Rookery South Energy from Waste Generating Station

Enquiry received via email

Rookery South Energy from Waste Generating Station

09 May 2011
Addleshaw Goddard - Amanda Beresford


As is clear from our client's (Network Rail) written representations, our client's concern is impact on the operation of the railway. It would therefore wish to see proper protective provisions in the DCO and would be interested in the details of the railway crossing in the DCO and any other matter in the DCO which may impact upon the railway.
Strictly subject to Network Rail's final instructions, it may not be necessary for Network Rail to appear at the hearing on 13 May 2011 as the specific issue of the drafting of the DCO in relation to the Green Lane level crossing has been raised by the Examining Authority in its second round of questions. Network Rail intends to submit a response in writing to the applicant's replies to those questions by the IPC deadline of 6 June 2011. It is not envisaged that a representation made at the hearing would differ materially from a written response to be issued in relation to the second round of questions.
Such a course of action would seem prudent and would allow the Examining Authority to make the most efficient use of the hearing time allocated on 13 May. Should Network Rail not attend the DCO drafting hearing and submit a written response to the second round of questions as proposed, it would wish to ensure the following:
That it has the ability to comment on the definition of the works in the DCO;
Protective provisions approved by Network Rail are included in the final DCO. We understand that the applicant is providing a copy of the protective provisions, however for the avoidance of doubt we will do so before Friday; and
The right to comment on any issues raised at the 13 May hearing which may affect Network Rail's position is reserved. We anticipate any amendments to the DCO will be published. Please confirm.
We anticipate reaching an agreed position on all of these matters with the applicant however, in the event that matters are outstanding, we understand that there is a provisional date for a further hearing on 13 June 2011 and outstanding matters may be heard then if not by written representations.
We would be grateful if you could confirm that this approach is acceptable to the IPC and that the above points have been noted.

Advice given

It is for each party to decide whether or not it attends the the hearing. All interested parties are invited to participate in the hearing and are able, subject to the Examining Authority's powers of control over the conduct of the hearing, to make oral representations on the specific issues being examined at the hearing.
Irrespective of whether or not your client attends the hearing, written comments will be able to be made by the 6th June 2011 on the content of the draft DCO and the other responses submitted further to the Examining Authority's second round of questions. It is anticipated that further comments might be made on the draft DCO by interested parties following the hearing on 13th May and the Examining Authority has set a deadline of the 6th June for the submission of the revised draft of the DCO by the applicant, along with the completed s106 agreement. There is no provision within the examination timetable for written comments to be made on the subsequent draft of the DCO and therefore you should make all comments of relevance to the drafting of the DCO that you wish to be taken into account by 6th June. The ExA will take all representations on the issue into account when deciding whether a further hearing on these specific issues will be held on 13 June 2011 where oral representations would be able to be made.