WAVERLEY RAILWAY (SCOTLAND) BILL GROUPINGS: 28 OCTOBER 2005

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Marvin Tracy Day
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1 WAVERLEY RAILWAY (SCOTLAND) BILL GROUPINGS: 28 OCTOBER 2005 Objection groupings follow general route of railway (north to south): Eskbank, Dalhousie, Newtongrange, Gorebridge, Falahill, Heriot, Fountainhall, Stow, Galashiels Group H:Householder R: Represented 1 C 114 (Scottish Power) Impact on assets and infrastructure Impact on property interests Scottish Power 2 C 116 (Transco plc) R (Bircham Dyson Bell) C 140 (Scotland Gas Networks plc) R (Bircham Dyson Bell) Impact on property interests Impact on assets and infrastructure Impact on property interests Impact on assets and infrastructure Scotland Networks plc Gas 3 C 115 (Network Rail) Impact of objector s role as track operator (health and safety duties, potential liabilities) Loss of revenue Network Rail 4 C 113 (BRB Residuary) Ltd R (Biggart Baillie) Protection of assets and property and rights over land Impact on objector s statutory obligations BRB 1

2 Group H:Householder R: Represented 5 C 76 (SUSTRANS) (cycle paths) C 118 (Railway Paths Ltd) (cycle paths) SUSTRANS 6 C 112 (Royal Mail Group plc and Post Office Ltd) R (McGrigors) Impact on objectors statutory obligations (delivery of mail) Re-siting of infrastructure (post boxes etc) Loss of revenue Royal Mail Group plc and Post Office Ltd 7 C 87 (CPL Distribution Ltd) 8 C 137 (The Cockatoo Bar & Restaurant, Millerhill) Impact on viability of business and loss of custom and revenue H 124 (Linda Page) (outlook from house) H 80 (Mr & Mrs Lamb) Safety CPL James Cockatoo Glass, 2

3 Group H:Householder R: Represented Impact on viability of business and loss of earnings (woodland and garden) ECHR Eskbank 9 C 8 (Symon of Edinburgh) and business operations C 77 K & I Ltd) and resulting impact on viability C R (Bonar Mackenzie WS) 122 (Tesco Stores Ltd) R (Semple Fraser WS) of business and business operations Impact on development plans for store Tesco Ltd 10 C 82 (Grange Estates, Murderdean Road) R (Bell & Scott) C 83 (Grange Estates) R (Bell & Scott) C 84 (Trustees of Newbattle Trust) and buildings Loss of storage facilities Impact on viability and operation of business Impact on planning potential for site and ability to sell for business opportunities Impact on value of adjoining land Impact on development potential of land Grange Estates 3

4 Group H:Householder R: Represented R (Turcan Connell) Impact on farming operations 11 H 78 (Drs Wyllie and Mr & Mrs Combe) Safety (cycle/foot paths) Impact on value of properties H 120 (David Flynn) (cycle/foot paths) Impact on wildlife, vegetation Noise Pollution H 133 (Ms Lea Taylor) Noise Pollution Crime Litter 12 H 30 (Mr & Mrs Dunn) Noise Air pollution Litter Loss of privacy Safety Increase in crime Increase in traffic Dr David Wyllie Mr D McGlashan 4

5 Group H:Householder R: Represented Note: two alternative locations for station and car park proposed H 31 (J Walker) As above H 32 (Mr & Mrs Paterson) As above H 33 (Mr & Mrs Joshi) As above H 35 ( Mr & Mrs Dalgetty) As above H 36 (Mr & Mrs Jackson) As above H 37 (Mr & Mrs Cairns) As above H 38 (Mr D McGlashan) As above H 39 (Mr & Mrs Docherty) As above H 40 (Mrs Hood) As above H 41 (Andrew Reid) As above H 42 (Mr & Mrs Spinks) As above H 43 (Mr B Mayberry) As above H 44 (Mr & Mrs Dodds) As above H 45 (Mr & Mrs Forrester) As above H 46 (Mr D Brown) As above H 47 (Miss J Mitscavitch) As above H 48 (Mr & Mrs Scaife) As above H 49 (Ms C Brasher) As above H 50 (Mr & Mrs Maitland) As above H 51 (Mr & Mrs Wightman) As above H 52 (Mrs A Rooney) As above H 53 (Mr & Mrs McDonald) As above H 54 (Mr & Mrs Ewing) As above 5

6 Group H:Householder R: Represented H 55 (Mr & Mrs More) As above H 56 (Mr & Mrs Chalmers) As above H 121 (Mr & Mrs Sheriffs) As above 13 H 79 (Mr & Mrs Martin) and rights Long term care of land and making good Dalhousie 14 H 1 (Mr & Mrs Street) to property and to livestock Noise Pollution Possible damage to tarmac road outside property (upgraded at cost to resident) Safety (speed limit on A7 when accessing on to it) (woodland) H 9 (J B Pendlebury) to property Noise Possible damage to tarmac road outside property (upgraded at cost to resident) Loss of privacy through removal of vegetation H 10 (W T Davies) to property Mr Martin Mr Street 6

7 Group H:Householder R: Represented Noise Possible damage to tarmac road outside property (upgraded at cost to resident) Loss of privacy through removal of vegetation H 125 (Mr & Mrs Lawrence) Pollution Risk of structural damage to boundary wall Increase in traffic and safety 15 H 7 (Thomas Wilson) (walkway) Thomas Wilson 16 C 90 (Millers Oils Ltd) R (Russel & Aitken) Lothianbridge 17 C 59 (Mr & Mrs Dubickas) R (Stuart & Stuart WS) 18 C 60 (Mr & Mrs Pretswell) R (Ironside Farrar) and rights Impact on viability of business and loss of earnings Impact on value of land and property Impact on business (caravan park and garage) and loss of revenue and buildings Impact on value of land and long term financial investment Impact on business operations and viability Millers Oils Ltd Mr & Mrs Dubickas Mr & Mrs Pretswell 7

8 Group H:Householder R: Represented Long term use of land and reinstatement of land as fit for use (planning permission issues) Newtongrange 19 H 57 (Residents of Victoria Gardens) 20 H 58 (Residents of Deanpark) Compensation for reduction in property value (siting of signal boxes) Air pollution through passing trains Aesthetics (fencing) Health and safety Increase in traffic Compulsory purchase concerns (no properties being compulsorily acquired though?) Berend Meijer Lesley Deans 21 H 85 (Mr & Mrs McCloskey) Siting of footpath at rear of property through removal of vegetation thereby reducing natural noise barrier and visual screen Loss of privacy Security Mr & Mrs McCloskey 22 H 86 (Residents of New Star Bank) Siting of footbridge close to properties through removal of vegetation thereby Mr Forrester 8

9 Group H:Householder R: Represented reducing natural noise barrier and visual screen Loss of privacy Security and increase in crime Impact on value of properties Note: Alternative to siting of footbridge proposed 23 H 81 (Steven Lyon & Lyndsay Jackson) 24 H 135 (Brian Byars & Marie Sutherland) Safety Noise Air quality (woodland and vegetation) Loss of privacy Impact on utility services Health Reduction in value of property Safety Steven Lyon & Lyndsay Jackson Bryan Byars & Marie Sutherland 25 C 94 (Scottish Mining Museum) R (Ketchen & Stevens) Risk of structural damage to buildings Impact on development of museum Scottish Museum Mining Gorebridge 9

10 Group H:Householder R: Represented 26 H 64 (Residents of Harvieston Villas) 27 C 92 (Tony Stovin) R (Warners) H 93 (David & Lynn Swift R (Ian Kennedy WS) 28 H 95 (Bridie Thompson) R (Domus Ltd) H 96 (Kenneth Scollan) R (Domus Ltd) and buildings Impact on value of properties Impact on viability of business Impact on expansion of business Loss of privacy and its sale marketability and viability and safety of alternative access proposed including risk of flooding Impact on proposed housing development opportunity and loss of revenue Impact on services Note: Alternative access proposed and viability and safety of alternative access proposed including risk of flooding Impact on proposed housing development opportunity and loss of revenue Ian Macpherson Tony Stovin Bridie Thomson 10

11 Group H:Householder H R: Represented 97 (Mr & Mrs Silvagni) R (Domus Ltd) Impact on services Note: Alternative access proposed and viability and safety of alternative access proposed including risk of flooding Impact on proposed housing development opportunity and loss of revenue Impact on services Note: Alternative access proposed 29 C 11 (Paul & Christine Baxter) to property and farm land, in particular, impact on bridge access to property (views from property) and habitat (wild flowers, bog, marshland, woodland) Impact of construction traffic on drainage Noise Pollution Paul & Christine Baxter Fushiebridge 11

12 30 H 61 (Mr & Mrs Wightman) Air and ground pollution and impact on health Visual impact and property (peace and quiet) Mr & Mrs Wightman H 63 (Michael Radford) (felling of trees) Air and ground pollution and impact on health and building H 91 (Mr & Mrs Douglas) (trees and vegetation) Air pollution Visual impact 31 C 62 (Charles Callander) R (Kenneth Robertson, Land Agent) Falahill to land and livestock Impact on farming operations Loss of revenue (farm subsidies, grazing land, game shoot) Loss of privacy Charles Callander 12

13 32 H 3 (Mr & Mrs Rae) and through re-routing of A7 Maintenance of private tarmac access road Impact on services to property H 13 (Lesley Inglis) Maintenance of private tarmac access road Impact on services to property and through re-routing of A7 Safety and increase in traffic Mr & Mrs Rae 33 C 19 (D E W Kibble & Sons) R (Kenneth Robertson, Land Agent) Compulsory acquisition of land and through re-routing of A7 Noise from A7 and visual impact of railway and A7 crossing over railway D E W Kibble & sons 34 H 20 (Scott Murray) Impact on services to property and through re-routing of A7 Scott Murray Heriot 35 C 2 (J S Dun & Partners) R (Kenneth Robertson, Land Agent) to property and farm land Impact on farming activity James Dun 13

14 36 C 68 (Lord Borthwick) R (Andrew Wemyss, Land Agent) 37 H 18 (Robin Bull) R (Archibald Campbell & Hartley) 38 H 98 (Andrew & Dawn Smith) R (Archibald Campbell & Hartley) Loss of privacy Impact on value (and sale potential) of property (woodland and livestock land) Safety (proximity of railway line) ECHR Lord Borthwick Robin Bull Andrew & Dawn Smith 39 H 70 (Peter Caunt) Safety (of crossing over A7) C 100 (Heriot Community Council) Safety (of crossing over A7) (cycle, pedestrian, horse paths) 40 H 69 (Mr & Mrs Barnett) Impact on services to property Noise Felix Otton, HCC Mr & Mrs Barnett 14

15 41 H 16 (Mr & Mrs Allison) R (Edwin Thompson) Pollution Loss of trees and hedges and buildings (greenhouses) Impact on wildlife Risk of crime Loss of privacy and property Note: Alternative routes proposed Mr & Mrs Allison Fountainhall 42 H 119 (CJA Samuel & JM Llewellin) H 128 (Residents of Still Haugh) (woodland, vegetation, dyke) and aesthetics of property Pollution Financial loss and increase in maintenance costs for properties Impact on value of properties Pollution George Still Haugh Baillie, 43 C 23 (James Barr) R (Kenneth Robertson, Land Agent) Impact on farm s viability and operation (loss of crop yield) Impact on future investment in farm James Barr 44 C 101 (Mr & Mrs Scott) Mr & Mrs Scott 15

16 Stow 45 C 21 (James Muir) R (Kenneth Robertson, Land Agent) 46 C 22 (Lional Lofthouse) R (Kenneth Robertson, Land Agent) 47 C 15 (Nigel Miller) R (John Sale) 48 C 24 (L G Litchfield) R (Davis & Bowring) Impact on farming operations and long term use of farm land to land Impact on revenue and income Maintenance of fencing and drainage Impact on farm s viability, value and livelihood to farm land Impact on movement of livestock and storage facilities Impact on farm operations to farm land and impact on movement of machinery and livestock Loss of storage facilities for machinery, livestock and feed Loss of bridge Impact on value of farm James Muir Wilma Lofthouse Nigel Miller L G Litchfield 49 H 25 (Mr & Mrs Thomson) Health concerns through fumes, noise and vibration ECHR Compulsory acquisition of land/property and impact on access and egress Mr & Mrs Thomson 16

17 Safety (closeness of railway to school) 50 H 26 (James Kirkness and others) Compulsory acquisition of land and property H 27 (James Kirkness and Air pollution others) Safety (closeness of railway to school) Impact on traffic and safety Noise H 28 (James Kirkness) Compulsory acquisition of land and property James Kirkness H 29 (Mrs Myles) Compulsory acquisition of land and property 51 H 103 (R Wilson) Safety (closeness of railway to school) R Wilson Galashiels 52 C 105 (James Pringle, Gala Fish Farming Ltd) R (Andrew Wemyss, Land Agent) C 106 (James Pringle, Torwoodlee & Buckholm Estates Co Ltd) R (Andrew Wemyss, Land Agent) Impact on viability of business and employment Safety James Pringle 53 H 108 (Eildon Housing and property Peter Lee, EHA 17

18 Association) Health and safety Impact on value (and sale potential) of property Loss of revenue and overall financial impact 54 H 14 (Sheila Campbell) Loss of privacy Impact on value (and sale potential) of property Health and safety H 75 (Andrew Brown) (black path) H 126 (David Fowler) Pollution Noise (trees) H 127 (Residents of High Buckholmside) Pollution (black path, impact on wildlife) Impact on value of properties H 136 (Miss Fiona Morrison) Andrew Brown 55 C 104 (DSG Retail Ltd) R (Archibald Campbell & Harley) Impact on operation of retail park Impact on viability of retail units and loss of revenue DSG Retail Ltd 18

19 56 C 109 (Ostle Tyres) R (Collie & Co.) 57 C 139 (McLagan Investments Ltd) R (Maclay Murray & Spens) 58 C 71 (Gordon Richardson and Fjordhus Ltd) R (Alistair MacDonald) C 72 (Messrs S & I Thomson) R (Alistair MacDonald) Traffic management Risk of structural damage to site and buildings Impact on viability of business and employment and long-term future of business Loss of revenue Impact on planning and expansion plans for site Impact on economic development of site and loss of revenue Increase in construction traffic and health and safety and loss of buildings and storage facilities Impact on viability of business and jobs and storage area Impact on viability of business and jobs Ostle Tyres McLagan Investments Ltd Gordon Richardson 59 H 73 (Beechbank Place Proprieters Association) and buildings Jill BPPA Haldane, 60 C 74 (Rev John Creanor, Our Lady and St Andrew Church) C 117 (Archdiocese of St Andrews and Edinburgh) (car park) Impact on viability of church Richard Hamblett, Diocesan office 19

20 Health and safety 61 H 4 (Mr & Mrs Sandie) (black path) Loss of privacy H H 110 (Glenfield Residents Association) 138 (Waverley Housing) R (Henderson Boyd Jackson) (black path) Loss of privacy and natural light due to height of track bed Risk of flooding Health and safety (construction traffic, train derailment) Impact on viability of business and ability to let properties Risk of structural damage to properties Mr A Hegarty, GRA 62 H 141 (Mr Scott & Mr McConnachie) Safety (increase in traffic) (garden) Damage to road during construction Mr Scott & Mr McConnachie 63 H 12 (Mr & Mrs Banks) and through re-routing of A7 Impact on services to property Compensation (although land not actually being acquired) Helen Foster 20

21 H 17 (Helen Foster) and through re-routing of A7 Compensation (although land not actually being acquired) Impact on services to property Noise H 65 (Mr & Mrs Paterson) and through re-routing of A7 Impact on services to property H 66 (Mr F Wood) and through re-routing of A7 Impact on services to property H 67 (David Cowan) Impact on services to property 64 H 89 (Dr & Mrs Alexander) to property Security issues Dr & Mrs Alexander 65 H 134 (Graham Muir) Graham Muir 21

GROUPINGS: 6 OCTOBER 2005

GROUPINGS: 6 OCTOBER 2005 ANNEX Objection groupings follow general route of railway (north to south): Eskbank, Dalhousie, Newtongrange, Gorebridge, Falahill, eriot, Fountainhall, Stow, Galashiels Group