“We are instructed by Network Rail Infrastructure Limited (“Network Rail”) in relation to the application made by Mona Offshore Wind Ltd (“the Applicant”) for development consent to construct and operate the Mona Offshore Wind Project development (“the DCO Scheme”). This section 56 Representation is made on behalf of Network Rail. Network Rail is a statutory undertaker responsible for maintaining and operating the country’s railway infrastructure and associated estate. Network Rail owns and operates Great Britain’s railway network and has statutory and regulatory obligations in respect of it. Network Rail aims to protect and enhance the railway infrastructure and therefore any proposed development which is adjacent to and interfaces with the railway network or potentially affects Network Rail’s land interest will be carefully considered. The DCO Scheme includes cables that interface with the railway network and therefore will require certain standard protections for the benefit of the railway. Network Rail recognises the protective provisions for its benefit that are included in Part 8 of Schedule 10 to the draft DCO. Whilst Network Rail does not object in principle to the DCO Scheme, in addition to protective provisions for the benefit of Network Rail being included in the DCO Scheme, Network Rail requires the Applicant to enter into an Asset Protection Agreement and a Framework Agreement. Network Rail require a Framework Agreement to be entered into to manage the direct interface that the DCO Scheme has with the operational railway. It is noted that works detailed in Schedule 1 to the draft DCO relate to works on or adjacent to Network Rail’s existing operational railway and railway infrastructure. Network Rail requires that this work is covered by the Asset Protection Agreement. Asset Protection Agreements are always required by Network Rail where works are significantly close in location and disruptive in nature to the operational railway network. Such agreements are well precedented to ensure the appropriate and necessary technical, engineering and safety requirements for working on, over or near Network Rail’s operational railway are applied to the DCO Scheme. Due to the location of the Applicant’s proposed works, Network Rail requires an Asset Protection Agreement in order to carry out its statutory duty. It is acknowledged that discussions with the Applicant to date are on-going. If the following criteria are met, then it is anticipated that Network Rail would be in a position to withdraw the objections made above:- 1. Network Rail’s required amendments to the protective provisions are to be included in the draft DCO for the DCO Scheme; 2. the Applicant enters into a Deed of Undertaking/Framework Agreement to provide formal protection for Network Rail’s statutory undertaking; 3. any required easement and Asset Protection Agreements or any other required agreements are entered into in respect of the acquisition of addressing both the acquisition of rights over Network Rail’s operational land and carrying out of works on or adjacent to Network Rail’s operational land; and 4. Network Rail is granted with clearance and any necessary regulatory consents. Entry into any of the agreements above is subject to internal clearance being granted within Network Rail following internal consultation with affected stakeholders across the business. Network Rail reserves its position, both in representation and in submissions at hearings, to seek the amendments to the draft DCO to ensure protective provisions are inserted for the benefit of Network Rail’s operational infrastructure, which is affected by the DCO Scheme.”