Representation by Network Rail
- Date submitted
- 8 October 2018
- Submitted by
- Members of the public/businesses
We are instructed by Network Rail Infrastructure Limited (“Network Rail”) in relation to the development consent application made by RiverOak Strategic Partners Ltd (“the Promoter”) for the upgrade and reopening of Manston Airport (“the DCO Scheme”). This section 56 Representation is made on behalf of Network Rail.
Network Rail is a statutory undertaker responsible for maintaining and operating the country’s railway infrastructure and associated estate. Network Rail owns and operates Great Britain’s railway network and has statutory and regulatory obligations in respect of it.
Network Rail aims to protect and enhance the railway infrastructure and therefore any proposed development which is adjacent to and interfaces with the railway network or potentially affects Network Rail’s land interest will be carefully considered.
The proposal for an airport development which is adjacent to and interfaces with the railway network will require certain standard protections for the benefit of the railway. Network Rail’s requirements for the protection of the railway infrastructure are set out in further detail in this representation.
- Protection from Compulsory Acquisition
There are references in the Book of Reference to land owned by and rights for the benefit of Network Rail. Whilst Network Rail does not object in principle to the DCO, Network Rail does object to the permanent compulsory acquisition of rights over land or subsoil under Network Rail’s operational land, or the extinguishment of Network Rail’s rights in third party owned land which Network Rail rely upon for the carrying out of its statutory undertaking.
Network Rail recognises that the DCO Scheme requires the use of subsoil under and other rights over Network Rail’s operational railway. However, Network Rail would expect the necessary subsoil rights or other rights to be acquired through an agreed easement rather than through the exercise of compulsory acquisition powers. This approach must be adapted to ensure that Network Rail can comply with its statutory duties to maintain the safe, efficient and economic operation of the railway and to ensure such rights do not affect the continued use of the railway by train and freight operators. Network Rail therefore requests the Promoter enters into discussions with Network Rail as soon as possible to seek to agree the necessary rights required for the DCO Scheme.
Although there have been some informal discussions with the Promoter, there have been no formal request to Network Rail in this regard.
- Network Rail’s Protective Provisions
Network Rail also objects to the seeking of powers to carry out works for the DCO Scheme in the vicinity of the operational railway without first securing appropriate protections for Network Rail’s statutory undertaking, which the draft of the Order for the DCO Scheme does not contain.
Protective provisions for the benefit of Network Rail are well precedented within numerous DCO and TWA Orders. Network Rail is therefore surprised that the Promoter has submitted a draft Order with the application for the DCO Scheme which does not contain these protective provisions in favour of Network Rail. Accordingly, at present Network Rail objects to the draft Order on the basis that it does not include Network Rail’s standard protective provisions. If necessary, Network Rail will both in written representations and in submissions at hearings press the need for such protective provisions to be included in the Order where Network Rail’s operational infrastructure is proposed to be affected.
In addition to protective provisions for the benefit of Network Rail being included in the Order, Network Rail also requires the Promoter to enter into an asset protection agreement to ensure the appropriate and necessary technical, engineering and safety requirements for working on or near Network Rail’s operational railway are applied to the DCO Scheme.
- Impact upon Minster and Ramsgate Stations
Network Rail is also concerned that the DCO Scheme may increase usage of stations in the locality such as Minster and Ramsgate Stations. If the impact on the respective stations is significant then Network Rail would seek appropriate station improvements and the introduction of any necessary mitigation measures to be funded by the Promoter.
The Promoter’s DCO Scheme states that shuttle bus services are proposed to be run to and from Ramsgate Station and measures to encourage and provide connections for cyclists are proposed. Despite the potential increase in both vehicular and pedestrian traffic, the Promoter has not approached Network Rail with regard to anticipated agreements to manage station improvements or mitigation measures.
- Cliffs End 9 Level Crossing
The safety of the operational railway and those crossing it is of the highest importance to Network Rail and in particular the use and safety of railway crossings. Network Rail are concerned that the DCO Scheme will increase usage of the level crossing at Foads Hill, Cliffs End (“the Level Crossing”).
Network Rail notes that the Promoter’s Consultation Report states that no construction traffic routes are proposed to be directed over the Level Crossing. Despite this assurance, Network Rail remains concerned that operation of the DCO Scheme will significantly increase the use of the Level Crossing and therefore the Promoter will need to assess the potential usage and safety of the Level Crossing. Following the assessment the Level Crossing may require upgrading and appropriate mitigation measures may need to be identified and introduced. Such works required at the Level Crossing would need to be funded by the Promoter.
- Removal of objections
It is acknowledged that discussions with the Promoter to date are on-going. If the following criteria are met, then it is anticipated that Network Rail would be in a position to withdraw the objections made above:-
i. Network Rail’s standard protective provisions are to be included in the Order for the DCO Scheme;
ii. the Promoter enters into a Deed of Undertaking/Framework Agreement to provide formal protection for Network Rail’s statutory undertaking;
iii. any required easement and asset protection agreements or any other required agreements are entered into in respect of the acquisition of addressing both the acquisition of rights over Network Rail’s operational land and carrying out of works on or adjacent to NR’s operational land; and
iv. Network Rail is provided clearance to enter into any of the agreements referred to above following internal consultation with affected stakeholders across the business.
Network Rail reserves its position, both in representation and in submissions at hearings, to seek the amendments to the draft Order to ensure protective provisions are inserted for the benefit of Network Rail’s operational infrastructure, which is affected by the DCO Scheme.