Who takes the flak?

[AndrewSchofield]

My borther-in-law is a farmer and his land adjoins a railway line. Network rail (or whoever is in charge of the railway land now) have started doing some work on his land adjacent to the track as the line is at a higher level than his field and needs 'shoring up'. They've given him notice of the work and he's given them permission to access the location and to carry out the work on his land (he's receiving compensation for it). I understand that railway undertakers do not require planning permission for most works carried out on 'their operational land' but what does this mean? If my brother-in-law owns the land on which they're working, can this still be 'their operational land' or should they have planning consent for this. They have also created a new road across the field to access the site and have placed some site cabins and caravans in the field which I understand is OK, provided they remove them and restore the field to its former state when they've finished.

If they do require planning consent for the work they are doing, or don't return the field to its previous state on completition and the local authority find out and decide to take enforcement action, who will they take enforcement action against? Will it be the people who carried out the work, or as the owner of the land, and having given them permission to do the work, will my brother-in-law be who they take enforcement action against?

 

[big-all]

the railway doesnt need planning permission for any activity required for the safe normal opperation off the railway within railway property

planning is required if its for non railway related activities like building shops or houses on or over railway land

returning land to an agreed acceptable condition after emergency accsess i would have though would be automatic unless that was included in the compensation??
what does the paperwork say

 

[AndrewSchofield]

Thanks for the reply Big-All.

That's how I understood it - but given that it's not on land owned by the railway but by an independant land-owner, does this mean it falls outside the permitted development rules?

Not sure what the agreement over the road was - to be honest i've not mentioned it to my brother-in-law yet, just work up this morning and wondered if it might cause him problems and thought i'd try and check it out before worrying him unduly!! Its just that they've gone to the trouble of laying a tarmac road for a 7 week contract - seemed a bit permanent for such a short period? I'm sure they'll be removing the site cabins and caravans etc... once complete - its just the road that I wondered about? Will check with the B-I-L about what they've agreed.

 

[jeds]

The railways have a standard agreement for this situation which includes an insurance indemnity for landowners. They should have sent this to your brother-in-law before works started. The indemnity would protect him from any costs arising.

 

[AndrewSchofield]

Thanks Jeds, i'll check with him that he's seen and got that in place!

 

[Static]

Might also wanna check his deeds for any easements the railways have over the land.. he may find they have a 20m easement..