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.
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’
After the Damning Report on Rail Noise & Vibration . . .
Network Rail have been sent a copy of the report that documents the high night rail noise and vibration levels recorded by consultants, Sandy Brown Associates. The report concludes that such exposure constitutes a statutory nuisance.
Network Rail run the UK rail network and claim in their sustainability policy that they manage noise and vibration. Currently their management system has seen night noise one metre outside bedroom windows reach levels eight times louder than the maximum advised by the World Health Organization.
Perhaps change is in the air.
Rail Pollution-Legal Action?
In a report commissioned by Stirling Council, Noise and Vibration Consultants, Sandy Brown Associates, reported that night noise levels were, in their opinion, a ‘statutory nuisance’. A Statutory nuisance is a legal term for pollution that is judged to be a ‘nuisance’ or ‘prejudicial to health’. Once classified as a ‘statutory nuisance’, UK environmental law says abatement orders should be served (EPA1990,sec79,80).
Link to railway noise vibration report
How Bad Is It?
Noise at four out of five sample residential locations was
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.
Stirling Council have agreed to:
- undertake noise and vibration surveys
- if levels are above acceptable thresholds, to commission independent legal advice
- to decide on enforcement action based on the above
Councillor Danny Gibson, chairperson of Stirling Council’s rail noise and vibration working group, a group that has received cross-party support, issued a statement of the group’s decision. Continue reading