The Court Case Result
In Stirling sheriff court, on the 26th of April 2016, it was confirmed that coal freight movements had stopped and would not resume. As a result, Stirling Council withdrew the statutory nuisance abatement order served on DB Shenker and Freightliner in December 2015. There was no longer any need for them to appeal.
Why the Shaking Stopped
The noise and vibration of the coal freight wagons was sufficient to damage the glass canopies in Stirling station, according to a Network Rail spokesperson. Rail chiefs said this station was being damaged by freight(see news report) . Network Rail managers showed little sign of concern that the physical pollutants that were damaging their own infrastructure were undermining the health and sleep of those living next to the line.
The coal freight came to an end. It might seem, at a glance, like an amicable agreement had been reached, but all is not as it seems.
Rail Noise and Vibration Abatement Case.
The court case, in which DB Shenker and Freightliner have appealed against the noise and vibration abatement order served by Stirling Council, has been moved to the 26th April 2016. Venue: Stirling Sheriff Court.
Update on Failure to Protect Public.
AECOM, the consultants who advised there was no need to provide mitigation for night noise, continue to refuse to reply to questions (see previous post) about the criteria they used, their version of the World Health Organization night noise guidelines, ethics and Human Rights.
END OF UPDATE
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An Important Day in Railway Legal History
On the 15th of March 2016, in Stirling Sheriff Court, two rail haulage companies, DB Shenker and Freightliner, will be appealing against an abatement order served by Stirling Council.
Whilst Stirling Council are attempting to protect the health of the general public by stopping noise and vibration at high levels during the night, the freight haulage companies, are expected to argue that UK law and ‘statutory authority’ gives them the right to run their operations (and thus pollute UK residents regardless of impact) without regulation or restriction.
The Lack of Responsibility Within UK Rail.
Following Legal Advice, Stirling Council is to Take Enforcement Action on Rail Noise and Vibration
Stirling Council is to come to the rescue of line side residents who, following the opening of the SAK Railway line in 2008, have been left with broken promises and high levels of noise and vibration.
A report commissioned by the Council in late 2014 found that night time noise levels outside resident’s homes constituted a statutory nuisance and that vibration levels at some properties was excessive. Network Rail and the freight operators have continued to run heavy night freight despite pleas, complaints and even written requests from the Scottish Parliament in attempts find a solution.
Now, thanks to the support of elected politicians, there is hope that enforcement orders will protect the health and well being of those affected by these forms of railway pollution.
Protecting the Heart of Scotland
Stirling, due to its central position and strong transport connections, is considered by many to be ‘the heart of Scotland’
Council to Decide on Pollution
Following a public petition in 2013 and receipt of commissioned reports on exposure levels, Stirling Council will meet in Nov 2014 to decide what action to take on the area’s rail noise and vibration issue.
Video of Freight Noise . This link takes you to a YouTube video of noise pollution from a DB Bahn owned freight train
Noise and Vibration Source. DB Bahn owned (DB Shenker UK) freight trains are causing high levels of noise pollution-up to 90dBLamax-and vibration for elderly and infirm residents. Further along the line, children are being shaken awake during the night.
The Railway Line
This UK line is six years old and is maintained and run by Network Rail. According to the UK environment agency, DEFRA, Network Rail manage the noise and vibration levels.
The People Exposed
On the left hand side of this video, immediately on the other side of the crossing, lies Sheltered housing. Many residents are in their 80s. This is not an isolated situation. It occurs day and night and impacts residents young and old right along the line.
We are emailing Deutsche Bahn
DB Environment Center, Berlin, Germany, a link to this video and asking them how they propose to address this issue. DB Bahn say they have high environmental standards.
DB Bahn Response
We will post their response to this problem in a subsequent post.