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Author Topic: Chiltern Evergreen 3 project - ongoing discussion  (Read 353266 times)
ChrisB
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« Reply #135 on: January 26, 2013, 19:09:46 »

Modsw - can wesplit thissection away into another thread - wehave somwhat got away from the topic!

Chiltern said yesterday that they have asked the judge to expedite his decision, and they should find out if he has granted this request within a fortnight. If so, they should get a decision before the end of March, which is the point at which any further delay will also delay the route opening by Chiltern from the 2015 target date.

Since EWR got the ok, the blockade has now gone from 9-12 months to a 122-18 month blockade. They are not finalising the work programme until the judicial review is sorted. A meeting the stakeholders over arrangements for the blockade should hopefully be held in March.
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Chris from Nailsea
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« Reply #136 on: January 26, 2013, 20:43:59 »

Modsw - can wesplit thissection away into another thread - wehave somwhat got away from the topic!

I think I got your meaning, ChrisB, so I have indeed split off quite a few posts from this topic and put them in a new topic, at http://www.firstgreatwestern.info/coffeeshop/index.php?topic=11922.0  Smiley
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ChrisB
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« Reply #137 on: February 14, 2013, 17:03:29 »

Seems as though the protester was mis-identified. Apologies for repeating the rror here.

More can be found here, including the news if you read carefully that the request to spededily determine the judicial review appears to have been granted, and a decision is due in a couple of weeks. If so, line will be closed, according to Chiltern, from the May timetable change date.

Oxford Mail

Quote

A CAMPAIGNER is making a last-ditch legal challenge over Chiltern Railways^200m plan to link Oxford and London via Bicester.
 
Sean Feeney has been named in High Court papers as the sole objector to the project.

Mr Feeney, who lives in Summertown, Oxford, has launched his legal bid against the Department for Transport, Chiltern Railways and Natural England, listed as interested parties.

It is understood the challenge is based on the ^process^ the DfT» (Department for Transport - about) followed to grant the rail operator a Transport Works Order, allowing it to implement the scheme.

Chiltern wants to double the track between Oxford and Bicester and build a new link to the main line between Bicester and London Marylebone, which will offer Oxford commuters an alternative route into London and a new link to High Wycombe.

Mr Feeney is no stranger to legal challenges. In 2011 he campaigned to block Oxford City Council^s core strategy, the masterplan for the city^s future development, but his legal action was rejected by a judge.

At the time, Mr Feeney was on incapacity benefit, due to chronic repetitive strain injury and back pain.

Despite having no legal training, the former Pergamon Press worker prepared his own case and represented himself.

When Mr Feeney was asked yesterday if he planned to do the same for his legal challenge to the rail project, he said: ^m not going to comment to the Oxford Mail at this time.^

He also declined to comment on whether or not he was receiving Legal Aid to fund his latest action.

At the public inquiry into Chiltern^s project in January 2011, Mr Feeney, then 45, won an apology from the company after it referred to him as ^some dude^ when it listed online the evidence he had submitted.



Related links
 ^Rail firm apologies to Sean Feeney over 'dude' comment
^Sean's Feeney's objects to city plans rejected
^Oxford
 

 
 
Chiltern said last month that it hoped engineering work on the line could start in April or May and it could open by Easter 2015, if the legal challenge was resolved.

The firm said it had taken legal advice and had been advised Mr Feeney^s challenge would fail.

Because of the significance of the project, and the East West rail link, which will share the line between Oxford and Bicester from 2017, the Government has applied to the High Court to speed up a hearing of the case.

It confirmed the hearing was expected to take place next month.

A DfT spokesman said: ^We haven^t been notified of a date but we expect it to be some time next month.

^We will be contesting the claim.^

Chiltern Railways said it was unable to comment on the legal challenge, as it had been made against the Government.

But spokesman Emma Gascoigne added: ^We are very much looking forward to delivering direct trains between Oxford and London Marylebone.^
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IndustryInsider
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« Reply #138 on: February 15, 2013, 10:34:31 »

Thanks for that, Chris.  Hopefully they'll get over this final hurdle and get the the work started in May - just shows what one stubborn 'dude' who's probably on legal aid can do to spoil things for everyone.
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ChrisB
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« Reply #139 on: February 15, 2013, 10:51:43 »

Pretty certain he's being funded by the road lobby....
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JayMac
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« Reply #140 on: February 15, 2013, 11:18:38 »

If he's receiving such funding then he may well be in breach of the income rules for claiming state benefits.
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ChrisB
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« Reply #141 on: February 15, 2013, 11:19:46 »

Not if they pay the bill directly....
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JayMac
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« Reply #142 on: February 15, 2013, 11:28:27 »

By saying, "pretty certain" ChrisB, I assume you have some evidence that Mr Feeney's legal bills are being picked up by the road lobby? if not, I think it best to make that clear.

It could be a dangerous accusation to make if it's baseless.

Also, who would be this 'road lobby'?



 
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"Build a man a fire and he'll be warm for the rest of the day. Set a man on fire and he'll be warm for the rest of his life."

- Sir Terry Pratchett.
ChrisB
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« Reply #143 on: February 15, 2013, 11:32:43 »

Which is why I'm happy with the statement. Undefined, it gives an idea of who may be behind the law sui, without requiring further details which may well be sub-judice.

Mods. If you're not happy, fine to do what you want.
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81F
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« Reply #144 on: February 22, 2013, 20:24:37 »

The chairman of the Oxford--Bicester Rail Action Group has told the Oxford Times of his concern that there is no timetable for the works to upgrade the existing route. He seems to think that it will now take much longer as part of a global project than it would if done as a purely local initiative.

http://www.oxfordtimes.co.uk/news/10244869.Commuter_outrage_at__lack_of_plan__for_rail_upgrade/?ref=erec
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ChrisB
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« Reply #145 on: February 22, 2013, 20:28:57 »

Ian East is correct.

It's gone from being a 9-12 month line closure to a 18-24 month line closure!
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« Reply #146 on: February 23, 2013, 11:32:49 »

My guess the delay in publishing the plans revolves around the having to wait for JR to conclude, NR» (Network Rail - home page) or Chiltern would not want  prejudice the JR by just steam rolling ahead by publishing a plan, which could get altered / delayed by the JR.

From the IET (Intercity Express Train) event back in Nov 12 Chiltern could just agree to having the work done to suit their planned service which would only result in disruption when EW Rail project starts, they did say they were working with NR to reduce the line closure to a minimum.

I know its painful for the local supports of the line many of them fought to get the service back and then enhanced to see the line shut however the end result will leave them with a train service the could never have dreamt of in their wildest dreams; NR is perhaps lacking in not consulting more but the project team is possibly not fully staffed as yet.
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JayMac
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« Reply #147 on: February 23, 2013, 11:59:12 »

JR - Judicial Review.
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TonyK
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« Reply #148 on: February 23, 2013, 20:44:47 »

If he's receiving such funding then he may well be in breach of the income rules for claiming state benefits.

I have a certain expertise. Incapacity Benefit is not income based, except for some pensions, and would not be affected, unless it gave rise to doubt about incapacity for work. Receipt of Incapacity Benefit does not give automatic entitlement to Legal Aid.

Not if they pay the bill directly....

In this case, income related benefits such as Income Support or Employment and Support Allowance would be unaffected too.


It could be a dangerous accusation to make if it's baseless.


I wouldn't worry too much, BNM. Legal Aid isn't available for defamation cases.
« Last Edit: February 23, 2013, 21:17:35 by Four Track, Now! » Logged

Now, please!
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« Reply #149 on: February 24, 2013, 10:45:53 »

I wouldn't worry too much, BNM. Legal Aid isn't available for defamation cases.

Are you sure about that?

http://www.guardian.co.uk/uk/2005/feb/15/foodanddrink
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