VPI Immingham OCGT

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VPI Immingham OCGT

Received 25 June 2019
From Addleshaw Goddard LLP on behalf of Network Rail Infrastructure Limited

Representation

APPLICATION BY VPI IMMINGHAM B LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE VPI IMMINGHAM OPEN CYCLE GAS TURBINE (OCGT) PROJECT PLANNING INSPECTORATE REFERENCE: ENO10097 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 VPI Immingham B Limited's (VPIB) application for a Development Consent Order (Order) which seeks powers to enable the construction, operation and maintenance of a new open cycle gas turbine plant of up to 299 metawatts gross capacity, including electrical and gas supply connections and other associated development (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 land plan plots 41, 104, 105 and 106 (Plots) 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: "new rights to be compulsorily acquired and in relation to which it is proposed to extinguish easements, servitudes and other private rights: 1) rights to pass and repass on foot, with or without vehicles, plant and machinery; and 2) rights to retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve an underground gas pipeline, control systems and cables and any other ancillary apparatus and any other works as necessary" (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 Barton Line. Network Rail objects to the inclusion of the Plots 41, 104, 105 and 106 in the Order and to the acquisition of Compulsory Powers in respect of those Plots. Plots 41, 104, 105 and 106 constitute 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 cannot 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 Plots 41, 104, 105 and 106 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. 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.