The High Court is expected to rule soon on Heathrow Airport’s claim that it can recoup from Crossrail some of the costs of building a rail connection to the airport.
Heathrow Airport Limited (HAL) is in dispute with rail regulator the Office of Rail and Road (ORR), which ruled last year that HAL is not permitted to introduce all of its proposed new charges for train operators to use a five-mile stretch of track it built twenty years ago linking to the Great Western main line.
Crossrail (Elizabeth Line) services are due to start next year
The ORR says HAL wants to charge Crossrail services, which start next year, £597 per train to recoup historical build costs and £138 per train for operational expenditure.
HAL is required by law to establish charges for train operators using its track. But the ORR it says it has a statutory role in ensuring charges to run trains on relevant networks are underpinned by evidence and comply with legal requirements.
The ORR says its rejection of HAL’s proposals related specifically to the airport operator’s suggestion that the line could not have been constructed without the prospect of funding from train operators, which is the legal test it has to apply.
An ORR spokesman said: ‘In May 2016, taking into account representations and evidence from affected parties, including considerable documentation and submissions from Heathrow Airport Limited (HAL), we decided HAL is not permitted to introduce all of its proposed new charges for train operators to use its track, which links Heathrow Airport to the Great Western main line.’
A spokesperson for HAL said: ‘We are committed to increasing public transport to Heathrow and look forward to the arrival of Crossrail in May 2018.
‘We need to ensure that track access charges are fair and are waiting on a ruling from the courts on whether the regulations apply and if so, their correct application to costs.’
Transport for London declined because of the ongoing court case to comment on suggestions that it might decide not to run Crossrail trains to the airport if HAL wins its case.
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