Norfolk Vanguard

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Norfolk Vanguard

Received 14 September 2018
From Addleshaw Goddard LLP on behalf of Network Rail Infrastructure Limited

Representation

APPLICATION BY NORFOLK VANGUARD LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE NORFOLK VANGUARD OFFSHORE WINDFARM

PLANNING INSPECTORATE REFERENCE: EN010079

SECTION 56 PLANNING ACT 2008: RELEVANT REPRESENTATION OF NETWORK RAIL INFRASTRUCTURE LIMITED

This is the section 56 representation of Network Rail Infrastructure Limited (Network Rail) provided in respect of Norfolk Vanguard Limited's (NVL) application for a Development Consent Order (Order) which seeks powers to enable the construction of the Norfolk Vanguard Offshore Wind Farm and onshore cable corridor (Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain.

The Book of Reference (BoR) identifies plot 10/04 (Plot 10/04) as land owned by Network Rail 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 "acquisition of new rights (including restrictive covenants), access only" (Compulsory Powers). Network Rail notes that the Compulsory Powers are sought in relation to operational railway land forming part of the operational railway being the Norwich to Sheringham Line.

Network Rail objects to the inclusion of Plot 10/04 in the Order and to the acquisition of Compulsory Powers in respect of it. Plot 10/04 constitutes land acquired by Network Rail 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. Network Rail considers that there is no compelling case in the public interest for the 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 with the Applicant that regulate:

- the manner in which rights over Plot 10/04 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

- the carrying out of works in the vicinity of the operational railway network to safeguard Network Rail's statutory undertaking.

(b) the inclusion of protective provisions in the DCO for its benefit. Network Rail notes and welcomes the fact that there are protective provisions for its benefit in the Order and, if necessary, will provide detailed comments on, and amendments to, the protective provisions when it submits its detailed Written Representation.

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

Network Rail requests that the Examining Authority treat Network Rail as an Interested Party for the purposes of the Examination.