Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 27 January 2020
- Submitted by
- Other statutory consultees
APPLICATION BY EAST ANGLIA ONE NORTH LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE EAST ANGLIA ONE NORTH OFFSHORE WINDFARM PLANNING INSPECTORATE REFERENCE: EN010077 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 the application submitted by East Anglia ONE North Limited (Applicant) for a Development Consent Order (Order) which seeks powers to enable construction and operation of the proposed East Anglia ONE North Offshore Windfarm, which comprises up to 67 wind turbine generators, overhead line realignment works and associated development (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 Plots 25 – 30 (inclusive) (Plots) as land owned or in which Network Rail has a property interest in respect of which compulsory powers to acquire new rights and to acquire land are sought, as well as other compulsory powers (Compulsory Powers). The Compulsory Powers are sought in relation to operational railway land and other railway property. Network Rail objects to the inclusion of the Plots in the Order and to the acquisition of Compulsory Powers 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 acquisition of the Compulsory Powers and Network Rail considers that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that new rights and restrictions over the railway land can be created without serious detriment to Network Rail's undertaking; no other land is available to Network Rail which means that the detriment cannot be made good by them. Network Rail also objects to all other compulsory powers in the Order to the extent that they 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) agreements with the Applicant that regulate: (i) the manner in which rights over the Plots and any other railway property are carried out including terms which protect Network Rail's statutory undertaking and agreement that compulsory acquisition powers will not be exercised in relation to such land; and (ii) the carrying out of works in the vicinity of the operational railway network to safeguard Network Rail's statutory undertaking. (b) the inclusion of protective provisions in the DCO for Network Rail's benefit. To safeguard Network Rail's interests and the safety and integrity of the operational railway, Network Rail objects to the inclusion of the Compulsory Powers and any other powers affecting Network Rail in the Order. Network Rail requests that the Examining Authority treats Network Rail as an Interested Party for the purposes of the Examination.