Orders of the Day — Rail Freight Noise

Part of the debate – in the House of Commons at 10:58 pm on 28 April 1999.

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Photo of Glenda Jackson Glenda Jackson Parliamentary Under-Secretary (Department of Environment) 10:58, 28 April 1999

I congratulate the hon. Member for Altrincham and Sale, West (Mr. Brady) on securing this debate. Not only are the issues important to his constituents but, as he rightly said, they have a much wider importance. Constituency concerns, however, are always the main feature of these debates, whatever the hour of showing. My hon. Friend the Member for Weaver Vale (Mr. Hall) has been active on behalf of his constituents in attempting to secure a solution to this problem.

I am delighted to hear that the hon. Gentleman shares the Government's wish to encourage the movement of more freight by rail. It is a key part of our integrated transport strategy, and we have taken a number of initiatives in support of this policy. Indeed, after coming into office, we took immediate steps by improving the freight facilities grants scheme: cutting the red tape and doubling the grant spent in our first year.

Over the past two years, grants totalling £60 million have been awarded, and we have made it clear in our White Paper that more funds will be available over the next three years, if the demand is there.

At the national level, we shall also look to the Strategic Rail Authority to promote transport of freight by rail, establish rail freight targets and ensure that the network has sufficient capacity for freight as well as for the growth in passenger movements.

To establish the local context, we are in the process of revising our planning guidance to promote rail freight options, by introducing the expectation that local authorities will consider and protect opportunities for rail connections to industrial sites.

All that provides evidence of our long-term commitment to rail freight. We are delighted—as is the hon. Member for Altrincham and Sale, West—by the 12 per cent. growth in freight tonne kilometres on the railways during 1997-98, and by the continuation of that growth into the last financial year. We welcome its contribution to easing congestion on our roads, and the overall environmental benefits of less air pollution. Yet I appreciate that, for those who live close to a railway line, the noise from trains can affect the quality of everyday life. We may become accustomed to trains rumbling in the background during the day, but train movements during the night can be especially disruptive. Moreover, freight trains tend to operate during night hours, when the lines are not in use by passenger trains.

The statutory position is that householders affected by noise from new railway lines or where an existing railway is widened by laying additional track are entitled to noise compensation and amelioration measures. The same provision applies. However, there is no provision for compensation or abatement measures when use of a railway line intensifies.

Train operators and Railtrack are subject to the statutory nuisance provisions of the Environmental Protection Act 1990, which are in enforced by district councils. Under section 79 of that Act, it is the duty of district councils upon an occasion to inspect their areas to detect any statutory nuisances, and to take such steps as are reasonably practicable to investigate any complaint made by a local resident.

Section 80 of the 1990 Act provides for the serving of abatement notices where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur. Section 122 of the Railways Act 1993 provides the railway companies with some defence where they are working as a statutory authority, but it is not an open-ended defence. It would be up to the local authority to convince a court that the noise generated was greater than might be reasonably thought necessary in order for the companies to carry out their statutory functions.

Having set out the policy and legal framework, I turn to some of the specifics of the case to which the hon. Member for Altrincham and Sale, West has referred, which are particular to his constituency. I am advised that, in January 1998, for safety reasons, Brunner Mond had to replace the rail wagons that it was using to transport limestone from Buxton to Northwich. The company changed from four-axle to two-axle wagons. At the same time, the rail freight operator, English, Welsh and Scottish Railway, introduced a single class 60 locomotive in place of the two class 37 locomotives previously used on that service—thus reducing the locomotive weight by 85 tonnes.

As the hon. Gentleman has said tonight, since those rolling stock changes, complaints regarding noise and vibration have increased. Those complaints centre on the early morning full train and the apparent increase in noise from the two-axle wagons, which are more prone to vibration than the four-axle version. I understand that there have been discussions about the problems between Brunner Mond, EWS and Railtrack since early last year. The first solutions discussed were those of re-routing or re-timing the trains. However, the lack of an alternative route and the heavy use of the route by passenger services during daytime hours meant that those were not practicable solutions.

I understand that another possible solution, to replace the wagons, is now the favoured option. New wagons are part of a wider strategy of investment in the Brunner Mond rail operation, which will also involve improvement of the loading and unloading facilities at either end of the route.

The upgrading proposal is the subject of an application for freight facilities grant, which I know is supported by my hon. Friend the Member for Weaver Vale and which is currently being considered by officials in my Department's freight grant unit. I shall endeavour to keep both the hon. Gentleman and my hon. Friend advised of progress.

I understand that EWS and Railtrack have acted earnestly throughout: playing their part in assessing the size of the problem, engaging constructively in discussions about long-term solutions; and suggesting the short-term measures to improve the situation.

I also understand that Railtrack, following discussion with local authorities along the route, engaged an independent contractor to undertake a vibration survey inside a residential property in Hale, another point referred to by the hon. Gentleman. The property was selected on the basis of it being 10m from a section of jointed track, near a crossover and level crossing, in an area where trains accelerate and decelerate.

Although the incidences of freight trains passing during the 24-hour test period were said by residents to be typical, they indicated that there had been previous instances of greater vibration from the worst trains. However, Railtrack and its consultants concluded that the measured vibration levels were so low that even the worst trains were unlikely to have given rise to cosmetic building damage, although vibration, even at this low level, would be perceptible to residents. The local authorities have also undertaken such vibration monitoring and their conclusions were in line with those of Railtrack.

I understand that EWS has agreed to the placing of a four-axle wagon in the middle of the existing two-axle wagon formation to ascertain whether this might decrease the vibration between wagons and therefore reduce the noise and vibration overall. I am also advised that EWS has agreed to consider running a test service composed of wagons comparable to those which it is proposed to introduce next year. If the company proceeds with this service, vibration will be monitored along the route.

In conclusion, perhaps I should refer to the final option for the Brunner Mond traffic: that is to transport the limestone by road. I have no doubt that we can all agree that such a move, which would add 72,000 lorry movements each year to the already congested roads of the area and cause considerable more air and noise pollution, would be entirely undesirable. I hope, instead, that Brunner Mond, EWS and Railtrack can between them bring about interim measures and long-term solutions to reduce the nuisance caused to the hon. Gentleman's constituents and those of my hon. Friend the Member for Weaver Vale. I have little doubt that they will both continue to ensure that my Department addresses these issues.