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Driver gets cross with Network Rail over Onibury level crossing
Wednesday 13th October 2010, 10:00AM BST.
It is a quaint railway crossing near a village in the heart of the south Shropshire countryside which doesn’t look like it would cause much trouble.
But a dispute has broken out between a local resident and rail operator Network Rail which could see the level crossing on the A49 at Onibury, near Craven Arms, closed for up to six months.
Steve Byrne, who lives right next to the crossing, has launched a protest against work to put in a new signal post, which he says has restricted access to his driveway.
He parked a vintage lorry over the base for the post in an attempt to stop the work going ahead.
But Network Rail then moved the vehicle which Mr Byrne claims caused damage which he says would cost thousands of pounds to repair.
Network Rail today said it moved the vehicle with care and wanted to resolve the situation amicably but it warned that, if its work continues to be prevented, the crossing could be closed for six months.
Mr Byrne, who is in an ongoing legal dispute with the rail company, claims the organisation moved the truck illegally and he claims they might have damaged it to the tune of £15,000.
He said he was away at the time, but was alerted by neighbours that the truck was being moved.
He said: “We’ve had to come back pretty quickly. We had a phone call to say they were illegally moving it.
“They brought in a crane and have caused quite a lot of damage to the vehicle.
“I’ve rung the police and they’ve told me they are not going to do anything because it’s a civil wrong.”
Mavis Choong, a spokeswoman for Network Rail, said: “We had to slew Mr Byrne’s lorry slightly on the weekend to enable the work to proceed and this was done with extra care and within legal rights.
“However, if Mr Byrne continues to deliberately prevent the work, the crossing may have to be shut for six months or longer, potentially causing severe disruptions to users.
“We remain keen to resolve this amicably and we welcome any opportunities to discuss the situation further with Mr Byrne.”
She added: “We have made several alterations to our plans according to Mr Byrne’s requests but we are unable to relocate the lights as it has to adhere to safety standards set by the Office of Rail Regulation.
“Network Rail claims ‘prescriptive rights’ – which basically means that we don’t own the land but we can have access over it.
“In addition, the railway has had level crossing equipment situated on the land for many years. Mr Byrne will also be able to access this land if it is proven that he has the same rights.”
By Hannah Costigan
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I’m all for people defending their property, but why is Mr Byrne buying a house next to a busy level crossing and thinking his property is more important than other peoples safety.
If you choose to live there and don’t like what Network Rail are doing, then move and park your vintage lorry where it won’t get damaged. I’m sure Network rail may have a suggestion where to put it.
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Hmmmmmmmmmm–do I detect the smell of the C word
here, compensation?.
A bit like buying a house next to a glue factory then moaning about the smell.
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Mr Byrne get a grip!
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Mike: By the same token, can Network Rail choose to erect the post in a location that won’t hinder access to his driveway?
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I sincerly hope they could. Although it does appear that the post placement is a national guideline where it needs to be located. I don’t think they would spend all this time, effort and money if it didn’t have to be done. Would I argue if it was my property?, most certainly, but then I’d never buy a house where a company has to have prescriptive rights. The ‘swank’ factor is great until occasions like this.
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As I understand it – if the new post for the crossing light had been positioned in the same place as the old one, there would be no dispute. The new post has been moved to the left, thus making his driveway narrower. With access restricted, what was already a difficult property to exit, is now more difficult and more dangerous.
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Moving or interfering with the mechanism of a motor vehicle is a criminal offence.
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Not when you have lawful authority to do so. I suspect that somewhere deep in the deeds ( the premises being ex-railway owned) with be all sorts of codicils allowing them to do whatever they like.
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I’m With Steve, I would not be very happy if they put that there if i owned the house it does restrict his drive way and id sue if they touched or moved my car that was parked on my property !!!
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a bit naff putting a valuable vintage vehicle there he has no more brains than br
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I think it was very smart – if he can get £15000 its a lot more than the £1500 the gov was offering as scrappage! Very clever calling it a ‘vintage’ lorry.
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The office of rail regulation state where Lineside equipment has to go in accordance with a set standard to ensure uniformity and safety for both passengers, track workers and road users who have to cross the track at road level and if this means equipment has to be moved due to revised safety and regulations then so be it as Mr Byrne is fully aware of the line, Saying this Network rail could meet Mr Byre halfway in restoring access to his property thus ensuring all parties are satisfied
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i drove over the crossing a few days ago,returning to devon. the owner is not trespassing merely protecting his land. lovely foden and the smell of compo in the air? there is a well known expression from viz. “get orf my land” personally i would not hace used an old foden, but something a little more modern like a thorneycroft mighty antar tank transporter. floreat onibury floreat shropshire
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Caps lock broken?
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Smacks of the old song ‘The railroad runs through the middle of the house because the company bought the line!’
I don’t blame him for standing up to them.
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