Moorlands and City Railway

You can also see why we have such a problem with judicial reviews. I don't propose arguing any holes in Counsel's logic for Ms Birks benefit but here are her thoughts.

http://moderngov.staffordshire.gov.... Appendix A Applicant Response to Counsel.pdf

 

I find Ms Birks something of a conundrum. Her responses in your quote are clearly erudite and well researched from a legal standpoint. But contrast that with page 10 here http://moderngov.staffordshire.gov.uk/documents/s32486/243915 - AW411E Appendix A Exhibit B.pdf, her "list of people who I regularly see using the line (and who haven't done (sic) a questionnaire).

Apart from the fact that none of these folk felt like supporting her, the wording of some of her descriptions seem a little bizarre to say the least, given the use and audience that it was drafted for. Makes you wonder who prepared the responses to council?

 

'Rail project back on track'

"Green campaigner Wendy Birks has lost her bid to derail plans for a train link through her village"

Chris

 

Thank you for that wonderfully clear and concise explanation of the difference!

Noel

 

Good news! Now....what about the bill for all this postulation? £££££ :behindsofa:

 

Well you could always do a FOI enquiry but really its just throwing more fivers into the firebox.

 

Well after a few weeks of cutting down trees on the Cauldon Line, mainly on the southern embankments to allow more light and sunlight onto the tracks, we had a break this week. Rain does have some advantages, it was decided that with the rain the embankments would be to hazardous to use a chain or other saws. So we settled on doing line walks, our group did the short walk Cheddleton to Leek Brook which of course included the tunnel. Tunnels do have a good advantage in wet weather and we did rather dawdle through it doing the checks. Out of the tunnel up to the signal box where restoration was going on. Climbed up the ladder to take a look , the first time since I have been on the railway, good all round view from there. Pity I'd left my camera in the car, never mind there will be another day.

 

Today a group of facebook people are desending on Bradnop to tidy up the site of the old station there. After 77 years out of use we found part of the retaining wall was uncovered, so now we are going to see what is left, could be an interesting day. Expecting about 20 people are expected.

 

The general rule with litigation is that if you lose a case, you have to pay the winning side's legal costs as well as your own. Lawyers rarely work for nothing!

However, it seems that this case never went to court and if the only legal expenses were those incurred by the Council before making its decision not to register as a village green, then those costs remain with the Council. It is irritating when people misuse legislation about village greens for different purposes, but there isn't much anyone can do about it. So, an FoI enquiry would just involve the Council in spending officer time (time=money) to answer it, and anyway this isn't the Council's fault.

 

Quite so; this is how court cases work. In planning inquiries costs may be awarded, not strictly speaking "against the loser" but against either party if unreasonable conduct putting the other side to additional expense is shown. Usually this means against a Local Planning Authority that has abjectly failed to present a credible case or an appellant that has insisted on a public inquiry instead of written representations. However, none of that applies to initial applications for registration of land as a village green. If a disappointed applicant went to court seeking judicial review then the normal rules of costs would apply although sometimes judges put a cap on them to prevent big organisations throwing professional resources at a case to try to ruin an individual petitioner.

 

Today saw 15 or so volunteers spend a day clearing as much of the remains of Bradnop station as possible. For one day's work the difference has been astonishing and should provide another area of interest when passing on the trains.

There were two loose "teams", with one felling some of the many trees which had taken root an had grown unchecked since 1935, with the other team digging out as much of the platform wall as possible.

The wall had been partially demolished when the station closed, with the top rows of bricks (there were 5 or six rows) progressively removed leaving a stepped pattern behind. It was this that was unearthed for all to see. Just over half of the wall (the southern half) was uncovered and the location of the ramp at the south end was rediscovered so it is now far more obvious how far the platform extends at that end.

Meanwhile the largest of the trees which had grown along the platform, including a recess into the bank, were felled and much of the material broken down and removed. This was completed pretty much for the whole length of the platform, with a few bits left behind which will be tidied up in the near future by a returning team. The platform area and part of the bank above it is now far more open.

Hopefully members will enjoy seeing the work in pictures - here is a "before" shot showing the undergrowth, two pics of the teams in action and one taken at the end of the day. Hopefully you can tell the difference!

 

That's fair enough - councils and the like are inclined to bully individuals who dare to argue with them. As regards planning inquiries, my understanding is that an appellant can insist on a public inquiry instead of the cheaper written representations, without being penalised on costs, but the government is trying to stop unnecessary public inquiries.

 

I was about to say something like that Ralph.

It could be a nice little set of projects to restore these little 'halts' along the Caldon line. I am sure it would also fetch in more passengers on the specials as they could alight to walk the Moorlands and maybe catch the next one back etc.

 

It seemed quite a daunting task at first at Bradnop station today. By the end everyone had done a great job, looked far better. This blitzing is a good idea, might catch on a bit....

 

If you're looking for a role model, you could do worse than look at Tryfan Junction on the WHR. No obvious commercial reason for doing it...but they wanted to. They lit a fire in the partially - restored station building a few weeks ago. That tells people you're back. Likewise Eardington Station on the SVR. Admittedly there was a lot more there than at Bradnop, but, again, a group of people have turned a shell into a station, because they wanted to. They open on high days, holidays and Galas. It's a great place to watch trains hammering up the bank. I imagine Bradnop has similar potential.

 

There's no immediate plans to reopen Bradnop, it would be an expensive exercise for little income gained. But as a pet project which brings together the other depts with us P/way lads on an occasional basis it offers its own rewards. And who knows, eventually we might just get there, even if its just one or two coach lengths like Damens. Of course the gradient here is fierce and there may be regulatory issues too.

 

Just a little taster of what 18 people achieved in about 4 1/2 Hours. It was great having some of the younger generation there getting stuck in. These are station staff who have never done this type of work before and boy did they enjoy it. Well done lads. Just a couple of before and after photos.

 

Great to see what folks with a passion can achieve. It just shows how a true common belief in something can achieve the seemingly impossible. Full credit to all who are grafting away on the MCR vision.

 

No, if an appellant has insisted on a public inquiry and the Local Planning Authority asks for costs the Inspector can award them if he or she has concluded that nothing has come out of the public inquiry that would not have been equally well revealed by written representations. There is a middle way, an informal hearing where both sides appear without legal representation, there is no cross-examination and the Inspector asks questions.