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Lineside Veg........

Discussion in 'Photography' started by Johann Marsbar, Oct 30, 2019.

  1. Phil-d259

    Phil-d259 Member

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    Quite

    And the onus will be on the railway / business to prove that the noise / aromas are being kept as low as is possible.

    So for a station tannoy - its not enough to simply say ' the railway was here first' - the courts will expect the railway to have ensured that the volume is set at the lowest it can be without compromising safety and that all speakers are pointing at those on the platform, etc...

    If all is in order then a legal challenge against the railway will fail BUT if the railway hasn't investigated the matter and been able to provide evidence, then things can easily go the other way

    It should also be remembered that Heritage railways are not afforded the same level of protection as the national railway network - and what NR might well be able to justify won't necessarily wash with, what is officially a 'tourist attraction' and not a 'statutory undertaker (i.e. provider of utilities / highways / railways)
     
  2. michaelh

    michaelh Part of the furniture

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    But usually, proximity to a railway station which is suitable for commuting actually makes a house more attractive and adds a premium to the price.
     
  3. Johnb

    Johnb Nat Pres stalwart

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    Since the houses were built I don’t think it’s prime location and it certainly won’t be when they develop the land on the opposite side of the line
     
  4. The Dainton Banker

    The Dainton Banker Well-Known Member

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    What happened to the established legal principle of "caveat emptor" ? It is up to the buyer to do their own research on any potential annoyances in the surrounding area.
    It is, of course, a different matter if the annoyance develops after the houses are built, but if they are pre-existing then the potential buyer can either accept them or look elsewhere.
     
  5. 35B

    35B Nat Pres stalwart

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    That principle has been undermined in many ways over many years. And in the case of nuisances, it's not necessarily a bad thing.
     
  6. 47708

    47708 Guest

    Should have done their research, hopefully the railway tells them where to stick said complaints,
     
  7. Big Al

    Big Al Nat Pres stalwart Staff Member Moderator

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    Perhaps that advice needs to be understood at Edinburgh Waverley where information is broadcast to Calton Road north of the station as clearly as on any platform. Of course, the additional safety/smoking/'you name it' announcements every few minutes in addition to train details does add to the frequency of the intrusions. It's a place where it seems that the ability of the public to read station information screens is not taken as a 'given'.

    As for vegetation, I would welcome a little more clearance work in the cutting near where I live as poor management of self seeded saplings over the years has now led to quite a forest on railway land.
     
    Wenlock likes this.
  8. Johnb

    Johnb Nat Pres stalwart

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    Unfortunately there seems to be a growing number of people who have taken up the past time of complaining about everything that intrudes on their cosy boring life. I’m sure if they lived in their perfect world they would complain about the fact there’s nothing to complain about
     
  9. misspentyouth62

    misspentyouth62 Well-Known Member

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    Apologies if I've missed but wasn't the notion given that complaining has been resulting from photographers accessing a favoured spot (that may have become more favourable more recently) rather than because of the presence of the GCR per se? If so, I'm not sure how house purchasers (who I'm not defending btw) would be able to anticipate numbers of photographers at a particular spot, increasing?
     
  10. Spamcan81

    Spamcan81 Nat Pres stalwart

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    You're not wrong there. On Facebook there is a group for the residents of my town to share info, seek advice etc. Of late it seems to have been invaded by people who simply want to complain about things, much of which has nowt to do with our town.
     
  11. Johnb

    Johnb Nat Pres stalwart

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    But the photographic spot is on the bridge and doesn’t interfere with them at all.
     
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  12. misspentyouth62

    misspentyouth62 Well-Known Member

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    So my point was that it's photographers gathering on the bridge (in greater numbers?) that is annoying the locals rather than the GCR being an operational railway. If so, I'm not sure what house purchasing decisions have to do with anything unless the 'crowd' on the bridge has always been there?
    I've taken a few shots from this bridge myself and will confess to needing care to not step back into the road or similarly block pedestrians. No significant gatherings though when I've been there.
     
  13. Mandator

    Mandator Part of the furniture

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    If it is a public thoroughfare the photographers have every right to be there as long as they are not causing an obstruction or public nuisance. Unfortunate and annoying for the people living there of course.

    Sent from my SM-J330FN using Tapatalk
     
  14. Johnb

    Johnb Nat Pres stalwart

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    I think it’s only one resident who’s the problem, it is a public road and there has never been any question of obstruction as fad as I know. The NYMR galas have many more people milling around thd road over the level crossing at Grosmont but I dong think anyone complains.
     
  15. Mandator

    Mandator Part of the furniture

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    If it one resident getting shirty film him and contact the police with the evidence


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  16. DragonHandler

    DragonHandler Well-Known Member

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    Looking back at post #1, it seems the problem is not just photographers gathering to take photos, it's photographers cutting down saplings and tree branches in order to get a clearer line of sight for their photos. That sort of conduct just isn't acceptable. I think that if I lived in the area I'd be annoyed about such activities, and I'm a railway enthusiast & photographer.
     
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  17. D1002

    D1002 Resident of Nat Pres

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    This just came through my letterbox:-

    F03AABA8-D140-4960-9198-CEE2160BEA96.jpeg
     
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  18. Gladiator 5076

    Gladiator 5076 Part of the furniture

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    Agreed but from when this issue was first mentioned, I think on one of last years Gala threads, I believe it is the presence of anyone (photographers or general public) standing there watching trains and by default overlooking the houses beside the line.
     
  19. bantam61668

    bantam61668 New Member

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    In summary, one of the new residents takes offence to photographers standing on a bridge relatively near to his house (not the house nearest the bridge) which has led to numerous confrontations.
    He then put up a fence and planted conifers on the embankment (not sure whose land this is but it’s not his) to block the view. I’ve not been there for many months but putting 2 and 2 together it’s this fence and trees that have been damaged by photographers.
     
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  20. johnofwessex

    johnofwessex Resident of Nat Pres

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    Does NR have any powers to do things to trees/structures adjoining the railway but not on their land?
     

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