Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 18 July 2023
- Submitted by
- Members of the public/businesses
APPLICATION BY ANGLIAN WATER SERVICES LIMITED FOR THE CAMBRIDGE WASTE WATER TREATMENT PLANT RELOCATION PROJECT ORDER 202[X] PLANNING INSPECTORATE REFERENCE: WW010003 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 an application submitted by Anglian Water Services Limited (the Promoter) for a development consent order (the Order) for the Cambridge Waste Water Treatment Plant Relocation Project (the Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain, including the Cambridge to King's Lynn Line (the Railway). The Order sought by the Promoter includes development consent for the construction and operation of an Integrated Waste Water Treatment Centre and Sludge Treatment Plant, transfer tunnels, terminal and intermediate pumping stations, vehicle access, utilities connections, renewable energy generation, ancillary buildings and landscaping. The Promoter seeks authority and powers in the draft Order for new rights to be compulsorily acquired over the following plots on the Railway and land owned by Network Rail: 1. Acquisition of Subsoil, New Rights in and/or Restrictive Covenants over land of 372 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 008a); 2. New rights in and Restrictive Covenants over land of 336 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 008b); 3. New rights in and Restrictive Covenants over land of 388 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 008c); 4. Temporary possession of land of 996 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 008d); 5. New rights in and Restrictive Covenants over land of 332 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 008e); 6. Temporary possession of land of 917 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 008f); 7. New rights in and Restrictive Covenants over land of 1467 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 008g); 8. Temporary possession of land of 1036 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 074a); 9. Temporary possession of land of 1034 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 074b); and 10. New rights in and Restrictive Covenants over land of 810 sq metres or thereabouts of railway line (Cambridge to King's Lynn) (excluding those interests belonging to Anglian Water Services Limited) (plot 074c) The Promotor also seeks authority and powers in the draft Order for new rights to be permanently acquired over the following plots of land, in which Network Rail have an existing interest: 1. New rights in and Restrictive Covenants over land of 14 sq metres or thereabouts of Concrete yard, with pallisade fencing at 71 Cowley Road, Cambridge CB4 0DN (plot 011a); and 2. New Rights in 12 sq metres or thereabouts of land on the north-west side of Fen Road, Chesterton, Cambridge comprising private roadway (excluding those interests belonging to Anglian Water Services Limited) (plot 014a) Network Rail wishes to ensure that the Scheme will not have a detrimental impact on the operation of the Railway and that the safety of the Railway is maintained during the construction, operation and ongoing maintenance requirements of the Scheme, if consented. As the Promoter proposes to compulsorily acquire land and rights to be exercised in close proximity to the Railway (including in particular new rights in, restrictive covenants over and temporary possession of Railway line and those rights below the subsoil) Network Rail wishes to object to the making of the Order on the basis that the rights sought will interfere with the safe and efficient operation of the Railway. In order for Network Rail to be in a position to withdraw its objection Network Rail will require adequate protective provisions and/or requirements to be included within the Order and obligations on the Promoter to ensure that the new rights sought are exercised in regulated manner to prevent adverse impacts to the Railway. We note that the Promoter has proposed protective provisions for the benefit of Network Rail within the draft Order, so the principle of this approach is not anticipated to be an issue. In the absence of such protection for the benefit of Network Rail so that it can ensure there is no risk to the rail network, there is a real likelihood that execution of the Scheme would be seriously detrimental to the Railway undertaking. Network Rail is continuing to review the Promoter's plans, draft Order and application documents, and will continue to work constructively with the Promoter to clarify any issues raised and to ensure its assets are appropriately protected. The Examining Authority and the Secretary of State will in any event also need to be satisfied that railway safety and operations will not be compromised by the making of the Order. Network Rail respectfully requests that the Examining Authority treats Network Rail as an Interested Party for the purposes of the Examination and Network Rail reserves the right to produce additional and further grounds of concern should this be necessary once the effects of the Scheme on Network Rail's assets are fully clarified.