Tagged: harm

COMPLAINT FORM – IMPACT OF RAILWAY ON RESIDENTS

GETTING A COMPLAINT FORM

Click here to download a complaint form . This will open a new page with a download button. Just click the download button (and direct download option) and it will save a PDF file to your computer. PRINT for yourself and for any neighbours who are affected. The form is 3 pages long, you only fill in the first page which is the essential part (takes about 5 minutes), but you should include page 2 as this is the request for the Council to take action. Page 3 is additional information and is optional. It’s a good idea to keep a copy of what you’ve filled in, then post or hand it in to your own Council at the address below. If you have problems, email nvaguk@gmail.com

Alternatively, phone the Council, tell them you want to make a Formal Complaint about Environmental Pollution and give them the relevant information using the form as a guide. [Posting or handing the form in is probably better].

WHERE TO SEND THE COMPLAINT FORM

COUNCIL ADDRESSES AND PHONE NUMBERS:

CLACKMANNANSHIRE  Lynn Parsler, Environmental Health, Clackmannanshire Council, Greenfield, Alloa, Clackmannanshire, FK10 2AD, Tel: 01259 450000

STIRLING  Mr B Friel, Environmental Health, Stirling Council, Viewforth, Stirling FK8 2ET, (from landline): 0845 277 7000, Phone (from mobile): 01786 404040, Text: 07717 990 001

STIRLING HAND IN POINT Stirling residents can also hand complaints in at Stirling Council’s Thistle Centre  Office:  Customer First, 1 – 5 Port Street, Stirling FK8 2EJ  (bottom of KIng Street) 9 am – 5.30 pm, Monday to Friday, but make sure it is properly addressed (to Mr B Friel, Environmental Health etc above) for it to reach the correct Council department.

WHAT HAPPENS NEXT

The Council should write to you telling you how they intend to deal with the problem. Keep any correspondence and watch out for announcements on the http://www.nvag.org.uk  website or keep checking your email for further developments.

Noise and vibration cause additional health risks as well as being a nuisance so do what you can to minimize exposure, make sure that you monitor your health, especially for blood pressure and cardiovascular issues. Parents should be aware that noise exposure causes cognitive developmental issues in children that may impact on their schooling. NHS Forth Valley have been informed and the Councils are taking steps to investigate the situation.

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NVAG puts Noise, Vibration from Rail case to Scottish Human Rights Commission

“What do you consider to be the most urgent human rights issues which should be addressed in Scotland’s National Action Plan for Human Rights?” Question by Scottish Human Rights Commission, SHRC, as part of consultation.

Response by NVAG to SHRC:   The right to health, peaceful enjoyment of ones home and to the fundamental human needs of sleep and good health are currently being actively denied to many thousands of Scottish residents.

The consequences of noise exposure has been published by the World Health Organization  in 1999, 2005, 2009, 2011. In the last publication, Burden of disease from environmental noise. Quantification of healthy life years lost in Europe, noise was upgraded to the environmental pollutant with the second highest burden of disease in Western Europe. It also noted, that whilst other pollutants are being tackled and the impact decreasing, harm from noise is increasing. On the railways much of this comes from increasing levels of night freight. On one line surveyed, ten to fifteen trains run between 23.00 and 07.00. This appears typical. Children are exposed to significantly more train passes due to their longer sleep requirements.

Key bodies in Scotland refuse to acknowledge scientific and medical evidence regarding noise and vibration exposure for residents and the need to protect against chronic sleep deprivation.

The Scottish Government, through one of its agencies, Transport Scotland, promotes high noise- level standards for night rail traffic that bear no relation to any modern health standards. Their argument, based on a 20yr old report, is that it is appropriate to allow unlimited levels of noise, twice an hour (in excess of 82dBLamax) during the night without mitigation for residents. This contradicts all modern health standards and defies common experience: loud noise wakens people. Official noise assessments show levels are four times louder than the 60dBLamax level at which the WHO advises conscious awakenings start to occur. The result, not surprisingly, is repeated awakening by residents and chronic sleep deprivation.

Network Rail has a policy of running trains 24/7 and claims that it is unable to refuse freight access if paths are available on the line. It also refuses to accept any responsibility for noise or vibration exposure to residents. Repeated enquiries to NR eventually ascertained that they acknowledge no noise or vibration standards. Regardless of how high the exposure to residents, NR does not regard it as a fault or a reason to cease operating. NR were asked as to what residents should do, when, having been woken repeatedly night after night, they are faced with driving, operating machinery, or performing tasks that require concentration, judgment or responsibility. Do they put themselves and others at risk or phone in sick? Network Rail refused to advise. Residents have to make that choice.

The Office of Rail Regulation requires Network Rail to have a sustainability policy but emphasizes that they do not do environmental monitoring and that the local authority are the body charged with dealing with environmental health problems.

Local authorities deal with domestic noise issues but are extremely reluctant to do so for noise or vibration from bodies who have statutory authority. In one instance in Scotland, on a modern railway line, where standards in the Environmental Statement approved by Parliament are being exceeded every night, repeated requests by residents to serve noise abatement orders have been refused. The environmental health officers said that they’d taken legal advice and had been told that they’d have no chance of winning if they took the case to court. Instead of a court deciding, the decision was made without the chance of those afflicted to present evidence, based, not on the consideration of a judge but on the advice of an anonymous expert, with no record taken of the discussion or points made and no public or independent scrutiny.

Many public health officers and even doctors in the UK are not aware of the problems caused by noise and sleep deprivation. This is surprising. A huge amount of detailed analysis and documented evidence has been published by the WHO over the past 14years; many internationally-recognized research groups, University-based, have presented studies. The public, however, are largely unaware of the impact of noise beyond that of damage to hearing and presume wrongly that they are not harmed if they ‘get used to’ the levels of noise. The WHO advises of stress, high blood pressure, ischemic heart disease, physiological, psychological and social deterioration. A Cambridge study in 2013 found that sleep deprivation for just one week caused several hundred changes in the DNA of the human body. A study into HIV immunization in the USA IN 2012 found, as have several other studies, that sleep deprivation has a highly adverse impact on the immune system. The British Medical Journal states that there is now no doubt that sleep deprivation has a serious impact on health. Children are worst affected and suffer significant developmental and educational issues in addition to the health problems.

The noise and vibration pollution caused by traffic can be difficult to attribute but for railways it is both attributable and systematic in nature. Studies of parliamentary and business communication (FOISA) indicate that ignoring or downplaying the issue is part of a deliberate policy by promoters, often the Government working with private companies, and operators, to avoid the cost of providing protection from the noise and vibration they produce. Mitigation measures are available and are employed widely in the EU. When asked to apply practices or measures by petitions committee PE1273 at the Scottish Parliament during 2009-2011 the response from the organizations involved was that it was not commercially viable. It is viable in mainland EU.

A framework of complaint bodies and regulations exist but, whilst some daytime noise issues are addressed, night noise is almost unregulated. The public are left to suffer. If a corporation were to release toxins or ionizing radiation into residents’ homes at levels far exceeding those advised by health bodies to prevent physiological, psychological and behavioural problems, there would be immediate action and prosecutions. Strangely, once the label ‘noise’ is added, there is intransigence, disbelief, denial of medical evidence, failure to monitor and refusal to apply legal measures.  What is particularly insidious is that there is no escape for residents: this is a pollutant that relentlessly penetrates their homes, their place of rest and refuge; they are subjected to this in the commercial interests of the polluters.

[Please note: this is the case put by NVAG for consideration by SHRC. SHRC is not affiliated or in any way connected to NVAG ].

PRESS RELEASE: Families hopes of peace and quiet dashed by Transport Minister

PRESS RELEASE by Thompson’s Solicitors

For immediate release: 10:00hrs, 23rd November 2012

Families hopes of peace and quiet dashed by Transport Minister

No further testing for night noise and vibration to be carried out on Stirling-Alloa-Kincardine line

 

Families who live close to the Stirling-Alloa-Kincardine railway line whose lives are being blighted by noise and vibration caused by overnight freight have had hopes for a solution dashed.

A series of Parliamentary questions tabled by Dr Richard Simpson, the MSP for Mid Scotland and Fife, probed the Scottish Government on the situation following the introduction of night freight on the line which residents had been led to believe wouldn’t happen. The questions asked for details of testing for noise and vibration at residential properties along the line and about standards used to decide on mitigation measures.

Among the answers the Transport Minister Keith Brown MSP stated that vibration measurements had been concluded and that following repeated noise testing no additional properties would be tested for the first time. He also admitted that in reaching it’s conclusion regarding mitigation for properties along the line only four properties had actually been tested for vibration and just 11 for noise levels.

 

Campaigners claim the Scottish Government is refusing to protect them from the health risks associated with noise and that the Government has based this refusal on a 20 year old report which was commissioned to look at noise as a nuisance. They also claim that two decades of medical research that warn of chronic ill-health, sleep deprivation and stress are being ignored.

 

Chairman of the Noise Vibration Action Group Archie McIver has accused the Scottish Government of digging its heels in on the issue and said: “By using a defunct, 20 year-old standard called the Mitchell Report, the Scottish Government is refusing to protect line-side families from the harmful impact of night-time train noise.

 

There has been a total disregard for the health of people like myself and others who have to deal with interrupted sleep night after night, and the constant daily stress of being bombarded by noise. The financial loss of value to our property is tens of thousands of pounds but this is nothing compared to the struggle to work and to function in a sleep-deprived state. Driving is something we increasingly avoid because of the high risk.”

Thompsons Partner Patrick McGuire said: “The Scottish Government’s latest position on addressing the issue of overnight noise and vibration on the Stirling-Alloa-Kincardine line is frankly not good enough. These families were told that the line would not be used for night freight and not only was this complete nonsense but there seems to be no appetite whatsoever to resolve the problem which is causing sleep deprivation and knock on health issues as a result for a large number of people”.

Commenting on the Ministers responses Dr Simpson MSP for Mid Scotland and Fife, a former GP and Psychiatrist said: “The fact that this SNP Government and the Minister who is also a local MSP choose to ignore the suffering of many of my constituents shows a complacency which is uncaring in the extreme.

The designation threshold  for night time noise nuisance of 82db noise level and occurring more than once per hour means that these night coal trains can never be deemed a disturbance as they are always less frequent than hourly. The Minister and Transport Scotland officials should try sleeping at night in the affected households. It is a shameful disregard for the health and well being of those affected.”



ENDS

For further information or to arrange an interview please contact our 24 hour press office on:

Tel: 07887 687318

Email: louise.robertson@thompsons-scotland.co.uk