Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited )
- Date submitted
- 4 November 2022
- Submitted by
- Members of the public/businesses
APPLICATION BY NATIONAL HIGHWAYS FOR A12-A120 WIDENING SCHEME PLANNING INSPECTORATE REFERENCE: TR010060 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 Highways (Applicant's) application for a Development Consent Order (Order) seeking powers for the A12 Chelmsford to A120 Widening Scheme (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 identifies 44 plots (Plots) of land which Network Rail have rights over or land which is owned or occupied by Network Rail, including, land forming part of (or adjacent to) the operational railway being the Great Eastern Main Line (GE Main Line) in respect of which compulsory acquisition powers are sought (Compulsory Powers). The Applicant proposes a new bridge over the GE Main Line and acquisition of permanent airspace rights to support this, permanent acquisition of Network Rail rights which could restrict access to the GE Main Line and permanent acquisition of subsoil rights under GE Main Line (NR Interactions). The Applicant also proposes to permanently acquire plot 2/15a, acquire permanent new rights over plot and 2/15c, and temporarily use plots, 2/15f, 2/15g and 2/15b (Beaulieu Plots) which Network Rail is concerned will impact on rights it requires in order to build a car park supporting its new Beaulieu station development. The Applicant and Network Rail are in discussions in relation to the Scheme, and Network Rail does not object to the principle of the Scheme. However, Network Rail does object to: (1) Compulsory Powers being used in relation to the Plots causing the NR Interactions; (2) the Scheme resulting in additional use of, and therefore damage and increased wear and tear/maintenance issues relating to, existing overbridges; and (3) the Scheme preventing or restricting the ability for future improvements to the operational railway including the Beaulieu station development, overhead electrification and/or four tracking of relevant lines. The Applicant will need to provide additional information to Network Rail about the detail of the proposed works on/over the Plots, the Beaulieu Plots, and the intended use of existing NR assets, for Network Rail to analyse (i) the impacts of the NR Interactions and proposed works on/over the Plots and Beaulieu Plots (ii) whether or not the Scheme and in particular proposed works on/over the Plots can be carried out without causing the safety of Network Rail's land, in particular the GE Main Line, being compromised. To safeguard Network Rail's interests and the safety and integrity of the operational railway, Network Rail objects as detailed above and in particular to the inclusion of the Plots in the Order and to Compulsory Powers being granted 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 is willing to negotiate agreements with the Applicant in relation to the Plots and considers that there is no compelling case in the public interest for the Compulsory Powers and that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that (without agreements in place with Network Rail to safeguard the Plots) new rights and restrictions over the Plots can be created without serious detriment to Network Rail's undertaking; no other land is available to Network Rail by which to make good the detriment. Network Rail also objects to all other compulsory powers in the Order that 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) further information from the Applicant about the proposed works on/over the Plots and comfort that the Scheme and works/rights over the Beaulieu Plots will not prevent or adversely impact the new Beaulieu station and/or any ancillary works required to bring the station forward, including access, utilities provision and drainage; (b) agreements with the Applicant regulating the manner in which rights over the Plots are acquired and the manner in which work impacting the Plots, and any other land owned by Network Rail, is carried out, including terms protecting Network Rail's statutory undertaking; (c) agreement that the Compulsory Powers will not be exercised in relation to the Plots; and (d) the inclusion of appropriate protective provisions in the Order for its benefit Network Rail is concerned that its standard and carefully drafted protective provisions have not been provided for in the Order. Network Rail and the Applicant are in discussions on protective provisions and Network Rail has requested that the Applicant includes its protective provisions in the next draft of the Order. Network Rail requests that the Examining Authority treat Network Rail as an Interested Party for the purposes of the Examination and reserves the right to produce additional grounds of concern when further details of the Scheme and its effects on Network Rail's land are available.