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Lynton and Barnstaple - Operations and Development

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

  1. 30854

    30854 Resident of Nat Pres

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    The L&B is the largest NG scheme since the WHR and let's not forget that the planning decision in Gwynedd went against reinstatement, which only went ahead after the local planners were overruled by the then SoS, John Prescott, a minister in a confident government with a substantial commons majority, as close to the precise opposite of the current political climate as it's possible to conceive.

    Like the WHR, much lies within a National Park, which adds a layer of complication absent elsewhere. Although ENPA's position is supportive, that body is itself always open to legal challenges, should they be perceived to have broken their own guidelines or exceeded their statutory authority. Such an challenge, if successful, certainly wouldn't work to the railway's advantage.

    It would be wrong to think of "the opposition" as monolithic. Several folk will have perfectly valid and reasonable objections and it's far and away better to address these constructively ahead of the formal approval stage. To do otherwise would be both irresponsible and counter productive, as it would mean ignoring (or steamrollering) such reasonable "opposition" and would, by definition, drive them into the same camp as purely NIMBY objectors. Such a heavy handed approach would also run the very real risk of eroding local goodwill, turning the considerable passive support currently enjoyed into hostile opposition. Not a good idea, I'm sure we can all agree!

    It is as frustrating as all hell to bystanding supporters, but imagine how much moreso to members of the L&B and EA. Better though to permit applicants and planners the fullest scope to ensure as legally watertight a decision as possible, which would shift the burden of appeal costs to the NIMBY brigade, because right now, unless every "i" is dotted and every "t" crossed, the financial implications of such an error alone could well cripple the scheme.

    The old L&B, let's remember, was financially hamstrung from the moment of a large award against it in favour of the main contractor. The fact that a higher authority subsequently reversed this did the fledgling railway no good, as said contractor had gone bankrupt in the interim. Is anyone here so impatient that they'd rather see the new L&B run the risk of history repeating itself? ..... Thought not!
     
  2. flying scotsman123

    flying scotsman123 Resident of Nat Pres

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    Absolutely, and for my part at least I was just curious about what exactly was still ongoing rather than any particular frustration.
     
  3. 30854

    30854 Resident of Nat Pres

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    'Tis vexacious. Believe me, I may come across as though I'm not bouncing off the walls with every month's delay, but the truth is, no Zen master, me!
     
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  4. keithv

    keithv New Member

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    Re: "said contractor had gone bankrupt in the interim." The contractor did not go bankrupt and attended teh opening ofteh railway in 1898. They also maintained the track for a year after opening as agreed in their original contract. The company is still active today and as well as building Barnstaple's downstream bridge also rebuilt Bridge 67 for the L&B back in 2005.
     
  5. Reading General

    Reading General Part of the furniture

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    with regard to any project it is always easier to say NO if you are affected by it than say YES. The status quo is maintained by saying NO and that's a Known. People are quite justifiably afraid of hat a development may bring for them, it's up to the Promoters to win hearts and minds.
     
  6. 30854

    30854 Resident of Nat Pres

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    Intriguing, as that's a direct contradiction of the statement in Catchpole's history. Forgive me for quoting verbatim from the relevant paragraph:

    " .... and his [arbitrator Sir James Szlumper's] action in awarding to Mr Nutall the sum of £27,000 for blasting and extra work - against the terms of the contract - was indeed unfortunate, resulting in the permanent crippling of the railway company's finances. A final calamity occured in the bankruptcy of the contactor, for although the Court of Appeal gave it's verdict for the company, the financial condition of the contractor prevented it from recovering costs."

    A further extact, from a contemporary article in The North Devon Herald doesn't specifically mention any bankruptcy, but otherwise confirms the sequence of events outlined by Catchpole. It seems odd, given things were escalated to the point of a Court of Appeal ruling, that all would have continued as previously without some account of the matter of this considerable sum being settled in some mutually agreeable fashion.

    If my post was, as @keithv states, inaccurate, you now know why! If anyone can shed any additional light on the matter, I'd be most interested.
     
  7. keithv

    keithv New Member

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    This Court case did not happen until 1899 a year after the railway opened.
     
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  8. 30854

    30854 Resident of Nat Pres

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    Thanks Keith. Although Catchplole's statement and the newspaper extract give the sequence of events, no dates are evident in either.
     
  9. keithv

    keithv New Member

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    As far as I know, although awarded the costs, the Company never received the money back. After the L&B, Nuttalls went on to be involved with several civil engineering contracts including extensive works on the Manchester and Huddersfield main drainage schemes, Newcastle and Reading tramways, the Walker Naval Yard, the Royal Liver Building, large waterworks contracts for Manchester and Birmingham, and the Mersey Tunnel.

    There is also the often overlooked matter of Frank Chanter's litigation regarding his dismissal as General Manager.
     
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  10. 30854

    30854 Resident of Nat Pres

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    About that, I know nothing whatever. What occured? Once again, Catchpole's only mention of changes at the top of the L&B refers to no more than Charles Drewett succeeding to the post of GM in April 1899. Given his work dates from 1936 and conforms to the social niceties of that era, that's scarcely surprising. One simply didn't speak of such unpleasantnesses in polite society back then!

    Unfortunately, my decidedly finite resources are committed to a completely different project at present, so the clearly neccessary updating and expansion of my L&B references is just going to have to wait. C'est la vie.
     
  11. Bill Drewett

    Bill Drewett Member

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    Charles Drewett eh? I wonder if he was a relation...
     
  12. 30854

    30854 Resident of Nat Pres

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    Sounds like someone need to trawl through one of those ancestry sites, Bill. It'd certainly make for an interesting aside on an L&B memebership form. Folk can get co-opted onto letter headed paper, you know! :)
     
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  13. Bill Drewett

    Bill Drewett Member

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    Yes, I think I might do a little research. That would be quite something, great great uncle Charlie was GM of the L & B.

    (Of course I'd have to change my name on this forum to 'Drewettsquared'...)
     
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  14. Ken_R

    Ken_R Member

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    A starting point would be that in 1939, Charles E Drewett, born 1871, Railway Manager - Retired, was living at Upton Helions Park Lane, Barnstaple.
     
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  15. Bill Drewett

    Bill Drewett Member

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    And the search is underway! Thanks Ken, that's a really useful lead.
     
  16. Mark Thompson

    Mark Thompson Well-Known Member

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    Having not been there for a while, I've just taken a look on the planning portal, and i see another small rash of letters have appeared, of an increasingly vehement tone. The one by William Grob I particularly recommend (purely for the tone of its content)...
    But perhaps the most relevant, to account for the further delay, is a request by Foot Anstey (the grobs solicitor) advising that as they are currently working with counsel, requesting "in the interestests of natural justice" that no decision is made on the applications until response from counsel has been received.
    In other words, legal strong-arming ENPA to conform to their timetable.

    Just thought bid share that.
     
  17. Mark Thompson

    Mark Thompson Well-Known Member

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  18. johnofwessex

    johnofwessex Resident of Nat Pres

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    Please can we have a link?
     
  19. 30717

    30717 New Member

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  20. AD29935

    AD29935 New Member

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    Also of interest is the railways response (dated 30th November) to previous comments made by David Grob.

    I wasn't entirely clear what might be meant by the phrase "natural justice" in the Foot-Anstey letter. Google suggests it essentially means "the right to have one's case heard fairly".

    I'm assuming that the 21 day limitation period set by ENPA conforms to legal guidance in these areas? Having said that, I can't imagine ENPA or the L&B would gain anything by appearing to be overly rigorous in enforcing the deadline for the sake of a couple of weeks...
     
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