Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 11 November 2022
- Submitted by
- Other statutory consultees
APPLICATION BY MEDWORTH CHP LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE MEDWORTH ENERGY FROM WASTE COMBINED HEAT AND POWER FACILITY Planning Inspectorate Reference Number: EN010110 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 Medworth CHP Limited's (Applicant's) application for a Development Consent Order (Order) which seeks powers to enable the construction of the Medworth Energy from Waste Combined Heat and Power Facility (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 13 plots (Plots) as land owned by Network Rail including 12 plots in respect of which compulsory acquisition powers to acquire new rights are sought. The compulsory acquisition powers sought are described in the BoR as being compulsory acquisition and temporary use of land and acquisition of new rights (including restrictions) (Compulsory Powers). Network Rail notes that the Compulsory Powers are sought in relation to operational railway land forming part of the disused but operational railway being the March to Wisbech Line. (Line). Although the Line is currently not in use, Network Rail intends to reopen the Line in the near future. The Applicant proposes running an overground pipeline (Pipeline) along the eastern edge of the Line and claims that the Scheme has been designed so as not to prevent the reopening of the Line. Network Rail has concerns around the safety aspect of running the Pipeline alongside an operational railway. The Applicant also proposes that the currently disused level crossing on New Bridge Lane will form part of the main site access for the Scheme. Network Rail and the Applicant are in discussions to secure Scheme access if the Line is reopened. Network Rail objects to the inclusion of the Plots in the Order and to the acquisition of Compulsory Powers in respect of it. The Plots constitutes 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 can 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 acquired and the relevant works 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) agreement that Compulsory Powers will not be exercised; (c) the inclusion of protective provisions in the DCO for its benefit. Network Rail welcomes the fact that there are protective provisions for its benefit in the draft Order and, if necessary, will provide detailed comments on, and amendments to, the protective provisions when it submits its detailed Written Representation. 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 treat Network Rail as an Interested Party for the purposes of the Examination.