Lynton and Barnstaple - Operations and Development

Surely this is primarily about securing planning permission in perpetuity by making a start? Actually running trains still requires the T&WAO, so if there’s any worry about that then all talk of operating to this station or that station is premature. Of course, even if the unmentionable powers are granted, this would give them the option of continuing to negotiate (and fundraise) at relative leisure as well; but it seems equally feasible, once PP is secured and assuming T&WAO and all land in place, to merge the 3 stages again, if that becomes the thing to do. The point I’m making is that the PP isn’t going to insist on the duration between opening the phases, is it? They could open 5 minutes apart.


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BUT...if you read the (detailed) article in the latest Magazine, AIUI it was made quite clear that a TWAO was not needed for the stretch from KL to Parracombe. Don't ask me to explain why, not my field of expertise....

 

Well, you’re assuming I have said magazine; I’m not a member, merely an interested observer.

It was always my understanding that a T&WAO was needed to cross a road. But actually, reading the government guidance seems to suggest that things are rather woolier than that. I daresay they will have taken legal advice and know what they are talking about.


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I am no legal eagle, however as I understand it as North Devon Council will adopt the road bridge over Killington Lane a TWAO will not be required.

 

That is my understanding as well.

 

I have to concede you got me there, definitely not one of my most well thought out ideas there in retrospect, apologies.

Interesting fact to learn, I'm assuming this agreement has been made under the condition the railway pays fully for the cost of the bridge's construction?

 

Brian and Harold, you are almost correct. The matter has nothing to do with North Devon Council.

When completed, Bridge 65 will carry a public highway over the Railway and it will therefore be adopted by DEVON COUNTY COUNCIL as a highways structure. A legal agreement will be drawn up between the Trust and Devon County Council to enable the County Council to assume ownership and maintenance responsibility in perpetuity.

As stated within the Lynton & Barnstaple Railway Magazine (issue 126), page 12, paragraph 6.

 

Hi Chris - thanks for clarifying. I really should have checked my magazine before posting! Bridge 65 isn't in the North Devon Council area anyway.

 

You are probably correct in saying that a TWAO is not required if you own the land or lease it. However, without one, I doubt that you have the legal right to cross a public highway (which includes footpaths) either on the level, over or under. I'm not sure that a local council can give you that right, either. Way above my pay grade, though.

 

That was my assumption too, but as I already noted the government guidance (available online) is really not at all clear on that. I suspect it's more about getting powers for road closures for construction (and maybe future maintenance), than actually carrying passengers across a road, but like you I'm no legal expert!
I'm aware of another railway which reopened under an existing road-over-rail bridge without a T&WAO but I always assumed it to be some historical anomaly; perhaps not.

 

I note from the latest L & B Newsletter (No 75) that the number of volunteer hours in 2021....despite Covid, was 42,000. That is a true tribute to all concerned with the reawakened L & B.

 

I suspect that the true numbers will be much higher, once you take into account all those WFH in various forms on pro-L&BR activities which are not formally 'logged' in any way. I understand there is an intention to remedy this in due course where possible. That is not to detract in any way from the splendid 'effort so far'.

 

Chris - WFH is not in my OED - can you enlighten an ignorant peasant who has not been on the training course please ?

 

Work From Home

 

...or, perhaps more accurately in this context, working anywhere other than actually on or near the railway

 

The item in the newsletter does say that 70% is actually spent at various locations on the railway, the other 30% is spent at area groups, shows and events, work on the extension etc. But I agree there is a huge amount of background work being done by many dedicated people - who all deserve our thanks.

 

A little bit late to the party on this one, but if you were parked in a way that was physically blocking the road i.e. preventing access past your vehicle to something large and rural like a tractor, you would be liable to pay whatever fine/charge the police see fit if they decided to act upon the complaint and move it somewhere else.

There's not a lot the railway can do if people are determined to park at Parracombe other than try their best to persuade people not to. Unfortunately though I would bet that the sort of person daft enough to park up and block the road, would also direct some of their frustration back at the railway if they came back to their car to find it had been moved and they had been fined for it.

 

Basically you can be towed away and there is a charge for releasing the vehicle

 

Do we know when the request to vary the planning permission goes in? Has the railway said?

 

I checked the ENPA website a day or so ago and nothing is shown, I suspect that the documents are still being prepared to reflect comments made in response to the Public consultation. I assume that the railway will let us know when it is submitted.