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Lynton and Barnstaple - Operations and Development

Discussion in 'Narrow Gauge Railways' started by 50044 Exeter, Dec 25, 2009.

  1. H Cloutt

    H Cloutt Member

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    Exactly - It may apparently be "simple" to set up an online voting system but as anyone who has worked in IT knows to make it foolproof and secure is a different matter. Having said that for overseas members scanning a completed ballot paper and emailing it should be acceptable - after all it will have a membership number and a signature.
     
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  2. H Cloutt

    H Cloutt Member

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    I think that anyone who is voting will vote for the 'right guy' - however my 'right guy' might be different to yours. I personally don't see a problem with the return of the papers to Woody Bay - don't underestimate the cost of using an "independant company". There has been enough additional expenditure incurred during this process already and I am considering making an additional donation towards this.
     
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  3. 35B

    35B Nat Pres stalwart

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    Agree completely. If there are serious suggestions about whether the management of a small organisation can be trusted to run their internal affairs or should buy in those services, then that's effectively an allegation that the organisation can't run itself. That begs some pretty profound questions.
     
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  4. ross

    ross Well-Known Member

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    Recently, some railways have had trustee elections which were a bit more difficult than we have all become used to. We seem to have come to a point in time where heritage railways are quite differently run compared with the 1970's, and in some instances it might be thought that merely having been a Trustee for 20 years does not necessarily qualify a person to continue being a trustee. We all know that we tend, as we age, to become resistant to change. If change is precisely what is needed, but I am fearful of that change affecting my status, someone is likely to stand against, to advocate for change.
    Possibly the HRA could provide an independent returning officer for some or all trustee elections? Possibly, the trustees of MyRailway Association could ask the secretary of YourRailwayTrust to receive and count the votes, and we would reciprocate for your AGM. Need such arrangements incur any additional cost?

    Or nobody suggests that the small organisation can't be trusted, but the small organisation simply says "We are sufficiently trustworthy that we are not going to try and count the votes ourselves. We will ask an uninterested party to give us the results" simply as a good practice.
    It is a fact that small organisations can sometimes be led by one very strong character with fixed ideas who permits no other view.
     
    Last edited: Oct 22, 2021
  5. Jamessquared

    Jamessquared Nat Pres stalwart

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    <pedant mode="on">disinterested</pedant>

    (But it is a more serious point than pedantry: your suggestion would require someone who was disinterested, not uninterested).

    Tom
     
  6. Flying Phil

    Flying Phil Part of the furniture

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    I'm sure I am not alone in thinking this episode is the result of "custom and practice" rather than malign intent. Obviously the three existing trustees have been in post for many years and have all contributed hugely to the L & B. Their re - election was expected to be routine.
    However, the unexpected fourth candidate - who has also contributed much to the L & B, has thrown the routine timetable into disarray and the L & B are to be commended for re-running the election.
    But who to vote for when all four have done much and have much to offer? As a relatively new - and distant supporter, I have no knowledge of any of the people concerned other than that which I have read. I would like to see some "new blood" enter into the mix......But I do not want to see a growing, successful operation undermined by unnecessary, internal disruption. I would like to know far more before deciding, I would like to see all four candidates discussing, between themselves, the best way forward for themselves and the L & B, after all they, and we, want to achieve the same aim - the continued growth of the L & B Rly.
    There is still time before the 10th November deadline for votes to arrive for more information to be given.
     
  7. Mark Thompson

    Mark Thompson Well-Known Member

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    A candidates debate via Zoom?
    That would be worth watching.
     
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  8. 35B

    35B Nat Pres stalwart

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    But that is money that isn’t available to its core purposes.


    Sent from my iPhone using Tapatalk
     
  9. RailWest

    RailWest Part of the furniture

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    Just to be clear, I was not personally advocating an actual online voting systems, for exactly the sort of various reasons highlighted by others. But in my experience (about 40 years in IT when not working on railways :) ) at least simply putting the ballot paper on line in an *existing* members-only site would help to speed up and reduce the cost of the distribution process. PDFs of scans of signed printed copies seem to be increasingly acceptable for various legal purposes these days, so it would help to speed up the voting process as well.

    If the Trust *really* wants to encourage member participation (as I am sure it does), then the easier you make it for them the more likely they are IMHO to participate. Sending an electronic copy, or providing pre-paid envelopes (as done elsewhere) could help as well....
     
    Last edited: Oct 22, 2021
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  10. Meatman

    Meatman Member

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    Had they adhered to their own M and A 's there would have been no extra costs
     
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  11. ross

    ross Well-Known Member

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    Thank you for your correction. English is not my first language- I am from Slough, originally.

    How much money, though? And would it be a bad purpose, ensuring that Trustee and board elections are beyond accusation?

    I was a member of a parish council, and for a number of years the chairman's PA in business was also the clerk of the Parish Council. When the chairman left the PC, she went also, and was replaced by another lady who carried on in the same fashion as her predecessor. Then that lady left, and after a struggle, we employed a guy who was already clerk to 2 other parish councils nearby. He came in, looked at our systems, financial management etc, and accused us of running a Fred Carno type outfit, and spent the next two years overhauling absolutely everything.
    Sometimes, just because a thing isn't apparently failing, it doesn't mean it is running as well as it should. My personal belief is that if a thing exists, it ought to work, and work right. If a thing cannot be made to work right, it needs replacing.
     
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  12. 35B

    35B Nat Pres stalwart

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    I agree with your general principle, but the opportunity costs also need to be considered. An organisation that devotes it's resources (time, energy, money) to internal organisation is choosing to divert those resources from what it is there to do. That's often necessary, even desirable, but needs to be weighed up against the use that those resources could have been put to instead.

    Taking your parish council example, I would question what this clerk did that made such a difference, and whether it delivered value to that organisation proportionate to the costs incurred.
     
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  13. ross

    ross Well-Known Member

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    In the example of the Parish Council, it put us in the position of operating legally and in accordance with good practice. Which meant that in hindsight we had been operating illegitimately. One of those situations where you suddenly realise that things could have gone very badly wrong, and had you known, you would never have chanced it
     
  14. H Cloutt

    H Cloutt Member

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    Parish Council accounts etc are subject to Audit - so I doubt that anything was being done illegally. Obviously things are being done better now.
     
  15. ross

    ross Well-Known Member

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    Oh, our auditing wasn't done right, our GDPR stuff contravened the law, allsorts. Stuff that is illegal, but not dishonest-does that make sense? But I and my colleagues would have been held personally responsible had anything actually gone wrong. Anyway, this has led a long way from Woody Bay
     
  16. ConRod1

    ConRod1 New Member

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    Thanks @Tobbes

    You’re almost there, keep reading, there’s a bit you missed.

    Best Wishes


    Sent from my iPhone using Tapatalk
     
  17. Tobbes

    Tobbes Member

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    Sorry, I'm missing something.

    Anyway, back to the L&B.
     
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  18. ConRod1

    ConRod1 New Member

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    I agree @Tobbes we were both detracting from the point in any event.

    Back to what is important:

    I recently overheard a conversation at Wooybay, that ‘Brom’ Bromidge is apparently going to fill the role of teller to count the votes for the upcoming election. As some might be aware Brom sits as a director of the CIC so in my view at least, not a particularly independent or neutral party, rather Peter Miles, etc puppet on a string aka mouth piece.

    I assume some of you attended the AGM and will have seen Brom was a great defender of the those sitting in the Ivory tower and not very supportive of Mr Duffel, especially when taken to task or rather, asked to explain various actions of late.

    I recall even his Mrs added some additional drama leaving the meeting giving the impression of a stressful unfair situation. Of course this was added to by Brom following shortly after to add to the drama. I’m sure his Mrs a member of BADS so pretty good at putting on a show.

    Perhaps the following link could be solve the issue. https://www.choicevoting.co.uk/
    giving at least the impression of fairness and independence rather than a done deal from the outset.

    It’s quite cheap against the cost attached to heritage Carriages. These are apparently two a Penny evidenced by the fact they’re left outside in all weathers to essentially rot. Has anyone else noticed the state of the carriages?

    I can’t believe how the carriages have been treated given the cost and fine craftsmanship that went into them, a compleat lack of planning and foresight, begging the question of how long is left on the planning application. It’s not long before the whole planning process needs to start over, does anyone really believe we’ll got a second stab at it. And who’s going to ask and where’s the money coming from to fund a second chance. Or rather will Peter miles or those in power give an indication as to where this money coming from.

    Let’s hear from the arm chair enthusiasts living in cloud Cuckoo land who seem to think the future is rosey, at least it might be through your rose tinted glasses!

    Let’s have a look at the current conditions imposed on the planning application and have a guess at the millions of pounds still to be found in a pretty short space of time – happy reading - apologies for the formatting resulting from copy n pasting from my PDF version.

    Planning Permission was GRANTED subject to the following CONDITIONS for the reasons given: -

    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
    Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990, (as amended by the Planning & Compulsory Purchase Act 2004).The development hereby approved shall be carried out strictly in accordance with the following schedule of plans and details, unless otherwise required by condition below:
    • Bridge 59 to Bridge 60 Location Plan, drawing number LBR-B59-B60-LP rev A and date stamped 4 February 2020;
    • Holwell Farm AC & Bridge 59 Location Plan, drawing number LBR-B59-LP rev A and date stamped 4 February 2020;
    • Rowley Barton Crossing Location Plan, drawing number LBR-RBC-LP rev A and date stamped 4 February 2020;
    • Bridge 59 Holwell Bank Section, drawing number 003 issue A and date stamped 4 February 2020;
    • Bridge 59 Holwell Bank Plan (1), drawing number 001 issue A and date stamped 4 February 2020;
    • Bridge 59 Holwell Bank Plan (2), drawing number 002 issue A and date stamped 4 February 2020;
    • Rowley Barton General Arrangement, drawing number LBR-56.7-001 revision C and date stamped 4 February 2020;
    • Location of redline corrections, drawing number LBR-LRC-LP and date stamped 27 July 2020;
    • Rowley Barton Supplementary Detail to dwg LBR-56.7-001, drawing number LBR-56.7-002 and date stamped 27 July 2020;
    • Accommodation Crossing Proposed Elevations, drawing number LBR-AC- PE-20150713 and date stamped 27 July 2020;
    • Cattle Creep Bridge Proposed Elevations, drawing number LBR-GD- CCPE-20150707, date stamped 27 July 2020;
    • Accommodation Crossing Proposed Plan, drawing number LBR-AC-PL- 20150713 and date stamped 27 July 2020;
    • Line on Cutting Longitudinal Section, drawing number LBR-LC-LS-02- 20150916 and date stamped 27 July 2020;
    • Cattle Creep Bridge Proposed Plan, LBR-GD-CCPP-20150707 and date stamped 27 July 2020;
    • Line on Cutting Plan, drawing number LBR-LC-P-02-20150916 and date stamped 27 July 2020;

    • Line on Cutting Transverse, drawing number LBR-LC-TS-20150709 and date stamped 27 July 2020;
    • Line on Level Transverse Section, drawing number LBR-LL-TS-20150709 and date stamped 27 July 2020;
    • Line on Level Plan, drawing number LBR-LL-P-20150916 and date stamped 27 July 2020;
    • Line on Embankment Longitudinal Section, drawing number LBR-LE-LS- 02-20150916 and date stamped 27 July 2020;
    • Line on Embankment Plan, drawing number LBR-LE-P-02-20150916 and date stamped 27 July 2020;
    • Line on Embankment Transverse Section, drawing number LBR-LE-TS- 20150709 and date stamped 27 July 2020; and
    • Line on Level Longitudinal Section, drawing number LBR-LL-LS-02- 20150916 and date stamped 27 July 2020.
    Reason: To ensure a satisfactory standard of development in the interests of complying with planning policies and the visual amenity of the area.This permission shall not be carried out, unless planning permission 62/50/16/001 is implemented. Where the development pursuant to this application, reference 62/50/20/004, coincides with the red line application site of planning permission 62/50/16/001, the development shall not be carried out other than strictly in accordance with the details approved as part of this application – reference 62/50/20/004. If any work pursuant to application 62/50/16/001 takes place in respect of the construction of a railway, where that lies in a position parallel to the application site in respect of application 62/50/20/004, any works already completed on site pursuant to this permission (62/50/20/004) shall be demolished, removed from the site and the land shall be restored to its former condition within one month of the those works commencing under 62/50/16/001 where that coincides with a position parallel with the red line application site of this permission.
    Reason: The planning permission is proposed as an alternative to 62/50/16/001 in respect of two sections of railway track, being at Rowley Barton and Holwell Bank. The condition is necessary to ensure only one line of railway track is permitted in the interests of the character and appearance of the landscape, the character and appearance of the heritage asset of the former railway and in the interests of local amenity.The development hereby permitted shall not be carried out unless planning permission 62/50/16/001 is implemented and it shall not be commenced until:
    (i) there has been submitted to the local planning authority documentary evidence –
    a. proving that the applicant owns all the land required for the development permitted by this permission and permissions

    62/50/16/001 (expect in respect of the approved application site where it lies parallel with the application site hereby approved), 62/50/16/002, 62/50/16/003 and 62/50/16/004;
    b. provingthattheapplicanthasenteredintoaconstructioncontractor construction contracts which provide for the completion of all the development permitted by this permission and permissions 62/50/16/001, 62/50/16/002, 62/50/16/003 and 62/50/16/004 within a specified time period;
    c. showing that the applicant has sufficient funds to meet its liabilities under the above contract or contracts; and
    (ii) the local planning authority has given notice in writing that documentary evidence which satisfies this condition has been submitted.
    Reason: The planning permission is proposed as an alternative to 62/50/16/001 in respect of two sections of railway track, being at Rowley Barton and Holwell Bank. To ensure a satisfactory and comprehensive development in accordance with the approved plans in the interests of the character and appearance of the landscape and local environment.Theuseofthedevelopmentherebypermittedinconnectionwiththeoperation of a railway shall not commence until all the operational development permitted by this permission and permissions 62/50/16/001 (expect in respect of the approved application site where it lies parallel with the application site hereby approved), 62/50/16/002, 62/50/16/003 and 62/50/16/004 has been completed.
    Reason: The planning permission is proposed as an alternative to 62/50/16/001 in respect of two sections of railway track, being at Rowley Barton and Holwell Bank. To ensure a satisfactory and comprehensive development in accordance with the approved plans in the interests of the character and appearance of the landscape and local environment.
    No part of the development hereby permitted shall be commenced until a detailed permanent surface water drainage management plan is submitted to, and approved in writing by the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. This detailed permanent surface water drainage management plan shall be in accordance with the principles of sustainable drainage systems, and those set out in the Flood Risk Assessment submitted in support of the application.
    Reason: To ensure that surface water from the development is managed in accordance with the principles of sustainable systems.Prior to the commencement of the development hereby permitted a land contamination assessment and associated remedial strategy, together with a timetable of works, shall be submitted to and approved in writing by the Local Planning Authority:

    a) The land contamination assessment shall include a desk study and site reconnaissance and shall be submitted to the Local Planning Authority for approval. The desk study shall detail the history of the site uses, identify risks to human health and the environment, and propose a site investigation strategy based on the relevant information discovered by the desk study. The strategy shall be submitted to and approved in writing by the Local Planning Authority prior to any investigations commencing on site.
    b) Any subsequent site investigations shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology.
    c) A site investigation report detailing all investigative works and sampling on site, together with the results of analysis, risk assessment to any receptors and a proposed remediation strategy shall be submitted to and approved in writing by the Local Planning Authority. The Local Planning Authority shall approve such remedial works as required prior to any remediation commencing on site. The works shall be of such a nature as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment including any controlled waters.
    d) Where relevant, approved remediation works shall be carried out in full on site under a Quality Assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority in writing.
    e) Where relevant, a verification report shall be submitted to and approved in writing by the Local Planning Authority. The verification report shall include details of the proposed remediation works and Quality Assurance certificates to show that the works have been carried out in full in accordance with the approved methodology. Details of any post-remedial sampling and analysis to show the site has reached the required cleanup criteria shall be included in the completion report together with the necessary waste transfer documentation detailing what waste materials have been removed from the site.
    f) A certificate signed by the developer shall be submitted to the Local Planning Authority confirming that the appropriate works have been undertaken as detailed in the completion report.
    Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off-site receptors in accordance with the National Planning Policy Framework.

    Should any contamination of soil or groundwater not previously identified be discovered during development, the developer shall immediately notify the Local Planning Authority. Site activities within that sub-phase or part thereof, should be temporarily suspended until such time as a procedure for addressing such contamination, within that sub-phase or part thereof, is agreed upon in writing by the Local Planning Authority.
    Reason: To ensure that any contamination existing and exposed during the development is identified and remediated.
    Prior to the commencement of development hereby approved a Construction Traffic Management Plan (CTMP) to manage the impacts of construction during the life of the works at the relevant location shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt and where relevant, the CTMP shall include:-
    a) measures to regulate the routing of construction traffic and expected number of construction vehicles per day;
    b) the times within which traffic can enter and leave the identified construction sites;
    c) theimportationandremovalofspoilandsoilonsite;
    d) the removal /disposal of materials from site, including soil and vegetation;
    e) the location and covering of stockpiles;
    f) details of measures to prevent mud from vehicles leaving the site and must include wheel-washing facilities;
    g) control of fugitive dust from earthworks and construction activities; dust suppression;
    h) a noise control plan which details hours of operation and proposed mitigation measures;
    i) details of any site construction office, compound and ancillary facility buildings;
    j) specified on-site parking for vehicles associated with the construction works and the provision made for access thereto;
    k) apointofcontact(suchasaConstructionLiaisonOfficer/sitemanager) and details of how complaints will be addressed.
    The details so approved and any subsequent amendments, as shall be agreed in writing by the Local Planning Authority, shall be complied with in full and monitored by the applicants to ensure continuing compliance during the construction of the development.
    Reason: The planning permission is proposed as an alternative to 62/50/16/001 in respect of two sections of railway track, being at Rowley Barton and Holwell Bank. To minimise the impact of the works during the construction of the development in the interests of highway safety and the

    free-flow of traffic, and to safeguard the amenities of the area. To protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway.
    The development hereby permitted shall not be commenced until such time as a Water Resources Risk Assessment has been submitted to and approved in writing by the local planning authority. The assessment shall include details of the following:
    • Identification of all public and private water supply sources, and groundwater dependent features that could potentially be impacted by the development;
    • Delineation of the catchment areas of these sources and features;
    • Identification of the construction and operation phase activities that could
    potentially impact these sources and features;
    • An assessment of the risk of impact of the development on these sources
    and features; and
    • A monitoring and mitigation strategy to ensure that these sources and
    features are not adversely impacted by the development.
    The monitoring and mitigation strategy shall be fully implemented as approved.
    Reason: The planning permission is proposed as an alternative to 62/50/16/001 in respect of two sections of railway track, being at Rowley Barton and Holwell Bank and to protect controlled waters.
    No development shall take place until a detailed Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. This Plan shall include details of all permits, contingency plans and mitigation measures that shall be put in place to control the risk of pollution to air, soil and controlled waters, protect biodiversity and avoid, minimise and manage the productions of wastes with particular attention being paid to the constraints and risks of the site. The CEMP shall specifically include the following:
    a) Risk assessment of potentially damaging construction activities.
    b) Identification of “biodiversity protection zones”.
    c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
    d) The location and timing of sensitive works to avoid harm to biodiversity features.
    e) The times during construction when specialist ecologists need to be present on site to oversee works.
    f) Responsible persons and lines of communication.
    g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

    h) Use of protective fences, exclusion barriers and warning signs.
    Thereafter the development shall be carried out in accordance with the approved details and any subsequent amendments shall be agreed in writing with the Local Planning Authority.
    Reason: The planning permission is proposed as an alternative to 62/50/16/001 in respect of two sections of railway track, being at Rowley Barton and Holwell Bank. To ensure that adequate measures are put in place to avoid or manage the risk of pollution or waste production during the course of the development works and in the interests of wildlife.
    No development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority. The development shall thereafter be carried out in accordance with the agreed details.
    Reason: To help record and protect the archaeological heritage of the district. This includes recording standing fabric associated with the railway as well as potential buried earlier remains.
    Prior to the commencement of development hereby approved a Habitat Management Plan (HMP) shall be submitted to, and be approved in writing by, the Local Planning Authority. The content of the HMP shall include the following:
    a) Description and evaluation of features to be managed.
    b) Ecologicaltrendsandconstraintsonsitethatmightinfluence management.
    c) Aims and objectives of management.
    d) Appropriate management options for achieving aims and objectives.
    e) Prescriptions for management actions.
    f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
    g) Details of the body or organization responsible for implementation of the plan.
    h) On-goingmonitoringofhabitatandspecies,including,batsanddormicein the area of Holwell Wood, and remedial measures for each.
    The HMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the HMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning

    biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.
    Reason: In accordance with Government and local policy for the maintenance of biodiversity.Vegetation clearance in Holwell Wood will be undertaken using a phased approach, prior to construction works commencing in accordance with a time table and phasing plan previously submitted to and agreed in writing by the Local Planning Authority. The phasing plan shall include details for clearing small sections of vegetation by hand. Updated tree inspection surveys for bat roosts will be undertaken prior to any tree removal and reported to, along with any proposed mitigation required, and approved by the Local Planning Authority before action is taken. Similarly updated inspections of buildings likely to support roosting bats will be undertaken and likewise reported.
    Reason: In the interests of the strict protection of European protected species that have been identified as present at these sites and to ensure that any additional mitigation that may be required by virtue of passage of time is included.
    No lighting shall be permitted during the construction period and for the duration of the development unless otherwise authorised in writing by the local planning authority.
    Reason: In the interests of the strict protection of European protected species and the character and appearance of the National Park landscape, including its dark night sky.
    Notwithstanding the provisions of Class A to Part 8 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, or any order revoking and re-enacting that Order, any proposal for the erection of structures or buildings, car park or other development provided under transport legislation shall be the subject of a separate planning application to the Local Planning Authority.
    Reason: In order that the Local Planning Authority can consider the potential impact of development on the local environment and in the interests of the character and appearance of the landscape.
    Vegetative clearance works in any area of suitable habitat, such as woodland, hedgerows and scrub, for Hazel Dormouse shall not in any circumstances commence unless the local planning authority has been provided with either:
    a) a licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 authorising the specified activity/development to go ahead; or
    b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.

    Reason: To ensure the strict protection of a European Protected Species Temporary loss of woodland will occur as a result of within Holwell Wood. Permanent loss of woodland understorey will occur along the existing track bed where scattered scrub and trees have established.Prior to the operation of the railway commencing a carbon emissions plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall demonstrate how the operation of the Lynton and Barnstaple Railway will become carbon neutral, achieving this by no later than the 31st December 2030. The plan shall include:
    Baselineinformationofcarbon,theirsourcesandemissions,
    Proposals to reduce emissions as far as possible, and to offset residual emissions, including confirmation regarding any land agreements or access permissions for off site measures; and timetable for their implementation.
    Preference will be given to measures to offset carbon emissions on site where this is compatible with National Park purposes, and no off site measures will be considered until such time as the Local Planning Authority are satisfied that every reasonable effort has been made to achieve the necessary savings on site.
    Once approved, the operation shall commence and be maintained thereafter in strict accordance with the approved plan unless otherwise agreed in writing by the Local Planning Authority.
    Subsequently, every five years from the date of operations beginning in the railway hereby approved up to 2031, the applicant is to provide the Local Planning Authority a report, which sets out what measures have been implemented to reduce carbon emissions during the period of operations, an updated emissions baseline, and any further proposals to reduce emissions levels if it appears that the target of being carbon neutral is unlikely to be achieved.
    Reason: In the interests of reducing the carbon footprint of the development and to comply with policy GP1 & CC-S1 of the Exmoor Local Plan.
    Notes to Applicant:

    MONITORING OF DEVELOPMENT
    The applicant/developer is reminded that it is their responsibility to ensure that the requirements of each planning condition are met and that the works are undertaken in accordance with the approved plans. Any failure to meet the terms of a planning condition or work which does not accord with the approved plans leaves the applicant/developer liable to formal action being taken. The National Park Authority endeavours to monitor on site the compliance with conditions and building works. This has benefits for applicants and developers as well as the National Park. To assist with this monitoring of development the applicant/developer is requested to give at least fourteen days notice of the commencement of development to ensure

    that effective monitoring can be undertaken. The Planning Section can be contacted at Exmoor National Park Authority, Exmoor House, Dulverton, Somerset, TA22 9HL or by telephone on 01398 323665 or by email plan@exmoor-nationalpark.gov.uk.
    • CONDITIONS AND INFORMATIVES AND THE SUBMISSION OF FURTHER DETAILS
    Please check all the conditions and informatives attached to this Decision Notice. If there are any conditions which require submission of details and/or samples prior to work commencing on site it is vital than these are submitted and agreed in writing by the Local Planning Authority before work starts. Given the High Court’s interpretation of the Planning Acts and their lawful implementation it is unlikely that the Local Planning Authority will be able to agree to a sample/details after the commencement of works if that sample/details should have been approved prior to commencement. If a sample/detail is not agreed as required prior to commencement and works have started then it is likely that this matter may only be able to be rectified by the submission of another application. To avoid delay, inconvenience and the need to submit a further application, please ensure that all appropriate details/samples are submitted and agreed at the specified time.
    Please also note that due to other decisions of the High Court it is now not normally possible for the Local Planning Authority to agree to minor amendments to approved applications on an informal basis.
    The Department of Communities and Local Government have introduced a process whereby it is now possible to apply for a non-material amendment to a permission. This can deal with changes to plans which do not fundamentally alter the form of permission but are a variation to the approval. The appropriate form is available by request at Exmoor House or by downloading from the National Park Authority web site. Applications can be made via the Planning Portal.
    Please ensure that works comply with the approved plans so as to avoid the possibility that works are unauthorised and liable for enforcement action.
    • POSITIVE & PROACTIVE STATEMENT
    This Authority has a pro-active approach to the delivery of development. Early pre-application engagement is always encouraged. In accordance with the requirements of Article 35 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, in determining this application, Exmoor National Park Authority has endeavoured to work positively and proactively with the agent/applicant, in line with the National Planning Policy Framework, to ensure that all relevant planning considerations have been appropriately addressed to achieve a positive outcome.
    • ENVIRONMENT AGENCY NOTES Advice – Contaminated Land

    We have reviewed the following documents relating to Planning Application 62/50/20/004:
    - Lynton to Barnstaple Railway Reinstatement Phase I Contaminated Land Assessment, Fluid Environmental Consulting Ltd, dated 4th April 2019;
    - Figure 1: Proposed development – Additional Information and Figure 2: Historical land uses and sensitive features - Additional Information (both dated 27th July) that were previously missing from the Phase 1 report;
    - Drawing Location of Red Line Correction - Additional Plan (dated 27th July);
    - Planning Application, dated 4th December 2019; and
    - Lynton to Barnstaple Railway Reinstatement: Scoping Report in support of an Application for a Transport and Works Act Order, LUC, dated October 2019.
    The application relates to works required along two short subsections of the Lynton to Barnstaple Railway Reinstatement development. The diagrams provided indicate that proposed works in these areas shall include:
    - Line Section West of Holwell Wood: A crossing to provide access to Holwell farm and construction of Bridge 59; and
    - Line Section near Rowley: A crossing of provide access to Rowley Barton and the culverting of the stream from Rowley Down.
    A review of OS mapping and aerial photography suggests the neither section is located in an area of cut that may have been subject to historical infill. We are therefore in agreement ground contamination represents a low risk to controlled waters in these areas. Despite this low risk, there is an absence any intrusive investigations information to confirm this and the historical presence of a coal powered, narrow gauge steam railway (1898 – 1935) does represent a potential source of contaminated ground. Therefore, we recommend the above-mentioned precautionary condition within any permission granted to ensure that any unsuspected contamination is found to be present it is dealt with appropriately.
    Advice – Pollution Prevention
    We refer the applicant to the advice contained within our Pollution Prevention Guidelines (PPGs), in particular PPG5 – Works and maintenance in or near water and PPG6 – Working at construction. These can be viewed via the following link: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg
    We recommend that a Construction Environment Management Plan (CEMP) is produced to pull together and manage the pollution control and waste management requirements during the construction phase. A CEMP is best prepared with the main Contractor. We recommend that a CEMP is drafted using the guidance from PPG6.

    Advice – Waste
    Only suitable of materials should be used in the construction of embankments and/or watercourse crossing structures to ensure there is no adverse impact on water courses.
    If materials that are potentially waste are to be used on-site, the applicant will need to ensure they can comply with the exclusion from the Waste Framework Directive (WFD) (article 2(1) (c)) for the use of, ‘uncontaminated soil and other naturally occurring material excavated in the course of construction activities, etc...’ in order for the material not to be considered as waste. Meeting these criteria will mean waste permitting requirements do not apply.
    Where the applicant cannot meet the criteria, they will be required to obtain the appropriate waste permit or exemption from us.
    A deposit of waste to land will either be a disposal or a recovery activity. The legal test for recovery is set out in Article 3(15) of WFD as:
    • any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy.
    • We have produced guidance on the recovery test which can be viewed at https://www.gov.uk/guidance/waste-recovery-plans-and-permits#waste- recovery-activities.
    You can find more information on the Waste Framework Directive here:
    https://www.gov.uk/government/publications/environmental-permitting- guidance-the-waste-framework-directive
    More information on the definition of waste can be found here:
    https://www.gov.uk/government/publications/legal-definition-of-waste- guidance
    More information on the use of waste in exempt activities can be found here:
    https://www.gov.uk/government/collections/waste-exemptions-using-waste
    Non-waste activities are not regulated by us (i.e. activities carried out under the CL:ARE Code of Practice), however you will need to decide if materials meet End of Waste or By-products criteria (as defined by the WFD). The ‘Is it waste’ tool, allows you to make an assessment and can be found here: https://www.gov.uk/government/publications/isitwaste-tool-for-advice-on-the- by-products-and-end-of-waste-tests
    Dated 30-Sep-2021
    Dean Kinsella
    Head of Planning and Sustainable Development

    NOTES
    1) APPEALS TO THE SECRETARY OF STATE
    If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990.
    If you want to appeal against your local planning authority’s decision, then you must do so within 6 months of the date of this notice.
    Appeals must be made using a form which you can get from Initial Appeals, The Planning Inspectorate, Temple Quay House, 2 The Square, Bristol BS1 6PN (Tel: 0303 444 5000) or online at https://acp.planninginspectorate.gov.uk/.
    The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
    The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
    2) If permission to develop land is refused or granted subject to conditions, whether by the Local Planning Authority or by the Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve a purchase notice requiring that the Council to purchase his interest in the land in accordance with the provisions of part VI of the Town and Country Planning Act, 1990.
    3) In certain circumstances, a claim may be made against the Local Planning Authority for compensation where permission is refused or granted subject to conditions by the Secretary of State on appeal or on a reference of the application to him. The circumstances in which such compensation is payable are set out in section 114 of the Town and Country Planning Act, 1990.
    4) Having regard to the statutory powers of the Highway Authority, you should consult the Highways Service Manager, West Somerset Area, SCC, Mart Road Ind Estate, Mart Road, Minehead, Somerset, (Tel 0845 3459155), or Area Engineer, Devon County Council, Civic Centre, Barnstaple, EX31 1ED, if any work connected with the development hereby permitted takes place within or immediately adjacent to a public highway e.g. footpath and margin crossings, piping of ditches, construction of waiting bays.
    5) This permission does not authorise you to stop-up or divert a public right of way in order to enable the development permitted to be carried out. Separate legal steps are necessary for this and further information can be obtained from the Exmoor National Park Officer, Exmoor House, Dulverton, TA22 9HL.

    And that people is the reality.


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  19. Old Kent Biker

    Old Kent Biker Member

    Joined:
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    Heritage Railway Volunteer:
    Yes I am an active volunteer
    I won't bother repeating all that, but what EXACTLY is your point? I think it may have got lost in all the minutiae.

    I had a look at the voting software service you highlighted, and whilst it is pretty good (doesn't handle postal voting yet, but that is apparently in the pipeline) at £350 per election, it's quite an additional expense, and I don't think tech is the answer. It won't solve the perceived issues - Perhaps a more basic review is required, although it is something the Trust (Trustees AND members) needs to resolve, rather than an unofficial talking shop such as Nat. Pres.
     
  20. RailWest

    RailWest Part of the furniture

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    I have to say that I too failed to see exactly what the message was about, once we had got past the introductory part about the voting.

    Having read the comment about "It’s not long before the whole planning process needs to start over, does anyone really believe we’ll got a second stab at it..." and then the long, very long list of planning requirements and constraints, I was expecting then for it to be followed by a list of "These are the things which have been completed so far..." so that we could then judge for ourselves exactly how much remains to be done.
     
    ross, The Dainton Banker and Snail368 like this.

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