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16-06-2007, 12:33 PM
  #1  
Business Planning
 
Join Date: Jun 2007
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Does anyone know whether "Permitted Development Rights" absolves Network Rail of all obligations towards people living in the vicinity of their communications structures? or do they still have some legal obligations to ensure that their communications structures do not adversely affect their neighbours? My garden boarders onto a railway line and I ended up with a huge and ugly signalling substation built only yards away from my house (I was not consulted about this construction because it was built under "Permitted Development Rights"). Not only is this substation a complete eyesore, but it also has a diesel generator running inside for hours on end most days. The noise and fumes from this generator mean that that my family and I are confined to indoors with our windows closed whenever it is running. I have written to my MP and the local environmental health department are investigating this as a potential "statutory noise nuisance". I was hoping someone here might be able to indicate what legal obligations (if any) Network Rail have to ensure that their communications structures built under "Permitted Development Rights" do not adversely affect their neighbours, and whether there is any possibility that Network Rail might end up having to re-locate this substation.
Many thanks,
Shaun.
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19-06-2007, 05:51 PM
  #2  
Business Director
 
Join Date: Feb 2007
Posts: 91
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Shaun,

This is a Forum for Small Business.

This sounds like a question more suitable for the local Citizen's Advice Bureau.

Good luck.
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29-06-2007, 10:48 PM
  #3  
Business Planning
 
Join Date: Jun 2007
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Thanks stratigen, I realised this was a small business forum after I posted. This is too specific a problem for the Citizen's Advice Bureau, all they could do was to recommend a list of solicitors. Anyway, the council concluded the substation is causing a statutory noise nuisance and have served an abatement notice on Network Rail to abate the nuisance. There's been no noise from the substation for over a week now and I'm waiting with baited breath to find out what the final outcome will be.
Shaun.
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