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.
Context: NVAG Posted an Article on Railways’s 3Rs, Roles, Regulations an Responsibilities an article that concluded with an open letter to Richard Price, CEO of the Office of Rail Regulation.
Richard Price, CEO of ORR, Responded as Follows (also available as a PDF file from ORR’s website):
Dear Mr McIver,
6 February 2015
SUSTAINABILITY, NOISE AND VIBRATION
Thank you for your open letter of 21 January regarding noise and vibration
from railway operations.
As well as having led work on the economics of sustainable development, I
live next to the railway myself, so I fully understand your concerns and the
importance of this issue. It really matters, and affects the quality of people’s
lives. I also recognise that the legal framework for the oversight and
enforcement of noise and vibration levels on the railways is not
straightforward – so let me try to set out the different responsibilities clearly.
WHAT’S BEEN HAPPENING:
Anne Massie Sept 2013:
“I had a visit yesterday from Lynn Parsler from Clackmannanshire Environmental Health. She is very sympathetic to what we have suffered over the last five years and will do what she can if she obtains information, but she confirmed what Archie and I have been saying. If you don’t fill in a complaints form and ask her to visit to see your own individual circumstances she can do nothing. She needs to build up an accurate picture of what has been happening and how it has affected our individual lives. The same will apply to other Councils.
She asked me if the trains remained at 10mph past my house would I be able to tolerate that and I said definitely. That may not be the case with other homes – each one will be different. I have mitigation fencing, a tidy garden, much less noise, no vibration – I have little need to complain further (other than possible financial recompense if that is possible) – if I keep going on this it is for YOU!
Lynn has visited four homes in Clackmannanshire, but I am sure there are an awful lot more who should be complaining. Remember you can get used to noise but any levels above 60dba can harm your health. I emphasised that to Lynn. She also looked at the houses in Brucefield Crescent and saw that one had fencing along the line and 5 others did not. She agreed there was no logic in that regardless of any scientific models they prepare.
The noise and vibration is much less where I live in Clackmannan at the moment due to lower speeds while they make track repairs, and also in some other sections along the line; but this will cease very soon and the speeds will be back to normal – 35mph here and 60 to 70mph in some areas. The higher the speed the shorter the time for the train to pass, but the louder the noise and the heavier the vibration.
She is very sympathetic to what we have suffered over the last five years and will do what she can if she obtains information, but she confirmed what Archie and I have been saying. If you don’t fill in a complaints form and ask her to visit to see your own individual circumstances she can do nothing. She needs to build up an accurate picture of what has been happening and how it has affected our individual lives. The same will apply to other Councils.”
Unless you have informed the Council, they take the view that you do not have a problem. The form takes about 5 minutes. Link to the complaint form.