Second update:
Well, my estimate was low. Here's what the lawyers have just told me,
verbatim:
"I would work to £1800 it could be an hour each with the barrister or it
could be 3 6 hours total. £1500 + VAT.
If you wanted to take action through the courts to stop this commencement
of engineering works (and we consider there are grounds to do so) you would
need to raise a lot more to get a case in court say £10,000 (no kidding) as
the lodging is £5000 and the injunction application and hearing can be at
least £5000. Once you lodge a case you also need to allow for adverse costs
which can be £5,000. That gets you. to £15,000 in a few days.
I think we need to focus on getting the Council to take action – did you
get a reply?"
That's a lot of money, even for advice. Personally, I am prepared to pay
more for advice, and everyone has been generous so I think we can cover
it. But we need to be prepared for the advice to say that grounds to go to
court might not translate to a high chance of winning. *Is everyone okay
with that?* The advice would be focused on pushing the council.
To that end, re the last question from the lawyer:
(1) Stephen Kelly has written again to NetworkRail to say that they need
Prior Approval, but he didn't mention enforcing it.
(2) On Tuesday on Dave's advice, we wrote to Stephen Kelly with a specific
request: "We ask that the Cambridge City Council enforces a pause on this
work at least until such time as the lawfulness of this development is
established.
(3) Today, as all saw, I also wrote to GTR and Spencer requesting them to
voluntarily pause because of the uncertain position that NetworkRail has
put them in.
Until anon, Sean
On Thu, Jul 9, 2020 at 8:59 AM Info Quashthetrainwash <
info@xxxxxxxxxxxxxxxxxxxxx> wrote:
G'day all,
On the basis of our prior legal advice and the response of the CCC, I have
sent the letter below to GTR and Spencer Group this morning asking them to
voluntarily suspend work. This marks our first written request to do so. it
has taken this long because of the wait on legal responses.
Our lawyers are willing to advise us on next steps, but that advice will,
of course, cost more money - perhaps up to £1000. Are we, as a community,
willing to seek further legal advice? Please let me know your thoughts by
COB today, preferably sooner. If at least 5 people say they are willing to
contribute a further £50 - £100, I will proceed with the authorisation.
Until anon, Sean
---
Dear Chris and Diane,
I am writing on behalf of the Great Eastern Street and wider Romsey
community to request that GTR and Spencer Group voluntarily suspend work on
the Cambridge rail depot sidings upgrade.
As I am sure has been brought to your attention by NetworkRail, the
Cambridge City Council is of the opinion that this work requires Prior
Approval. Stephen Kelly, Joint Director of the Planning and Economic
Development has written the following to the community:
"The Council have now had a response from Network Rail and have had an
opportunity to consider that response further. I have accordingly emailed
Network Rail today to advise them that in the opinion of the LPA, the works
to construct the train wash building require the Prior Approval of the LPA
by virtue of Class A of Part 18 of Schedule 2 of the Town and Country
Planning General Permitted Development Order."
This is especially pressing now because of the proposed "foundation" work
on July 11, 18, and 25, referred to the leaflet distributed to residents on
June 24. We have been informed by Alex Nix of the CCC (
Alex.Nix@xxxxxxxxxxxxxxxx) that this work will involve "piling" - a term
that was not mentioned in the leaflet.
We understand that "piling is a type of deep foundation, used to transfer
the load to a deeper level than is possible with a traditional shallow
foundation. Vertical columns of concrete, steel or wood, or a combination,
are driven deep into the ground to give extra support."
NetworkRail, GTR, Greater Anglia, and Spencer Group have not provided any
evaluation of the effect of piling on foundations in Great Eastern Street.
Foundation damage is possible unless a detailed and in depth structural
analysis has been done on the surrounding area.
NetworkRail has not sought Prior Approval. As such, any work currently
undertaken is at risk of damage claims on the basis of being ruled not just
unlawful but also aggravated due to being continued in the face of, at the
very least, legal uncertainty,and at most, a known overreach of
NetworkRail's authority.
As developers and contractors, GTR and Spencer Group, have a
responsibility to both their shareholders/beneficiaries and the Cambridge
community to suspend unlawful work, including enabling work, while this
issue is still under review.
GTR and Spencer Group have the opportunity to demonstrate that you are
"good neighbours", by suspending work voluntarily rather than by
enforcement. The community would consider this a show of good faith,
Given the urgency of the situation, we look forward to your response by
close of business Friday July 10.
Sincerely,
Sean Rintel, on behalf of the Great Eastern Street and wider Romsey
community
