Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 28 November 2023
- Submitted by
- Members of the public/businesses
APPLICATION BY ASSOCIATED BRITSH PORTS LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR IMMINGHAM GREEN ENERGY TERMINAL Planning Inspectorate Reference Number: TR030008 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 of 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 Applicant proposes to construct a pipeline to be run underneath the railway line between the western and eastern hydrogen production facilities. The Book of Reference (BoR) identifies 12 plots (Plots) identifiable on Sheet 5 of the Land Plans as land that Network Rail owns or has an interest. The compulsory acquisition powers sought are described in the BoR as being the creation of new rights (including restrictive covenants) and temporary possession and use of land (Compulsory Powers). Network Rail objects to the inclusion of the Plots in the Order. The Plot 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 notes that the Compulsory Powers are sought in relation to operational railway (being the Brocklesby and Immingham Branch (Railway Line)). In addition, the designated route providing HGV access to the site of the Scheme includes Queens Road Overline Bridge (Bridge) which crosses the Railway Line. If Queens Road Bridge is closed for any reason, traffic may route over the nearby Kiln Lane Level Crossing and South Marsh Level Crossing. Network Rail has concerns over this as South Marsh Level Crossing is not suitable for the use of HGVs and the use of Kiln Lane Level Crossing may have an adverse impact on its lifespan. Therefore, Network Rail is seeking 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 Plots 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; (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.