Network Rail Property and the Limit of Deviation for the Borders Railway at Westfield Bank Eskbank - Freedom of information requests
Title or Description
Network Rail Property and the Limit of Deviation for the Borders Railway at Westfield Bank Eskbank
FOI Number
153
Date Received
05/02/2022
Type of Request
EIR
Request or Question
Q1. Sheet Number 8 of the Parliamentary Drawings (Plans) for the Waverley Railway shows the Limit of Deviation for the Railway as it passes Westfield Bank. Was the Limit of Deviation subsequently widened in this area? If so when and by what legal authority and process?Q2. Did the LoD as defined in the Parliamentary Plans include any part of the Plots on which stood Nos 5 and 6 Westfield Bank, or the roadway of Westfield Bank?Q3. If the LoD was amended from that shown in the referenced Parliamentary Plan as put to The Bill Committee in about 2003, what document defines the new LoD?Q4. What were the reasons for any such change? (Noting that the LoD might not have been changed)
On 16 January 2006 the Bill Committee suggested Network Rail acquire Nos 5 and 6 Westfield Bank by Voluntary Purchase, and this eventually occurred. It also emerged that SBC (Bruce Rutherford) and the Scottish Executive had Voluntary Purchase under discussion for some two years at that stage.
Q5. I request copies of correspondence internal to SBC or with the Scottish Executive or with Network Rail or its agents including The Railway Project that gives the reasons for SBC’s acquisition of Nos 5 and 6. I particularly request documents and correspondence that discusses any need to widen the LoD to accommodate the Railway, or a possible need to erect the Noise Barrier outside the LoD as then defined on the Parliamentary Plans.
Title MID 120952 shows that Network Rail owns the roadway of Westfield Bank as well as the Plots on which stood Nos 5 and 6 (demolished in December 2013 to make way for the Railway). You have already advised that this roadway was transferred to Network Rail on 6th November 2012.
Q6. What were the reasons for SBC’s acquisition of the roadway, when, and from whom? I request documents and correspondence that gives the reasons.
The Waverley Railway Act prohibits ‘railway works’ outside the Limit of Deviation. This is stated in the 'Waverley Railway (Scotland) Bill - Explanatory Notes (And Other Accompanying Documents)’. I quote Para 33 :- ;The Parliamentary Plans show the centre lines of the works and also show the limits of deviation around those centre lines. Section 2 specifically states that the railway works are situated within the limits of deviation. The Bill will not accordingly permit the construction of those works outside these lateral limits.’ The Noise Barrier is indisputably a ‘railway work’. Careful measurements beside Westfield Bank indicate that it is some 1.5m outside the LoD as given by the Parliamentary Plans Sheet 8.
Q7. If the LoD is as given by the Parliamentary Plans, is SBC aware of lawful approval superior to the Act to erect the Noise Barrier outside the LoD? If so what is the form of that approval and when was it given? I request copies of the documents that sough and gave approval.
Response
Unfortunately Scottish Borders Council does not hold the information you have requested and therefore we give notice under 10(4)(a) of EI(S)R 2004. The request refers to properties in Eskbank. This is out with Scottish Borders Council’s administrative area and should be directed to Midlothian Council.
