“We are instructed by Network Rail Infrastructure Limited (“Network Rail”) in relation to the development consent application made by Liverpool Bay CC Ltd (“the Promoter”) for the Hynet Carbon Dioxide Pipeline to construct a new pipeline to transport captured Co2 emissions from local industry in North West England (“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 proposal for the pipeline works are on, adjacent to and interfaces with the railway network will require certain standard protections for the benefit of the railway. Network Rail’s requirements for the protection of the railway infrastructure are set out in further detail in this representation. Protection from Compulsory Acquisition Network Rail is an affected landowner. There are references in the Book of Reference to land owned by and rights for the benefit of Network Rail. Whilst Network Rail does not object in principle to the DCO , Network Rail does object to powers contained in articles 19, 21, 22, 24, 26, 27, 28, 29, 31, 33, 34, 35 and 39 of the draft Order authorising the Promoter to compulsorily acquire land, rights in or over land, or temporarily use land which Network Rail relies upon for the carrying out of its statutory undertaking. Network Rail recognises that the DCO Scheme requires the use of subsoil under and other rights over Network Rail’s operational railway. However, Network Rail would expect the necessary subsoil rights or other rights to be acquired through an agreed easement rather than through the exercise of compulsory acquisition powers. This approach must be adapted to ensure that Network Rail can comply with its statutory duties to maintain the safe, efficient and economic operation of the railway and to ensure such rights do not affect the continued use of the railway by train and freight operators. Network Rail has received correspondence from WSP on 12th May 2022 regarding Head of Terms for an Option Agreement. At the time of drafting this representation Heads of Terms have not been produced. Network Rail therefore requests the Promoter provides the Head of Terms and enters into discussions with Network Rail as soon as possible to seek to agree the necessary rights required for the DCO Scheme. Furthermore any temporary use of or entry upon Network Rail’s operational railway can only be granted with Network Rail’s consent as any such use of the railway must be in accordance with the statutory requirements imposed on Network Rail as operator of the railway network and all requirements necessary to ensure the safe operation of the railway. Network Rail’s Protective Provisions Network Rail is pleased to note that the Promoter has included Protective Provisions for the protection of Network Rail in Part 5 of Schedule 10 to the draft DCO which appear to have been based upon Network Rail’s standard Protective Provisions. The inclusion of Network Rail’s standard form Protective Provisions in both TWAOs and DCOs is well precedented and includes, for example, protections for compulsory purchase of Network Rail’s land and interests and processes for approving works on or affecting the railway. However, a number of amendments to Network Rail’s standard Protective Provisions have been made to those contained in the draft DCO to which Network Rail cannot agree. On this basis, Network Rail objects to the DCO as currently drafted. In addition to protective provisions for the benefit of Network Rail being included in the Order, Network Rail also requires the Promoter to enter into an asset protection agreement to ensure the appropriate and necessary technical, engineering and safety requirements for working on or near Network Rail’s operational railway are applied to the DCO Scheme. It is noted that works detailed in Work Nos. 4, 24, 24A, 25, 31B, 32, 38 and 43 relate to works on or adjacent to Network Rail’s existing operational railway and railway infrastructure. This work would be covered by the asset protection agreement to be entered into. In addition to protective provisions for the benefit of Network Rail being included in the Order, Network Rail also requires the Promoter to enter into an asset protection agreement to ensure the appropriate and necessary technical, engineering and safety requirements for working on or near Network Rail’s operational railway are applied to the DCO Scheme. Removal of objections It is acknowledged that discussions with the Promoter 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 Order for the DCO Scheme; 2. the Promoter 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 NR’s operational land; and 4. Network Rail is provided clearance to enter into any of the agreements referred to above 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 Order to ensure protective provisions are inserted for the benefit of Network Rail’s operational infrastructure, which is affected by the DCO Scheme.”