| Subject:Network Rail and GPDO part 17 |
| From: Roger Lovejoy |
| Date: Fri, 11 Mar 2011 16:52:20 +0000 |
| To: eric.pickles@communities.gsi.gov.uk, Peter.Phillips@cornwall.gov.uk |
Dear Secretary of State
I am concerned that Network Rail are applying Part 17 of the GPDO to
assume you have granted them planning permission for the erection of
masts of any height.
"Permitted development
A. Development by railway undertakers on their operational land, required in connection with the movement of traffic by rail."
I believe this is an abuse and they should be applying under Part 24.
Appended is a copy of an email I have sent to Cornwall Council, asking them to issue an Article 4 notice to stop such use of Part 17. I understand that as they exploit the benefits of a Statutory Undertaker, your approval will be necessary.
I will leave you to read my email to the Council, but would like to add: that if Network Rail think they can use Part 17 to do anything, this is clearly a loophole that needs urgent closing. For instance, although Telecommunications Permitted Development is laid out in Part 24 there is nothing stopping Network Rail erecting wind turbines of any description and height, on the basis that the electricity is 'required in connection with the movement of traffic by rail.
The argument as to whether communications between offices and customers or general electricity generation falls under 'connection with the movement of traffic by rail' is a fine matter, but one that is also relevant.
I hope you are favourable to my arguments and await your reply.
Yours sincerely
Roger Lovejoy
CC to Cornwall Council