Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 25 August 2022
- Submitted by
- Other statutory consultees
I refer to the A66 Northern Trans Pennine Project Development Consent Order and I write to formerly object to the Order on behalf of Network Rail Infrastructure Limited of 1 Eversholt Street, London, NW1 2DN, on the grounds that operational railway land is adversely affected. Whilst Network Rail does not object to the principle of the Order, it does object to the compulsory acquisition of operational railway land and the compulsory acquisition of permanent and temporary rights over operational railway land where that would compromise Network Rail's ability to perform its statutory undertaking. Network Rail has interests in several of the Plots identified in the Book of Reference which affect sections of the Settle to Carlisle Railway. There are a number of Plots showing Network Rail having occupational interests with apparatus, occupational interests in respect of access, Category 2 interests in respect of a restrictive covenant and in particular there are two Plots, numbered 0405-07-66 and 0405-07-78, which are stated as being permanent acquisition of bridge structures and railway land. Network Rail objects to the seeking of powers to carry out works on/over/under the operational railway without first securing appropriate protections for Network Rail's statutory undertaking and it is noted that Network Rail’s standard Protective Provisions have not been appended to Schedule 9 of the Order. The safe and efficient operation of the railway has not been adequately addressed within the application documents and there is insufficient explanation or justification for the extent and nature of the land and rights being sought. It should be noted that prior to the release of any land and rights as detailed within the Book of Reference, such land and rights will require submission for approval through Network Rail’s Land Clearance consultation portal and if such approval is not granted then this may give rise to further grounds of objection to the Order. Network Rail is unable to release any land and rights for disposal without Clearance approval having first been obtained. Before Network Rail can consider withdrawing its objection it requires: a) Detailed information as to the precise nature of all works proposed on/over/under the operational railway. b) Clarity on the land and various rights being acquired on/over/under the operational railway. c) Agreement from the applicant that the acquisition of operational land is on terms to be agreed with Network Rail for the protection of its statutory undertaking and an undertaking that compulsory powers will not be exercised in relation to such land and rights. d) That sufficient protections for Network Rail's statutory undertaking are put in place for the carrying out of works on/over/under the operational railway. Without further details being provided and adequate protections put in place, Network Rail considers the Order would cause serious detriment to Network Rail's statutory undertaking and therefore the Order should not be made. Until such time as Network Rail is given the adequate protection and assurances requested as detailed in this objection, Network Rail's objection to the Order will not be withdrawn.