Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 5 June 2023
- Submitted by
- Other statutory consultees
This is the section 56 representation of Network Rail Infrastructure Limited (Network Rail) provided in respect of West Burton Solar Project Limited's (Applicant) application for a Development Consent Order (Order) which seeks powers to enable the construction, operation, maintenance and decommissioning of the West Burton Solar Project, being a ground mounted solar photovoltaic panel array, energy generating facility, a Battery Energy Storage System, and supporting infrastructure (Scheme). The Book of Reference (BoR) identifies plots 06-068, 06-069, 06-070, 06-071, 06-072, 06-073, 06-074 and 06-083 (Plots) as land owned by Network Rail in respect of which compulsory acquisition powers to acquire new rights are sought. The compulsory acquisition powers sought are described in the BoR and on the Land Plans as being: • new rights (including restrictions) to be compulsorily acquired and temporary use of land and in relation to which it is proposed to suspend or extinguish easements, servitudes and other private rights; and • temporary use of land and in relation to which it is proposed to temporarily suspend easements, servitudes and other private rights (together Compulsory Powers). Network Rail notes that the compulsory powers are sought in relation to operational railway land forming part of the operational railway being the Sheffield to Lincoln line. 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 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) Network Rail welcomes the fact that there are protective provisions for its benefit in the 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 Examination.