“NATIONAL HIGHWAYS LIMITED (“National Highways”) has been appointed by the Secretary of State for Transport as strategic highway company under the provisions of the Infrastructure Act 2015 as the highway authority, traffic authority and street authority for the Strategic Road Network (“SRN”). As such, National Highways are responsible for managing the SRN in accordance with the requirements of our statutory licence and in general conformity with the requirements of the Highways Act 1980, and to satisfy the reasonable requirements of road safety. This is the section 56 representation of National Highways provided in respect of Liverpool Bay CCS Ltd’s (“Applicant”) application for a Development Consent Order (“Order”) which seeks powers to enable the installation of a new build carbon dioxide (“CO2”) pipeline from the Ince AGI in Cheshire to Talacre Beach in North Wales to transport CO2 produced and captured by future hydrogen producing facilities and existing industrial premises in North West England and North Wales for offshore storage (“Scheme”). The Book of Reference (“BoR”) identifies 32 plots (“Plots”) of land owned or occupied by National Highways in respect of which compulsory acquisition powers to acquire new rights are sought. The compulsory acquisition powers sought are described in the BoR as being the permanent acquisition of land (in some cases the subsurface only), the permanent acquisition of rights and the temporary possession of land (“Compulsory Powers”). National Highways notes that the Compulsory Powers are sought in relation to land forming part of the SRN being the M53 and M56, including acquisition of the subsurface of the carriageway itself at two locations where the pipeline crosses the SRN. To safeguard National Highways’ interests and the safety and integrity of the SRN, National Highways objects to the inclusion of the Plots in the Order and to Compulsory Powers being granted in respect of them. The Plots constitute land acquired by National Highways for the purpose of its statutory undertaking and, accordingly, this representation is made under section 56 and sections 127 and 138 of the Planning Act 2008. National Highways considers that there is no compelling case in the public interest for the Compulsory Powers and that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that the permanent acquisition of land forming the SRN and the creation of new rights and restrictions over all of the Plots can be created without serious detriment to National Highways’ undertaking. No other land is available to National Highways to remedy the detriment. National Highways also objects to all other compulsory powers in the Order that affect, and may be exercised in relation to, National Highways’ property and interests. In order for National Highways to be in a position to withdraw its objection, National Highways requires: (a) the inclusion of protective provisions in the Order for its benefit; and (b) agreements with the Applicant that regulate (i) the manner in which rights over the Plots are acquired and the relevant works are carried out including terms which protect National Highways’ 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 SRN to safeguard National Highways’ statutory undertaking. To safeguard National Highways’ interests and the safety and integrity of the SRN, National Highways objects to the inclusion of the Compulsory Powers and any other powers affecting National Highways in the Order. National Highways requests that the Examining Authority treat National Highways as an Interested Party for the purposes of the Examination. If you require any clarification on the points raised, we can be contacted at [email protected]”