Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 22 December 2023
- Submitted by
- Other statutory consultees
APPLICATION BY CHRYSAOR PRODUCTION (U.K.) FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR VIKING CCS PIPELINE Planning Inspectorate Reference Number: EN070008 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 Chrysaor Production (U.K.) Limited's (Applicant's) application for a Development Consent Order (Order) to authorise the construction, maintenance and operation of the relevant works proposed to be set out in Schedule 1 to the Order to be carried out on or which affect railway property, including powers to compulsorily acquire land and rights over land (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 19 plots (Plots), identifiable on Sheets 1, 6, 29 and 30 of the Land Plans, as land that Network Rail owns or has an interest in which compulsory acquisition powers to acquire new rights are sought. The compulsory acquisition powers sought are described in the BoR as being the compulsory acquisition of all subsurface only interests and rights in land (Compulsory Powers). Network Rail notes that the Compulsory Powers are sought in relation to operational railway (being the BR1 Brocklesby to Immingham Branch Line as well as the Habrough to Grimsby Branch Line (Railway Lines)). The Applicant proposes to construct and install a pipeline underneath the Railway Lines. Network Rail objects to the inclusion of the Plots in the Order. The Plots constitutes 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 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. Network Rail is in the process of investigating whether the Scheme's construction traffic routes or vehicular movements will have any potential impact on local level crossings or bridges. Network Rail may seek mitigation measures to ensure the safety, security and operation of its railway assets. 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. 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.