Dear Mr Howell,
Thank you for your emails and apologies for the delay in my response, it has
been a busy week following the reopening of licensed premises.
I am not in support of the railway, I can only explain the situation, as it
exists and the legislative framework that we are operating in, but am working
toward finding the best way forward. There are good reasons why the assessment
of noise under the Environmental Protection Act is a subjective judgement one,
however it does always make it difficult to define what is reasonable in
prescriptive terms. This is because each case is considered on its merits with
respect to the circumstances and context as well as the nature of the noise
concerned.
Working outside of normal working hours is usually very costly for the
contractors, especially over Christmas, so tends to avoided where possible. In
this case Christmas is the only time the contractors can take possession of the
track for a sustained period of time when the rail network is not operating and
overhead power lines have been powered off in order to undertake electrical and
signalling work.
We would therefore need to evidence that the contractors could realistically
undertake this work at other times. This would require possession orders and
would have to set against the fact it may cause significant disruption to the
rail network and may also risk delaying the project and therefore increasing
disruption.
With respect to noise we would need to have evidence that the contractors were
causing noise unnecessarily and were not employing Best Practicable Means (BPM)
to minimise disruption before we could take further formal action in nuisance
terms. It is for this reason that I have requested further details on the
programme of what including timing and BPM.
Finally, I understand that this situation is far from ideal especially given
the sensitivity of this project and your proximity to it. However please let me
assure you, for what it is worth, that we have worked to minimise disruption
where possible.
Best regards,
Alexander Nix
From: P. M. R. Howell <pmh1000@xxxxxxxxx>
Sent: 03 December 2020 21:25
To: Alex Nix <Alex.Nix@xxxxxxxxxxxxxxxx>; Elizabeth Mozzillo-Howell
<emmh@xxxxxxxxxxxx>; cambtrainwash@xxxxxxxxxxxxx
Cc: Commercial Team of Environmental Health <Commercial@xxxxxxxxxxxxxxxx>;
Stephen Kelly <Stephen.Kelly@xxxxxxxxxxxxxxxx>; Daniel Zeichner MP
<Daniel@xxxxxxxxxxxxxxxxxxxx>
Subject: Re: [cambtrainwash] Christmas works at Cambridge railway depot
Dear Alex,
Please can we have a response from you? I don't think it's unreasonable to ask
what you consider unreasonable.
Yours,
Philip Howell
From: P. M. R. Howell <pmh1000@xxxxxxxxx<mailto:pmh1000@xxxxxxxxx>>
Date: Wednesday, 2 December 2020 at 19:26
To: Alex Nix <Alex.Nix@xxxxxxxxxxxxxxxx<mailto:Alex.Nix@xxxxxxxxxxxxxxxx>>,
Elizabeth Mozzillo-Howell <emmh@xxxxxxxxxxxx<mailto:emmh@xxxxxxxxxxxx>>,
cambtrainwash@xxxxxxxxxxxxx<mailto:cambtrainwash@xxxxxxxxxxxxx>
<cambtrainwash@xxxxxxxxxxxxx<mailto:cambtrainwash@xxxxxxxxxxxxx>>
Cc: Commercial Team of Environmental Health
<Commercial@xxxxxxxxxxxxxxxx<mailto:Commercial@xxxxxxxxxxxxxxxx>>, Stephen
Kelly <Stephen.Kelly@xxxxxxxxxxxxxxxx<mailto:Stephen.Kelly@xxxxxxxxxxxxxxxx>>,
Daniel Zeichner MP
<Daniel@xxxxxxxxxxxxxxxxxxxx<mailto:Daniel@xxxxxxxxxxxxxxxxxxxx>>
Subject: Re: [cambtrainwash] Christmas works at Cambridge railway depot
Dear Alex,
Can you tell us (a) what you will need to be unsatisfied with the proposed
work? (b) what for you constitutes unacceptably noisy work, and (c)
unacceptable efforts at mitigation? Finally, what you will do if you are not
satisfied?
We are in your hands. You say you will seek reassurances, but if we don't know
what your standard of acceptable noise is, and what you propose to do if the
work does not meet it, your own assurances do not count for anything.
It is of course true that engineering work routinely takes place in this
period, but most of this work is not in the immediate vicinity of residences.
You have already stated your support for the railway's argument that this can
only be done now, so I suspect you will do nothing at all.
Yours,
Philip Howell
From: Alex Nix <Alex.Nix@xxxxxxxxxxxxxxxx<mailto:Alex.Nix@xxxxxxxxxxxxxxxx>>
Date: Wednesday, 2 December 2020 at 18:51
To: Elizabeth Mozzillo-Howell <emmh@xxxxxxxxxxxx<mailto:emmh@xxxxxxxxxxxx>>,
cambtrainwash@xxxxxxxxxxxxx<mailto:cambtrainwash@xxxxxxxxxxxxx>
<cambtrainwash@xxxxxxxxxxxxx<mailto:cambtrainwash@xxxxxxxxxxxxx>>, P. M. R.
Howell <pmh1000@xxxxxxxxx<mailto:pmh1000@xxxxxxxxx>>
Cc: Commercial Team of Environmental Health
<Commercial@xxxxxxxxxxxxxxxx<mailto:Commercial@xxxxxxxxxxxxxxxx>>, Stephen
Kelly <Stephen.Kelly@xxxxxxxxxxxxxxxx<mailto:Stephen.Kelly@xxxxxxxxxxxxxxxx>>,
Daniel Zeichner MP
<Daniel@xxxxxxxxxxxxxxxxxxxx<mailto:Daniel@xxxxxxxxxxxxxxxxxxxx>>
Subject: RE: [cambtrainwash] Christmas works at Cambridge railway depot
Dear Mr Howell & Mozzillo-Howell,
Thank you for your emails.
I understand your concerns particularly after what has been a challenging year
for us all, however the work planned to take place over Christmas is work that
can only take place when the rail network is not operating, this includes
signalling and electrical work, and is the only time the contractors can take
possession of the track. It is not unusual for such work to be undertaken on
the rail network over holiday periods but I am well aware of the sensitivities
surrounding the ongoing work at this site.
I have therefore requested further information about the nature of the work
that is planned to take place and sought assurances that the noisiest work will
only take place at the least sensitive times and that proper mitigation
measures will be put in place. I will update you and other residents further in
due course once I have that information.
Best regards,
Alexander Nix
From: Elizabeth Mozzillo-Howell <emmh@xxxxxxxxxxxx<mailto:emmh@xxxxxxxxxxxx>>
Sent: 02 December 2020 11:57
To: cambtrainwash@xxxxxxxxxxxxx<mailto:cambtrainwash@xxxxxxxxxxxxx>
Cc: Alex Nix <Alex.Nix@xxxxxxxxxxxxxxxx<mailto:Alex.Nix@xxxxxxxxxxxxxxxx>>;
Commercial Team of Environmental Health
<Commercial@xxxxxxxxxxxxxxxx<mailto:Commercial@xxxxxxxxxxxxxxxx>>; Stephen
Kelly <Stephen.Kelly@xxxxxxxxxxxxxxxx<mailto:Stephen.Kelly@xxxxxxxxxxxxxxxx>>;
Daniel Zeichner MP
<Daniel@xxxxxxxxxxxxxxxxxxxx<mailto:Daniel@xxxxxxxxxxxxxxxxxxxx>>
Subject: Re: [cambtrainwash] Christmas works at Cambridge railway depot
Dear Alex,
I would also like to add to Solveig's complaint. It's not at all acceptable
that Spencer Group will be working over the Christmas period. They give no real
detail as to the nature of the noise and levels. All of the works listed are
bound to have some sort of piling or hammering into the ground.
Can you please request that GTR/Spencer not work over the Christmas period? Or
at least may we have clarification on the nature of the noise and noise levels?
It's outrageous and irresponsible that GTR and Spencer are allowed to throw
this at the residents of Great Eastern Street, when we will be in Tier 2 and
unable to escape our houses to stay with relatives.
Thank you.
Regards,
Elizabeth
On 2 Dec 2020, at 07:57, "solveigburf"
<dmarc-noreply@xxxxxxxxxxxxx<mailto:dmarc-noreply@xxxxxxxxxxxxx>> (Redacted
sender "solveigburf" for DMARC) wrote:
Dear Alex
I am writing to complain about a notice we just had regarding work on the
trainwash site. The note states that there will be continuous 24/7 work going
on over the entire Christmas period. We've been struggling with the noise all
through our working days and now we get told it's likely going to be even worse
during the Christmas period. Is there anything that can be done to ask Spencer
to at least not work continuously over that period?
Many thanks.
Kind regards
Solveig
Sent from my Galaxy
<20201202_075150.jpg>
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