Thurrock Flexible Generation Plant

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Thurrock Flexible Generation Plant

Received 17 August 2020
From Addleshaw Goddard LLP on behalf of Network Rail Infrastructure Limited

Representation

APPLICATION BY THURROCK POWER LIMITED FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE THURROCK FLEXIBLE GENERATION PLANT PLANNING INSPECTORATE REFERENCE: EN010092 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 Thurrock Power Limited's (Applicant) application for a development consent order (Order) which seeks powers to enable the construction and operation of gas reciprocating engines with up to 600 MW electrical capacity and battery storage with up to 150 MW electrical capacity (Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain. The application describes the proposed route by which vehicles (including HGVs) will provide access to, and egress from, the Applicant's proposed construction compound (Designated Route). The Designated Route includes Low Street level crossing over the London, Tilbury and Southend railway line (Railway) and forms part of Station Road, East Tilbury (Crossing). Network Rail wishes to ensure that the Scheme will not have a detrimental impact on the Crossing or the operation of the Railway and that the safety of the Railway is maintained during the construction, operational and decommissioning phases of the Scheme. The application for the Order describes an increase in movements which will reach a maximum of 286 vehicle movements and 164 HGV movements per day during the peak construction period. The movements during the operational and decommissioning phases are noted as being negligible in comparison to the construction phase, however no figures have been provided in the application documents. Network Rail wishes to ensure that the vehicle and HGV movements over the Crossing are undertaken safely at all times. This is particularly important as the Railway is electrified and vehicles need to be within the Crossing's safe height that results from the presence of overhead electric lines. Network Rail must therefore be able to exercise adequate control over the use of the Crossing by the Applicant and its contractors to ensure that vehicle and HGV movements are properly regulated. The Crossing constitutes land owned by Network Rail for the purpose of its statutory undertaking and, accordingly, this representation is made under section 127 of the Planning Act 2008. Network Rail also objects to all 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 will seek amendments to protective provisions and/or requirements within the Order and/or an agreement with the Applicant which regulate the following: a) the use of the Crossing by vehicular traffic; b) the liability of the Applicant for necessary repairs and upgrades to the Crossing as a result of its use by construction and operational traffic associated with the Scheme, including terms which protect Network Rail's statutory undertaking; and c) a safe system of work for regular and irregular large and/or slow moving vehicles. Network Rail has asked the Applicant to confirm whether the vehicular traffic associated with the Scheme will make use of the level crossing over the Railway which forms part of Princess Margaret Road, East Tilbury. Once it has received a response from the Applicant further information will be provided in its written representation. Network Rail notes that the Applicant proposes to undertake works in close proximity to the Railway. Network Rail will require the Applicant to enter into an asset protection agreement to ensure that the works are carried out in regulated manner to prevent adverse impacts to the Railway. Network Rail requests that the Examining Authority treats Network Rail as an Interested Party for the purposes of the Examination, and reserves the right to produce additional and further grounds of concern when further details of the Scheme and its effects on Network Rail's land are available.