Representation by Network Rail Infrastructure Limited (Network Rail)
- Date submitted
- 11 April 2023
- Submitted by
- Other statutory consultees
APPLICATION BY ASSOCIATED BRITISH PORTS FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR IMMINGHAM EASTERN RO-RO TERMINAL Planning Inspectorate Reference Number: TR030007 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 Associated British Ports' (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) recognises plot 10 (Plot), identifiable on Sheet 4 of the Land Plans, as land with a right of access belonging to Network Rail. Network Rail objects to the inclusion of the Plot in the Order. The Plot constitutes land, over which Network Rail has rights of access 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. The Applicant also propose to undertake works in proximity to operational railway (being the Brocklesby and Immingham Branch (Railway Line)). Network Rail's engineers are determining whether any additional mitigation measures are required to ensure the safety of users of the Railway Line. The Applicant also propose to undertake works in proximity to operational railway (being the Brocklesby and Immingham Branch (Railway Line)). Network Rail's engineers are determining whether any additional mitigation measures are required to ensure the safety of users of the Railway Line. 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.