Discussion in 'Heritage Railways & Centres in the UK' started by nine elms fan, Nov 4, 2012.
Great News - well worth waiting for.
Wow! Such a relief, and a bright future.
That is wonderful news. It was a long wait but worthwhile.
At last, that's very good news, Its hoped now that the purchase of the land necessary can be done by mutual agreement, and that the CP powers do not need to be enacted, Hopefully now, in a couple of years time, I will be able to board a train to Robertsbridge, cross over to the RVR station and board a train for Tenterden .
There is still a right of appeal against this decision, and I fully expect two objectors to exercise that right....
Is there? I always thought that once the decision was made, any appeal can only be based on due process and that the decision its self can not be challenged .
I must confess that was my view. The objectors had adequate opportunity to presnet their case at the Public Inquiry and had a QC represent them [this is now a KC]. This whole process was very costly for both parties. If I was an objector I wouldn't want to spend more money where the chances of sucess are very limited. The Inspectors report will make ineresting reading although I might just look at the 'management summary'. I can think of many heritage railways who will be examining this ruling in detail.
Since I posted, I looked this up on the gov web site, and yes appeals can only be about the process, not the decision, the time for that, was at the public hearing,
Excellent news, well done to you all!
You are right, but I would expect the two parties concerned to try to come up with grounds for an appeal...
The note from the Department for Transport contains the following at Annex A:-
RIGHT TO CHALLENGE ORDERS MADE UNDER THE TWA
Any person who is aggrieved by the making of the Order may challenge its validity, or the
validity of any provision in it, because
• it is not within the powers of the TWA; or
• any requirement imposed by or under the TWA has not been complied with.
Any such challenge may be made, by application to the High Court, within the period of 42
days beginning with the day on which notice of this determination is published in the London
Gazette as required by section 14(1)(b) of the TWA. This notice is expected to be published
within 3 working days of the date of this decision letter.
That's my reading of it too, the only if due process as not been followed can it be questioned, i don't see any grounds from the land owners to stop the order,
Brilliant, wonderful news, Mike! And thank you for letting us know so promptly.
All that ceaseless hard work has paid off.
I am just truely over the moon for you all!
Excellent news, persistence and careful preparation has paid off.
That is correct.
Very well done to everyone who worked for this outcome.
We are taking about a legal process, there is always more than one interpretation. If they have the money I expect them to go for it.
Excellent news! Very many congratulations RVR - you've blazed a trail that others will follow.,,,
Separate names with a comma.