NEX23/59 Legal Services for the Washington Metro Loop

Nexus requires suitably qualified and experienced legal advisors, who will be appointed to a zero-value eight-year framework to support Nexus on a project to plan, construct, commission and operate passenger services on the Washington Metro Loop WML). Subject to approval of the Outline Business Case (OBC) by Government in due course, the legal retainer is expected to encompass the advice required to (i) prepare the content of the OBC; (ii) implement the agreed strategies set out in the OBC; (iii) deliver the OBC strategies and, in turn, commence operations on the WML in years ahead. The exact scope of work during the framework term will be subject to the timely progress of the project. The legal advisors will be required to have strong levels of recent experience across rail infrastructure projects, including but not limited to experience in the following areas: • Strategies in connection with land acquisition and consents; • Planning matters including permitted development rights in a rail context; • Rail regulatory matters including licensing, consents and communications with regulatory bodies; • Rail operations; • Interfaces with Network Rail as a key delivery partner in the project, to include areas such as infrastructure management, track access, station leases and train operations; • Project governance and communications with project stakeholders including local authority and combined authority partners, DfT and MHCLG among others; • Project funding; • Procurement, with the potential need for additional rolling stock as part of the project deliverables; • Environmental and/or social issues connected with the project; • Rail construction and engineering contracts; and • Project insurances. The WML Project The WML is currently funded by the North East Combined Authority (NECA) but the aspiration is it will become a flagship project of the North East Mayoral Combined Authority (NEMCA) following the election of a North East mayor in May 2024. The WML aims to enhance connectivity and accessibility across the South of Tyne and Wearside area through the restoration of former railway alignments including the Leamside Line. Closed to passenger services in 1964 before becoming entirely disused approximately 30 years later, the Leamside Line connects with the East Coast Mainline and Durham Coast Line at Tursdale and Pelaw respectively. However, it is important to note that the Washington Metro Loop would only require reinstatement of part of the Leamside Line, from Pelaw to north of Penshaw, and not its full opening. Any involvement of the Washington Metro Loop in the further reinstatement of the Leamside Line is likely to be limited to inclusion of passive provision for heavy rail traffic and management of project interfaces where necessary, and that is reflected in the scope of this framework let. The Strategic Outline Business Case (SOBC) for the project states constructing the WML would bring economic, societal, and environmental benefits to the area by: • Creating nearly 8 million additional passenger journeys per year; • Giving Washington - the fourth largest town without access to a rail service - new connections across Tyne and Wear; • Reducing carbon emissions by nearly 87,000 tonnes per year; • Providing reliable and resilient travel; • Focusing on places in need of 'levelling up'; and • Increasing the feeling of 'pride in place' and putting locations 'back on the map'. The Washington Metro Loop will link existing stations at Pelaw and South Hylton via Washington. The OBC will also review options for further extensions enabling direct services to South Shields from Washington and Sunderland respectively. The project will require track works, new stations, additional services, signalling and traction power. Three station locations have been earmarked on the WML although the number and location are subject to change as the project progresses through development. Furthermore, demand modelling and timetabling constraints, amongst other factors considered in the planning of the project, will dictate how the service will operate. Timescales and funding Nexus has been asked by Transport North East (TNE), who provide strategy, planning and delivery services on behalf of the North East Joint Transport Committee (NEJTC), to assist with the development of the OBC given its record in delivering major infrastructure projects and programmes. As such Nexus will be the client for the framework services and is viewed as the obvious delivery agent for the project post-OBC. The OBC is anticipated to take the next two to three years to develop; funding has been provided to Nexus to commence the OBC but the ultimate progress of the project to OBC submission and delivery phases will remain subject to funding in due course. Indicative timescales and milestones 2023-2026 Scheme development to funding in principle, option selection, preparation of land, planning and consents strategy. 2026-2030 Execution of land, planning and consents strategy, procurement of design and build contractor/s, procurement of additional fleet, scheme preparation and consultation. From 2030 Construction and delivery, handover of assets.