“Network Rail Infrastructure Limited
Application by National Grid Electricity Transmission PLC for an Order granting Development Consent for the North Wales Connection Project
Section 56 Relevant Representation

Network Rail Infrastructure Limited (Network Rail) owns, operates and maintains the railway infrastructure of Great Britain. Network Rail operates the railway infrastructure pursuant to a network licence granted under section 8 of the Railways Act 1993.

Network Rail does not object in principle to the North Wales Connection Project (North Wales Connection) to which the Development Consent Order (Order) application relates.

The Book of Reference (BoR) identifies 39 plots of land owned by Network Rail, or in which Network Rail has an interest, in respect of which rights are sought by the Applicant to enable overhead lines to be constructed between the proposed Wylfa nuclear power station and Pentir substation and associated works being plots B1-095, E3-044, E3-045, E3-048 - E3-061, E3-065, E3-069, E3-082, E3-085, E3-086, E3-091- E3-093, E3-103, E3-111, F1-010, F1-012, F1-013, F1-016 – F1-018, F1-022 – F1-025, E3-058 (Plots). The compulsory acquisition powers sought in relation to operational railway are described in the BoR as being "the compulsory acquisition of rights by the creation of new rights, the imposition of restrictions or the acquisition of exiting rights or benefits of existing restrictions" (Compulsory Powers). Network Rail notes that the Plots include land used for the operational Llanfaipwll to Bodorgan line.

Network Rail objects to the inclusion of the Plots in the Order and to the acquisition of Compulsory Powers in respect of the Plots. Plots E3-048, E3-059 and E3-061 constitute land acquired by Network Rail for the purpose of its statutory undertaking and, accordingly, this representation is made under sections 56, 127 and 138 of the Planning Act 2008.

Network Rail considers that there is no compelling case in the public interest for acquisition of the Compulsory Powers and Network Rail considers that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that new rights and restrictions over the railway land can be created without serious detriment to Network Rail's undertaking; no other land is available to Network Rail which means that the detriment can be made good by them. 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.

In order for Network Rail to be in a position to withdraw its objection, Network Rail requires:

(a) agreements to be entered into with Applicant that regulate:

(i) the manner in which rights over the Plots, and any other railway property, 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 to safeguard Network Rail's statutory undertaking.

(b) the inclusion of protective provisions in the Order for its benefit. Network Rail notes that there are no protective provisions for its benefit in the Order and Network Rail will provide the Applicant and the ExA with its required protective provisions when it submits its detailed Written Representation.

To safeguard Network Rail's interest and the safety and integrity of the operational railway, Network Rail objects to the inclusion of the Compulsory Powers and any other compulsory powers affecting Network Rail in the Order.

Network Rail requests that the ExA treat Network Rail as an Interested Party for the purposes of the Examination and reserves the right to raise further issues in evidence and intends to take a full part in the examination including, if required, attending and making oral representations at, relevant hearings.
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