Wylfa Newydd Nuclear Power Station

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.

Wylfa Newydd Nuclear Power Station

Received 10 August 2018
From Addleshaw Goddard LLP on behalf of Network Rail Infrastructure Limited

Representation

Network Rail Infrastructure Limited (Network Rail) owns, operates and maintains the railway infrastructure of Great Britain. Network Rail operates the railway infrastructure pursuant to a network licence granted under section 8 of the Railways Act 1993.

Network Rail does not object in principle to the Wylfa Newydd Project to which the Development Consent Order (DCO) application relates.

Network Rail notes that the DCO seeks compulsory acquisition powers in respect of three Plots to enable highway improvements to be carried out; namely plots 407, 408 and 409 (Plots). The Plots include land which is leased to Direct Rail Services for use as a nuclear loading facility and land which is public highway. Network Rail objects to the compulsory acquisition of its land, rights it has over third party land and the compulsory creation of rights over land owned by Network Rail or in which Network Rail has an interest.

In order for Network Rail to be in a position to withdraw its objection, Network Rail requires agreement from the Applicant that the acquisition of any part of its land, rights over its land, rights that Network Rails has over third party land and the creation of new rights over Network Rail's land, will only be on terms agreed with Network Rail so as to protect its statutory undertaking and to ensure that compulsory powers will not be exercised in relation to Network Rail's interests in such land. It also requires agreement that if any public highway, the subsoil of which is owned by Network Rail, is stopped up, appropriate rights over that land, should it no-longer be in Network Rail's ownership at the date of the stopping up, will be provided to Network Rail so that access is maintained to its retained land at all times.

Network Rail considers that there is no compelling case in the public interest for the compulsory acquisition of rights over the Plots. 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 and no other land is available to Network Rail which means that the detriment can be made good by them.

Network Rail notes that there are no protective provisions in the DCO for the benefit of railway interests and also objects to the DCO on this basis and asks that such provisions are included in the DCO.

Network Rail reserves the right to raise further issues in evidence and intends to take a full part in the examination process including, if required, attending and making oral representations at, relevant hearings.