Planning committee rejects advice from QC amid rail track noise concern

Planning committee members at Oxford City Council have rejected advice from both a barrister and officers over whether Network Rail should be required to use ‘silent’ rail track.

The dispute concerns a section of line to be built in the city for the East-West Rail project, which would reconnect Oxford with Milton Keynes and Bedford.

Planning officers recommended acceptance of Network Rail’s plans in a resubmitted noise scheme of assessments and had consulted both a QC and engineering consultancy Arup on the proposals.

But councillors declined to accept this due to concerns about noise and because they felt restrictions should be placed on the number of train movements.

Minutes of the West Area planning committee stated: “This was because they did not consider that Network Rail had demonstrated to the satisfaction of the council that the provision of rail damping [noise reduction] was not reasonably practicable and they were concerned that the modelling did not reflect the possible future increase in train services.”

Officers then told councillors that were they to vote against their recommendation it was likely Network Rail would appeal “and that there were potential risks of an adverse award of costs against the council from the decision”, the minutes noted.

“If that was the case then the officers involved in the Network Rail applications would not be able to support those decisions at appeal as the position of the council at appeal would be irreconcilable with the professional advice provided by those officers.” 

Councillors though pressed ahead as they want to specify ‘silent rail’ must be used on the section in the city - a material thought to reduce train noise.

Network Rail has been contacted for comment.

Mark Smulian