Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 30 September 2020
- Submitted by
- Members of the public/businesses
Submission Withdrawn by email dated 03 September 2021 [REP7- 145] APPLICATION BY NNB GENERATION COMPANY (SZC) LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE SIZEWELL C NUCLEAR POWER STATION PLANNING INSPECTORATE REFERENCE: EN010012 SECTION 56 PLANNING ACT 2008: RELEVANT REPRESENTATION OF NETWORK RAIL INFRASTRUCTURE LIMITED This is the section 56 representation of Network Rail Infrastructure Limited (Network Rail) provided in respect of NNB Generation Company (SZC) Limited's (Applicant's) application for a Development Consent Order (Order) seeking powers to construct a nuclear power station known as Sizewell C (Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain. The Book of Reference (BoR) identifies 17 plots (Plots) of land owned by Network Rail forming part of the operational railway being the Saxmundham to Leiston branch line (Branch Line) in respect of which compulsory acquisition powers are sought (Compulsory Powers). The Applicant proposes that three freight trains will serve the Scheme (six new movements) during the construction and operational phases to assist with a reduction in reliance on road traffic and to reduce the Scheme's environmental impacts (Freight Use). This is, in principle, supported by Network Rail. To achieve the Freight Use, the Applicant seeks the Compulsory Powers over the Plots to enable upgrades to the existing Branch Line, level crossing upgrades and an upgrade to the Saxmundham Junction. The Applicant also proposes the creation of a new 'Green Rail Route' to the construction site; a freight train siding and bridge oversailing the Branch Line (Proposed Works). The Applicant and Network Rail are in discussions in relation to the Scheme. However, to date, the Applicant has not been able to provide Network Rail with sufficient information about the Proposed Works and the Freight Use for Network Rail to analyse (i) the impacts of the Proposed Works and Freight Use on the operational railway and (ii) whether or not the Proposed Works are sufficient and deliverable so as to enable the Freight Use. However, Network Rail does have concerns, as introducing any Freight Trains on the East Suffolk line will (due to their slower running speeds), cause an increased risk and delay to users of level crossings. The level of risk, and how this can be mitigated, needs careful consideration. To safeguard Network Rail's interests and the safety and integrity of the operational railway, Network Rail objects to the inclusion of the Plots in the Order and to Compulsory Powers being granted in respect of them. The Plots constitute land acquired by Network Rail for the purpose of its statutory undertaking and, accordingly, this representation is made under section 56 and sections 127 and 138 of the Planning Act 2008. Network Rail considers that there is no compelling case in the public interest for the Compulsory Powers and that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that new rights and restrictions over the Plots can be created without serious detriment to Network Rail's undertaking; no other land is available to Network Rail by which to make good the detriment. Network Rail also objects to all other compulsory powers in the Order that affect, and may be exercised in relation to, Network Rail's property and interests. In order for Network Rail to be in a position to withdraw its objection Network Rail requires: (a) further information from the Applicant about the Proposed Works and the Freight Use; (b) agreements with the Applicant regulating the manner in which rights over the Plots are acquired and the manner in which work impacting the Plots, and any other land owned by Network Rail, is carried out, including terms protecting Network Rail's statutory undertaking; (c) agreement that the Compulsory Powers will not be exercised; and (d) the inclusion of appropriate protective provisions in the Order for its benefit Network Rail is concerned that no protective provisions for its benefit have been provided for in the Order but has received confirmation from the Applicant that it does intend to include protective provisions for Network Rail in the next draft of the Order. Network Rail requests that the Examining Authority treat Network Rail as an Interested Party for the purposes of the Examination and reserves the right to produce additional grounds of concern when further details of the Scheme and its effects on Network Rail's land are available.