Agenda item

PROPOSAL OF A NOTICE OF MOTION (RULE OF PROCEDURE 16)

The Council will debate the following Motion, submitted by Councillor Peter O’Brien, in accordance with Rule of Procedure 16.

 

“For over 10 years residents in the Upper and Nether Padley areas of Grindleford have suffered increasing disturbance and nuisance from the operations undertaken by Network Rail on the former sidings area at the train station. Network Rail use the site regularly as a base for 6 different engineering and maintenance teams, who work on the rail network between Totley and Hope and beyond. Virtually all operations take place at weekends throughout the nights.

Grindleford Station is within a natural amphitheatre such that any noise is amplified and transmitted significant distances away from its source. As well as being within the National Park, it is located in a Conservation Area.

Network Rail acknowledge the significant increase in their use of the area, and the fact that it causes disturbance. However they maintain that are unable to do anything further to mitigate this. They have confirmed that its use is planned to continue; in fact it may well increase following the upgrade of the Hope Valley line, with the additional track lengths and more frequent train services.

Numerous meetings have taken place over the years between residents and Network Rail, and with the current and previous MP's, but have resulted in no significant improvements to the situation. Network Rail also declined to take up an offer by the PDNPA to use their expertise to achieve a more appropriate layout and design of the operational area, including landscaping.

The Council's Environmental Health Service has also been involved over a long period of time, and continues to receive significant numbers of complaints; they acknowledge that the level of noise in particular is a cause for concern.

However Network Rail are exempt from the provisions of the Town and Country Planning legislation, and are not subject to the same controls as other businesses under Environmental Health related legislation. This severely limits the ability of the Council and other public authorities to impose condtions on their operations, or to take enforcement action similar to that which would apply in other circumstances.

The residents acknowledge that the station area should be used by Network Rail in genuine emergency situations, in particular with regard to the adjacent Totley Tunnel, but believe that the location is entirely inappropriate as a base for routine engineering and maintenance operations. They consider that there are other more suitable locations which Network Rail should be encouraged to explore.

 

I am therefore submitting the following motion to the Council:

 

1 a) “in view of the continued and increasing disturbance caused by the operations of Network Rail and its contractors to local residents in the environmentally sensitive and residential area in the vicinity of Grindleford Station, the Council uses its best efforts commensurate with resources available to secure the relocation of the engineering and maintenance facilty to a more appropriate location”.

 

1 b) “pending the relocation of the engineering and maintenance facility, the Council continues to explore with Network Rail all means possible to mitigate the disturbance caused to residents in the vicinity of Grindleford Station; as a last resort, appropriate statutory and/or legal powers be utlised”.

Minutes:

The Council considered a motion submitted by Councillor Peter O’Brien in accordance with Rule of Procedure 16.

 

At the meeting the motion was moved by Councillor Peter O’Brien and seconded by Councillor Garry Purdy as follows:

 

“For over 10 years residents in the Upper and Nether Padley areas of Grindleford have suffered increasing disturbance and nuisance from the operations undertaken by Network Rail on the former sidings area at the train station. Network Rail use the site regularly as a base for 6 different engineering and maintenance teams, who work on the rail network between Totley and Hope and beyond. Virtually all operations take place at weekends throughout the nights.

 

Grindleford Station is within a natural amphitheatre such that any noise is amplified and transmitted significant distances away from its source. As well as being within the National Park, it is located in a Conservation Area.

 

Network Rail acknowledge the significant increase in their use of the area, and the fact that it causes disturbance. However they maintain that are unable to do anything further to mitigate this. They have confirmed that its use is planned to continue; in fact it may well increase following the upgrade of the Hope Valley line, with the additional track lengths and more frequent train services.

 

Numerous meetings have taken place over the years between residents and Network Rail, and with the current and previous MP's, but have resulted in no significant improvements to the situation. Network Rail also declined to take up an offer by the PDNPA to use their expertise to achieve a more appropriate layout and design of the operational area, including landscaping.

 

The Council's Environmental Health Service has also been involved over a long period of time, and continues to receive significant numbers of complaints; they acknowledge that the level of noise in particular is a cause for concern.

 

However Network Rail are exempt from the provisions of the Town and Country Planning legislation, and are not subject to the same controls as other businesses under Environmental Health related legislation. This severely limits the ability of the Council and other public authorities to impose conditions on their operations, or to take enforcement action similar to that which would apply in other circumstances.

 

The residents acknowledge that the station area should be used by Network Rail in genuine emergency situations, in particular with regard to the adjacent Totley Tunnel, but believe that the location is entirely inappropriate as a base for routine engineering and maintenance operations. They consider that there are other more suitable locations which Network Rail should be encouraged to explore.

 

I am therefore submitting the following motion to the Council:

 

1 a) "in view of the continued and increasing disturbance caused by the operations of Network Rail and its contractors to local residents in the environmentally sensitive and residential area in the vicinity of Grindleford Station, the Council uses its best efforts commensurate with resources available to secure the relocation of the engineering and maintenance facility to a more appropriate location"

 

1 b) "pending the relocation of the engineering and maintenance facility, the Council continues to explore with Network Rail all means possible to mitigate the disturbance caused to residents in the vicinity of Grindleford Station; as a last resort, appropriate statutory and/or legal powers be utilised"

 

The motion was put to the vote and

 

RESOLVED (Unanimously)

 

1.    In view of the continued and increasing disturbance caused by the operations of Network Rail and its contractors to local residents in the environmentally sensitive and residential area in the vicinity of Grindleford Station, the Council uses its best efforts to commensurate with resources available to secure the relocation of the engineering and maintenance facility to a more appropriate location.

 

2.    Pending the relocation of the engineering and maintenance facility, the Council continues to explore with Network Rail all means possible to mitigate the disturbance caused to residents in the vicinity of Grindleford Station; as a last resort, appropriate statutory and/or legal powers be utilised.  

 

The Chairman declared the motion CARRIED.