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Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)

Date submitted
18 July 2023
Submitted by
Members of the public/businesses

APPLICATION BY NATIONAL GRID ELECTRICITY TRANSMISSION PLC’S FOR THE NATIONAL GRID (BRAMFORD TO TWINSTEAD REINFORCEMENT) ORDER 202[X] PLANNING INSPECTORATE REFERENCE: EN020002 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 National Grid Electricity Transmission plc’s (the Promoter) application for a development consent order (the Order) for The National Grid (Bramford to Twinstead Reinforcement) Development Consent Order (the Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain, including the Great Eastern Main Line, which lies to the east of Bramford and branch lines thereof including the Sudbury and Marks Tey lines (the Railway). The Order sought by the Promoter includes development consent for the construction and operation of a new double circuit electricity transmission network reinforcement of c.29km, consisting of overhead lines, underground cables, a grid supply point substation and associated development. The Promoter seeks authority and powers in the draft Order for new rights to be compulsorily acquired over the following plots on the Railway and land owned by Network Rail: 1. 554 square metres of Access track over railway (Sudbury Branch Line), works and land (east of Henny Road) (plot 20-28); 2. 26 square metres of Railway (Marks Tey Line and Sudbury Line), works and land access road (Henny Road) (plot 20-33); 3. 5520 square metres of Agricultural land (east of Henny Road) (plot 20-34); 4. 847 square metres of Railway (Sudbury Branch Line), works and land (east of Henny Road) (plot 20-36); 5. 356 square metres of Railway (Marks Tey Line and Sudbury Line), works and land (plot 20-38); 6. 4078 square metres of Railway (Marks Tey Line and Sudbury Line), works and land and overhead electricity lines (east of Henny Road) (plot 20-39); and 7. 546 square metres of Railway (Sudbury Branch Line), works and land (east of Henny Road) (plot 20-42) Network Rail wishes to ensure that the Scheme will not have a detrimental impact on the operation of the Railway and that the safety of the Railway is maintained during the construction, operation and ongoing maintenance requirements of the Scheme. As the Promoter proposes to compulsorily acquire land and rights to be exercised in close proximity to the Railway, including rights of access to land adjoining the Railway, Network Rail wishes to object to the making of the Order on the ground that the rights sought might interfere with the safe and efficient operation of the Railway. In order for Network Rail to be in a position to withdraw its objection Network Rail will require adequate protective provisions and/or requirements to be included within the Order and an agreement with the Promoter to ensure that the new rights sought are exercised in regulated manner to prevent adverse impacts to the Railway. We note that the Promoter has proposed protective provisions for the benefit of Network Rail within the draft Order so the principle of this approach is not anticipated to be an issue. In the absence of such protection for the benefit of Network Rail, there is a real likelihood that execution of the Scheme would be seriously detrimental to the Railway undertaking. Network Rail is continuing to review the Promoter's plans, draft Order and application documents, and will continue to work constructively with the Promoter to clarify any issues raised and to ensure its assets are appropriately protected. The Examining Authority and the Secretary of State will in any event also need to be satisfied that railway safety and operations will not be compromised by the making of the Order. Network Rail respectfully requests that the Examining Authority treats Network Rail as an Interested Party for the purposes of the Examination and Network Rail reserves the right to produce additional and further grounds of concern should this be necessary once the effects of the Scheme on Network Rail's assets are fully clarified.