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Advice to Winckworth Sherwood

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Enquiry

From
Winckworth Sherwood
Date advice given
27 January 2012
Enquiry type
Email

The enquirer sought clarification on of the following points regarding the ExA?s requests for further information (Annex A to his letter dated 13th January 2012).

Land Plans The question regarding ?plot 1 (PCCL)? appears to refer to plot no. 1 on the Land Plans (in which PCCL does not have any interest) rather than PCCL?s development plot 1. Can you confirm that the reference is to plot no. 1 on the Land Plans?

The question regarding plot 51 (PCCL) refers to plot 7. We read this as a reference to PCCL building plot 3, which includes the site of the former cold store (see the plan at the end of the Network Rail/PCCL SoCG). Are you able to confirm that this is correct?

Article 30: Protection of interests - Impact on rail services Are these two requests concerned purely with construction (in which case the response can explain how network change and its financial impacts are regulated)?

The second request refers to passenger services to and from the Port of Felixstowe. Passenger trains do not currently run on the line to the Port. There is also mention of ?any other relevant rail operator?. Please will the ExA clarify (in generic terms, of course) the train services he has in mind? In view of the reference in this request to train services other than Network Rail?s, does the ExA need an explanation of the Railways Act regime, under which Network Rail is established solely as the infrastructure operator, with trains being operated by completely separate train operating and freight operating companies with their own licensing scheme?

Advice given

The Examining authority is grateful for your query of 25th January by email which highlights some inaccurate wording in the Rule 17 Requests. These matters can be clarified as follows:

Land Plans:

  • The Request relating to Plot 1 should read "Plot 1 (Ipswich Borough Council)..." and refers to Plot 1 on the Land Plan.
  • The Request relating to Plot 51 relates only to this plot, the text "/plot 7" should be deleted.

Article 30:

  • The Requests both relate solely to impacts arising from construction activity
  • It will be sufficient for the applicant, in its responses to the points on passenger and other rail operators in these Requests, to confirm that no rail freight operations other than those of Network Rail, Freightliner and the Felixstowe Dock and Railway Company are to be affected as a result of construction activity, if that will be the case. If on the other hand there are to be impacts on other freight operations not yet before the Examination or impacts on any passenger operations arising from the construction period, information is requested to be provided.
  • If it will assist the applicant to refer to aspects off the Railways Act regime in providing information on any impacts on rail services arising from construction activity then this will be welcomed, a full explanation of the regime however is not expected.