail Land utilisation.

At present, Network Rail do not currently have any plans to review the use and function of goods yards to create more off-street parking options at rural stations. The Network Rail property team are however, assessing parking at Network Rail managed stations, this is focusing on opportunities regarding capacity and the potential introduction of electric vehicle charging stations.

The Department for Transport has encouraged all licensing authorities to consider ways in which they can support the trade to continue to operate and provide essential travel. Any measures that authorities elect to introduce are a matter for them. The Department does not hold any data on payment plans or payment deferrals offered by licensing authorities.

As part of COVID related timetable changes, to protect performance across the network during the pandemic and ensure key workers can continue to move across the network, some Medway Valley services now turn at Paddock Wood, to avoid interactions with Main line services and to reduce the need for unplanned skip-stopping on the Main line.

The services that were removed had an average loading of 5 passengers at Tonbridge; the change has resulted in approximately 12 minutes additional travel time for these passengers. However, the current service delivers an overall significant performance improvement for a much larger number of passengers across the network.

Airspace modernisation is vital to the future of aviation, to delivering net zero and create opportunities for airports to manage the noise impact on local communities. It is a critical infrastructure programme of national importance that will support the aviation sector’s recovery from the impact of the COVID-19 pandemic.

However, in light of the pandemic, we recognise that the timescales in which airspace modernisation will take place will change. We are working with the CAA to review the Airspace Modernisation Strategy, to consider the recommendations from ACOG’s recent report ‘Remobilising the Airspace Change Programme’, and will advise stakeholders of our preferred approach later in the Autumn.

In March 2020, the Driver and Vehicle Standards Agency (DVSA) took the difficult decision to suspend most MOTs for buses to support the Government’s efforts to limit the spread of COVID-19.

Since then it has been working hard to safely reintroduce vehicle testing. It has worked closely with the bus industry to ensure operators are clear about test dates and exemptions, and it will increase testing capacity to minimise the operational impact on businesses.

In March 2020, the Driver and Vehicle Standards Agency (DVSA) took the difficult decision to suspend most MOTs for lorries, buses and trailers to support the Government’s efforts to limit the spread of COVID-19.

Since then it has been working hard to keep people safe, whilst still providing a critical worker testing service to support the national emergency response.

The DVSA is managing the reintroduction of vehicle testing and demand for MOTs by:

1. using existing testing resource efficiently through an overtime scheme and redeployment of duties; and

2. implementing a phased return to testing by:

• giving 2 three-month MOT exemptions to those vehicles whose MOTs were originally due in March and April, and;

• giving 1 three-month MOT exemption initially, to those vehicles whose MOTs were originally due from June – initially this will be done for those MOTs due in June, July and August.

• giving vehicles due an MOT in May an exemption until August.

The Driver and Vehicle Standards Agency (DVSA) has carried out a detailed assessment of the number of registered buses due an MOT before 30 November 2020. Based on exemptions currently issued, the volume of tests due from July 2020 to November 2020 for all public service vehicles, which includes buses and coaches, is 52,500.

The government has taken steps to support commercial businesses, including those located within railway stations. These measures include amending the Coronavirus Act to extend the time period for suspension of the forfeiture of evictions from 30 June to 30 September and landlords will also be prevented from using Commercial Rent Arrears Recovery unless they are owed 189 days of unpaid rent. In addition, the temporary ban on the use of statutory demands and winding-up petitions, where a company cannot pay its bills due to the Covid-19 pandemic, has been extended to 30 September. The government has also ensured that businesses and workers have access to unprecedented packages of support, including £330 billion of government-backed and guaranteed loans.

As of the 9 July 2020, Southeastern has 218 rental agreements with tenants to operate businesses within Southeastern managed stations.

The majority of rail season ticket holders (i.e. those with more than seven weeks remaining on their annual ticket) are able to claim a refund. Southeastern and GTR Southern introduced new processes to make claiming easier during COVID-19 travel restrictions, for example the ability for passengers to claim refunds remotely rather than returning their ticket to a ticket office. We have also allowed season ticket holders to backdate their claim to 17th March, when ‘do not travel’ advice was first introduced, and they now have up to 56 days to submit their claim.

The Department does not hold data on the number of season ticket holders who have been unable to claim a refund from Southeastern or GTR Southern since the introduction of the Emergency Measures Arrangements. This is because not all season ticket holders require a refund, as some still need to use their tickets to travel to work.

The Department is reviewing the regulations that apply to e-scooters as part of our Future of Transport Regulatory Review. In response to COVID-19, we are accelerating and expanding planned trials of rental e-scooters, allowing all areas that want to host trials to do so. We will introduce legislation in June to allow trials to begin. Evidence gathered in trials will inform whether and how e-scooters should be legalised in the future.

The Department regularly engages with Network Rail on a whole host of infrastructure matters.

We know how important it is to introduce the long awaited regular services between Maidstone East and the City as soon as possible. My officials continue to work with the industry to resolve the issues which have so far prevented a regular service from being introduced and to provide passengers in Maidstone with a regular all-day service to the City at the earliest opportunity. We will endeavour to arrange a meeting between my Honourable Friend, other relevant MPs and senior representatives from GTR and Network Rail to update on the situation and the work that is ongoing to find a solution as soon as practically possible in light of the COVID-19 pandemic.

A large number of meetings took place in 2018 and 2019 about the delivery of Thameslink services to Maidstone East.

We know how important it is to introduce the long awaited regular services between Maidstone East and the City as soon as possible. My officials continue to work with the industry to resolve the issues which have so far prevented a regular service from being introduced and to provide passengers in Maidstone with a regular all-day service to the City at the earliest opportunity. We will endeavour to arrange a meeting between my Honourable Friend, other relevant MPs and senior representatives from GTR and Network Rail to update on the situation and the work that is ongoing to find a solution as soon as practically possible in light of the COVID-19 pandemic.

Officials held a number of discussions from late 2018 until late 2019 with GTR and within the cross-industry group, the Thameslink Timetable Industry Readiness Board, to consider rolling stock provision for a Thameslink Maidstone East service. Ministers have not met with GTR specifically to discuss rolling stock provision for a Thameslink Maidstone East service, but do regularly engage with GTR on a wide range of issues.

We know how important it is to introduce the long awaited regular services between Maidstone East and the City as soon as possible. My officials continue to work with the industry to resolve the issues which have so far prevented a regular service from being introduced and to provide passengers in Maidstone with a regular all-day service to the City at the earliest opportunity. We will endeavour to arrange a meeting between my Honourable Friend, other relevant MPs and senior representatives from GTR and Network Rail to update on the situation and the work that is ongoing to find a solution as soon as practically possible in light of the COVID-19 pandemic.

Govia Thameslink Railway is in discussions with the Department to identify future requirements for the Uckfield line. However, these discussions are at a very early stage, and therefore we do not have any confirmed plans in place at this time. Further updates on this matter including timescales will be provided when it is appropriate to do so.

The Franchise Agreement between Govia Thameslink Railway and the Department specifies two trains per hour between Maidstone East and Cambridge (via the Thameslink core). As with any service introduction, this is subject to obtaining the necessary track access rights from Network Rail.

Following the introduction of the May 2018 timetable, which caused serious disruption to passengers, it was decided any new introduction of service would need to go through more rigorous scrutiny. Thus all future timetable changes need to guarantee the stability and reliability of services.

Unfortunately, introducing the Maidstone East Thameslink services onto an already busy and complex railway network is not yet possible without seriously compromising reliability of existing train services that thousands of passengers rely on every day. Several issues are currently preventing the introduction of the service: on top of timetabling constraints, rolling stock availability and stabling facilities are issues that need to be solved. I can assure my Rt Hon Friend the industry is working hard to resolve these and provide passengers in Maidstone with more frequent services to the City of London as soon as possible. I have had various meetings on this matter with all involved and understand how frustrating this delay is for residents of Maidstone, and other areas which will be served by this route. I will keep my Hon Friend up to date as solutions are found.

The matter of compensation for season ticket holders in the event of disruption is the responsibility of the train operating companies, in this case Govia Thameslink Railway (GTR). Under its Passenger’s Charter, GTR operates both the Delay Repay and Enhanced Compensation schemes, and I would encourage season ticket holders and other passengers affected by the disruption on this route as a result of the landslip at Godstone to make the appropriate claims under these schemes.

Govia Thameslink Railway is in discussions with the Department to identify future requirements for the Uckfield line. However, these discussions are at a very early stage, and therefore we do not have any confirmed plans in place at this time. The Department will not be publishing details of these discussions as they are of a commercially sensitive nature. Further updates on this matter will be provided when it is appropriate to do so.

The Department for Transport has allocated Kent county council a total of £34.45m of additional funding in the last two years in recognition of the particular pressures on the County’s road network due the flow of freight traffic to the short strait crossings. This funding was allocated in particular in the context of the development of the Operation Brock traffic management plan, and it has enabled work to improve the resilience of roads that could come under increased pressure in the event of cross-channel disruption.

We will continue to work closely with the Kent resilience forum and other local resilience forums to monitor the situation, including reviewing any additional funding requirements.

NHS Property Services has to date been required to reinvest proceeds of surplus site disposals in maintaining its existing estate. The Department is working now with NHS England and NHS Improvement to give NHS Property Services the ability to ringfence a proportion of future proceeds secured from disposals of surplus sites for reinvestment in local National Health Service estate priorities.

With regards to Edenbridge War Memorial Hospital, the site is not currently surplus to NHS operational requirements and unless this position changes and the property is vacated and sold, there are currently no such receipts available to reinvest. NHS Property Services is working closely with the Kent and Medway Clinical Commissioning Group and the local Sustainability and Transformation Partnership to understand their priorities and how it can best support this.

The information requested is not held at this local level.

Tonbridge Cottage Hospital transferred from West Kent Primary Care Trust upon its abolition in 2013 to NHS Property Services. Since May 2019 National Health Service trusts and foundation trusts can request a transfer of estate in the ownership of the NHS Property Companies, which includes NHS Property Services.

Applicant trusts are required to submit a business cases to the Department explaining how a transfer of ownership will benefit the local health system and confirming that the transfer would be on the terms set out in guidance. The Department will then decide whether the transfer should take place.

Kent Community Health NHS Foundation Trust submitted a business case for the transfer of Tonbridge Cottage Hospital in March 2020. We are currently assessing this and are in discussions with the trust and NHS Property Services as part of the process.

The Government is in continual dialogue with the insurance sector about its contribution to handling this unprecedented situation. The Government is also working closely with the Financial Conduct Authority (FCA) to ensure that the rules are being upheld during this crisis.

For those businesses which have an appropriate policy that covers government ordered closure and unspecified notifiable diseases, the Government’s social distancing instructions are sufficient to allow businesses to make a claim against their insurance, provided the other terms and conditions in their policy are met.

The FCA’s rules require insurers to handle claims fairly and promptly; provide reasonable guidance to help a policyholder make a claim, and appropriate information on its progress; not reject a claim unreasonably; and settle claims promptly once settlement terms are agreed. In addition, the FCA has said that, in light of COVID-19, insurers must consider very carefully the needs of their customers and show flexibility in their treatment of them.

Furthermore, on 15 April, FCA sent a letter to the insurance industry, setting out the FCA's expectation of firms regarding their handling of business interruption insurance claims, urging insurers to settle claims quickly in cases where there was a clear obligation to pay the claim in full or in part.

In addition, on 1 May, the FCA published a statement setting out their intention to seek legal clarity on the handling of business interruption insurance claims, in order to resolve any doubt for businesses facing uncertainty on their claims. In their statement the FCA also noted that insurers should look at how they can help consumers who are experiencing financial distress as a result of COVID-19.

However, most businesses have not purchased insurance that covers losses from COVID-19. Insurance policies differ significantly, so businesses are encouraged to check the terms and conditions of their specific policy and contact their providers.

The Government recognises that businesses who do not have appropriate insurance cover will require support from elsewhere. As such, businesses should explore the full package of support set out by the Chancellor, which includes measures such as business rates holidays, the Coronavirus Business Interruption Loan Scheme, and wage support.

Events hire companies could be eligible for the Small Business Grant Fund if they are in receipt of Small Business Rates Relief or Rural Rates Relief. Businesses are eligible for a £10,000 per property, for each of their properties in receipt of these reliefs.

Events hire companies could also be eligible for the Retail, Hospitality and Leisure Fund. Businesses are eligible for a £25,000 grant per property, for each property which is used for retail, hospitality or leisure purposes with a rateable value between £15,000 and £51,000. Businesses are also eligible for a £10,000 grant per property, for each property used for these purposes with a rateable value of £15,000 or less which is not in receipt of Small Business Rates Relief or Rural Rates Relief.

Events hire companies which are not eligible for grants from these two funds because of how they interact with the business rates system may be eligible for a discretionary grant from their Local Authority. Government has provided up to an additional £617m for Local Authorities in England to enable them to make grants payments to businesses in these circumstances.

Local Authorities are responsible for defining precise eligibility for these discretionary grant funds. However, it is our intention that the following businesses should be considered as a priority for these funds:

• Businesses in shared offices;
• Regular market traders who do not have their own business rates assessment;
• B&Bs which pay Council Tax instead of business rates; and
• Charity properties in receipt of charitable business rates relief which would otherwise have been eligible for Small Business Rates Relief or Rural Rate Relief.

Recipient businesses will also have to meet the following criteria:

• They must be facing high fixed property-related costs;
• They must be able to demonstrate that they have suffered a significant fall in income due to the Covid-19 crisis;
• They must have fewer than 50 employees;
• They must have been trading on or before 11th March.

Businesses will need to apply to their Local Authority in order to receive grants. Each Local Authority will need to create their own process, which may take some time. We encourage businesses to look out for their Local Authority’s version of this scheme, and to contact their Local Authority for more information in due course.

We have been working closely with councils and each local authority has a dedicated contact point in the shielding programme. Our South East Regional Team currently works closely with Tonbridge and Malling Borough Council, as well as Kent County Council and its lead District Council Tunbridge Wells. Officers from the team continue to speak with senior officers on matters regarding people who are shielding. This support will continue as the core offer to those shielding has been extended until the end of July.

Our £50 million Re-opening High Streets Safely Fund (RHSSF) will provide councils with additional funding to support their business communities with measures that enable safe trading in public places. We have provided guidance for local authorities on the activities that can be funded through RHSSF. This includes the provision of Information Officers to deliver?business-facing?awareness activity, as set out in strand three of eligible activity in the fund guidance.?The RHSSF is not intended to fund all of the interventions listed in the Safer Public Spaces guidance, published in May, which included the option of street stewards to help manage pedestrian flows.

Our £50 million Re-opening High Streets Safely Fund (RHSSF) will support a range of practical safety measures to help businesses trade safely on our high streets. Whilst street wardens cannot be funded through this stream of funding, Local authorities may wish to fund Information Officers to deliver?business-facing?awareness activity, as set out in strand three of eligible activity in the fund guidance. Signage, street markings and temporary barriers are also in scope of funding. The RHSSF will provide the tools to help towns and cities develop safe trading environments, particularly in high streets, and will be key to kick starting the economy, getting people back to work, businesses trading and helping to reinvigorate communities.

Further information on the RHSS Funding Agreement and claims process will be made available in due course.

It is important to keep the planning system moving as much as we can, so that it is able to play its full part in the economic recovery to come. We note the concerns some authorities are raising on 5 year housing land supply and we will continue to monitor the situation.

On 13 May the Secretary of State announced measures to further support house building. This included: allowing more flexible working hours on construction sites which will support these sites in meeting social distancing requirements; a statement that site visits and the use of digital technology and virtual meetings should become the norm in planning casework by mid-June; and introducing a range of temporary measures to make it easier to operate the planning system, especially the development management process, within the current public health guidelines. More information is available here: https://www.gov.uk/guidance/coronavirus-covid-19-planning-update

National planning policy and guidance include strong protections against noise effects, making it clear that the planning system should prevent new and existing development from being adversely affected by unacceptable levels of pollution.

Plan-making and decision making need to take account of the acoustic environment and in doing so consider whether or not an adverse effect is occurring or likely to occur when development may create additional noise, or would be sensitive to the prevailing acoustic environment (including any anticipated changes to that environment from activities that are permitted but not yet commenced).

Planning guidance is clear that this can include noise pollution from aircraft, where this could subject residents or occupiers to significant noise impacts.

Local authorities are equipped with a range of powers and strong incentives to tackle empty homes. Through the New Homes Bonus, they earn the same financial reward for bringing an empty home back into use as for building a new one. Since 1 April 2019, via the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018, local authorities have the discretion to increase the maximum level of premium charged on properties that have been empty for more than two years from 50 per cent to 100 per cent extra council tax. In certain circumstances, local authorities can apply for an Empty Dwelling Management Order (EDMO) to temporarily take over the management of a property that has been empty for more than two years and bring it back into use

The National Planning Policy Framework is clear that local authorities’ plans and decisions should support efforts to identify and bring back into residential use empty homes and other buildings in general, supported by the use of compulsory purchase powers where appropriate.