Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 17 May 2024
- Submitted by
- Other statutory consultees
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 RWE Renewables UK Solar and Storage Limited's (Applicant) application for a development consent order (Order) which seeks powers to enable the construction and operation of a solar farm capable of generating over 50MW Alternating Current (AC) of electricity with co-located battery energy storage system (“BESS”), at Byers Gill (Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain. Compulsory acquisition powers to acquire new rights over land in which Network Rail retain an interest are included in the Order (plots 13/16 and 13/17). Acquisition of these rights is not objected to as they relate to disused railway (former Stockton to Shotton line) now in third party ownership. However, the application (via the Outline Construction Traffic Management Plan) describes the proposed routes by which vehicles (including HGVs) will provide access to, and egress from, the Applicant's proposed construction compounds (Designated Routes). The Designated Routes which interact with Network Rail assets are Panel Area Routes A, B, E and F. These Panel Area Routes interact with the East Coast Main Line (Railway) and potentially impact on 6 bridges owned by Network Rail: • East of A1M) Overline Bridge (ECM5/251) • Brafferton Overline Bridge (ECM5/221) • Near Hall Garth Hotel Underline Bridge (ECM5/201) • West of A167 Underline Bridge (ECM5/161) • Aycliffe Viaduct (ECM 5/128) • A1(M) Road Bridge Underline Bridge (DAE1 / 13A) There are also 3 potentially affected bridges along the routes shown as Key Weight Restrictions, albeit it is unclear from the application if it is proposed any use is to be made if these routes: • Overline Bridge, Mordon (STF 20) • Bread and Beer Limited Clearance Overline Bridge (STF 19) • Race Course Overline Bridge (STF 18) (together, the Bridges) Network Rail wishes to ensure that the Scheme will not have a detrimental impact on the Bridges or the operation of the Railway and that the safety of the Railway is maintained during the construction, operational and decommissioning phases of the Scheme. The application for the Order describes an increase in movements which will reach a maximum of 90 staff vehicle movements and 36 - 72 HGV movements per day during the peak construction period. The movements during the operational phase (146 movements per year) are minimal, but would nevertheless require to be considered dependent on the type and size of vehicle being used. The decommissioning phase is forecast to give rise to the same level of trip generation as the construction phase. Network Rail wishes to ensure that the vehicle and HGV movements on, under or near the Bridges are undertaken safely at all times. Network Rail must be able to exercise adequate control over the use of the Bridges by the Applicant and its contractors to ensure that vehicle and HGV movements are properly regulated. The detail of the Outline Construction Traffic Management Plan is therefore being fully reviewed by its engineers to allow a more detailed response to be made and discussions undertaken with the Applicant. The Bridges constitute land owned by Network Rail for the purpose of its statutory undertaking and, accordingly, this representation is made under section 127 of the Planning Act 2008. Network Rail also objects to all compulsory powers in the Order to the extent that they affect, and may be exercised in relation to, Network Rail's property and interests (under exception of plots 13/16 and 13/17 detailed above). In order for Network Rail to be in a position to withdraw its objection Network Rail will seek amendments to protective provisions and/or requirements within the Order and/or an agreement with the Applicant which regulate the following: a) the use of the Bridges by vehicular traffic; b) the liability of the Applicant for necessary repairs and upgrades to the Bridges as a result of its use by construction, operational and decommissioning traffic associated with the Scheme, including terms which protect Network Rail's statutory undertaking; and c) a safe system of work for regular and irregular large and/or slow moving vehicles. Network Rail is hopeful that an agreement can be reached with the Applicant but until such time, to safeguard Network Rail's interests and the safety and integrity of the operational railway, Network Rail objects to the Order. Network Rail requests that the Examining Authority treats Network Rail as an Interested Party for the purposes of the Examination, and reserves the right to produce additional and further grounds of concern when further details of the Scheme and its effects on Network Rail's land are available.