Lake Lothing Third Crossing

The views expressed in this page do not represent those of the Planning Inspectorate. This page consists of content submitted to the Planning Inspectorate by the public and other interested parties, giving their views of this proposal.

Lake Lothing Third Crossing

Received 22 September 2018
From Womble Bond Dickinson (UK) LLP (Womble Bond Dickinson (UK) LLP) on behalf of Network Rail Infrastructure Limited

Representation

We are instructed by Network Rail Infrastructure Limited (“Network Rail”) in relation to the proposed Lake Lothing (Lowestoft) Third Crossing Order. This Section 56 Representation is made on behalf of Network Rail.

Network Rail owns and operates Great Britain’s railway network and has statutory and regulatory obligations in respect of it. Network Rail is a statutory undertaker in respect of its railway undertaking. Network Rail is also an affected land owner, named in the Book of Reference. Network Rail objects to any proposed compulsory acquisition of its land or any rights in, over or under its land under both Section 127 and 138 of the Planning Act 2008.

There are protective provisions for the benefit of Network Rail which are well precedented in both TWA Orders and DCOs. Examples of those protective provisions in respect of highway schemes can be found in recent A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 and the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016.

Suffolk County Council has submitted a draft DCO which does not contain protective provisions in favour of Network Rail in the same format and to the same effect as contained in those previous orders.

Accordingly, at present Network Rail objects to the proposed draft DCO on the basis that it does not include Network Rail’s standard protective provisions. Network Rail will press, both in written representations and where necessary in submissions at hearings, the absolute need for its protective provisions to be included in a DCO where Network Rail’s operational infrastructure is affected by the proposal.