Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 2 March 2023
- Submitted by
- Other statutory consultees
APPLICATION BY MALLARD PASS SOLAR FARM LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE MALLARD PASS SOLAR FARM Planning Inspectorate Reference Number: EN010127 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 Mallard Pass Solar Farm Limited's (Applicant's) application for a Development Consent Order (Order) which seeks powers to enable the construction of the new Mallard Pass Solar Farm located on agricultural land on either side of the East Coast mainline near Essendine (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) of land over which Network Rail have rights or land is owned or occupied by Network Rail, including, land forming part of (or adjacent to) the operational railway being the East Coast Main Line (EC Main Line) in respect of which compulsory acquisition powers are sought (Compulsory Powers). The Scheme requires that electrical cabling cross the EC Main Line in order to connect the solar stations to the east and west of the EC Main Line. The Applicant has proposed three methods for crossing the EC Main Line being (1) through existing brick culverts (2) by drilling under the EC Main Line or (3) via the existing bridge deck of the adopted highway (Route Options). The Applicant has not provided sufficient information in its application to justify why all Route Options are necessary, putting pressure on Network Rail to determine which option would be most suitable to protect the integrity of the EC Main Line during the course of the Examination. By not determining which Route Option to pursue, the Applicant is seeking to acquire land which is not required for the development to which the Scheme relates and is doing so without a compelling case in the public interest to justify it. In the view of Network Rail, the third Route Option, which is expected to use the existing bridge deck of the adopted highway, is the preferred approach for electrical cabling. Network Rail's asset protection team has identified this as the preferred method as little change to existing Network Rail infrastructure would be required, although Network Rail engineers are currently assessing the full impact of this approach. 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) the inclusion of protective provisions in the DCO for its benefit. Network Rail is concerned that no protective provisions for its benefit have been provided for in the Order. Network Rail has received confirmation from the Applicant that it does intend to include protective provisions for Network Rail in the next draft of the Order which Network Rail will then need the opportunity to review and comment on. Network Rail is also concerned that as per Schedule 3 of the draft Order, the Applicant is seeking to disapply certain railway legislation, being the Eastern Midlands Railway (Extensions) Act 1988, the Great Northern Railway (Junctions) Act 1865 and the Bourn and Essendine Railway Act 1857. This legislation provides Network Rail with a series of rights and responsibilities which allow Network Rail to carry out its statutory undertaking in respect of the regions covered by the aforementioned legislation. 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.