Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 13 February 2024
- Submitted by
- Other statutory consultees
APPLICATION BY ASSOCIATED BRITISH PORTS FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR EAST YORKSHIRE SOLAR FARM LIMITED Planning Inspectorate Reference Number: EN010143 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 East Yorkshire Solar Farm Limited's (Applicant) application for a Development Consent Order (Order) to authorise the comprise the construction, operation (including maintenance) and decommissioning of ground mounted solar photovoltaic (PV) panel arrays which will generate electrical energy from the sun. The Scheme includes underground cabling to connect to the national electricity transmission network at National Grid's Drax Substation; underground cabling between the areas of solar PV panels; areas of landscaping and biodiversity enhancement; and other 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) recognises plot 15 (Plot), identifiable on Sheet 15 of the Land Plans, as land owned by Network Rail in respect of which compulsory acquisition powers to acquire new rights are sought (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 Hull to Selby Line (Railway Line). Network Rail objects to the inclusion of the Plot in the Order and to the acquisition of Compulsory Powers in respect of it. The Plot constitutes land owned 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 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. The Applicant also proposes to access a compound via Rowlandhall Lane to carry out construction works including the use of tractor-trailers. Network Rail's engineers are determining the extent to which any additional works or mitigation measures are required to ensure the safety of the Rowlandhall Level Crossing and that HGV routing will not be conducted in this area. 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 Plot 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; and (b) 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 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.