Published: Wednesday, 27th January, 2010 10:27am
No joy for rail row residents
by Jamie MacDonald 
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THE vast majority of claims by homeowners near the Stirling-Alloa-Kincardine railway that their properties had lost value have been rejected.
A total of 57 compensation requests have been booted out by Network Rail after it was decided the bulk of claimants should have known the route would be reactivated. It has been found, however, that a further nine houses may be eligible for some form of compensation.
The 13-mile stretch of line was officially reopened in May 2008 and in December of that year freight trains began running through the night on their way to Longannet Power Station.
Since then, those living nearby have complained of sleepless nights and vibrating walls as the heavy trains laden with coal rumble by.
The decision to reject the claims comes after legal advice that the line was part of Clackmannanshire and Stirling Council's local area plan and considered active for years before it was re-opened.
Dr Richard Simpson, the MSP for Mid Scotland and Fife, told the Advertiser, "I am, frankly, quite shocked that only nine compensation claims are being accepted whilst the majority are being rejected on technical grounds.
"This does not alter the fact that Transport Scotland misled my constituents into thinking there would be no night running of the trains."
Dr Simpson added that an impact study commissioned by Clackmannanshire Council stated 18 times there would be no night running of trains.
He went on, "I think the people have been let down very badly by the Scottish Government and Transport Scotland and in light of this, these individuals should be offered compensation."
Train operator DB Shenker insist the line has to be available for use 24 hours a day to make the operation viable.
A spokesman for Network Rail said they had been administering the compensation claims on behalf of Clackmannanshire Council and Network Rail.
He added, "Our position is simple, the railway is open 24/7. A lot of freight trains go through the night when there is no passenger service running."
The Network Rail spokesman also suggested that lawyers, conveyancers or estate agents should have made their clients aware of the possibility of trains operating along the line.
Anne Massie bought her home in Clackmannan in January 2008 and says she has not slept properly since the freight trains began their nightly operation.
She continued, "We knew there would be trains during the day but at no point were we told about night trains."
Many of the local homeowners are now considering taking legal action against those responsible for the line in an effort to secure compensation but Anne said she was only interested in stopping the nightly running of the trains.
Clackmannanshire Council's portfolio holder for sustainability, Councillor Eddie Carrick. said, "Clackmannanshire Council understands that some claims for compensation have been rejected by Network Rail because the intention to bring the line back into use was publicly known when owners bought the properties.
"Indeed, some sections of line have always been considered in use. However, the Council was not made aware of any proposal to run trains through the night until shortly before the operator began this practice last year.
"Since then, we have been involved in discussion to reduce the noise and frequency of night time trains.
"We have been reassured that the freight operator is taking steps to reduce noise levels of night trains."
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sickofitall
(Unregistered User)
Jan 27 10 13:29
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Buy a house next to a sewage farm and you expect a smell, near a school, you expect children, so why are these people complaining?
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Hazelkaye
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Jan 27 10 17:51
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The railway was there (and its long-proposed reuse for HEAVY FREIGHT, equally well known) LONG BEFORE any of these houses were ludicrously built 'cheek by jowl' with it!
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Hazelkaye
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Jan 27 10 18:02
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PS In fact, some of the houses/flats built at Causewayhead (Stirling) are SO CLOSE to the railway that there is barely room between them and the railway boundary fence, so the appropriate term "N.I.M.B.Y" (Not In My Back Yard) can't really apply, although it should, AS THEY'RE ISN'T ANY BACK YARD (more like just inches) to speak of!
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Hazelkaye
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Jan 27 10 18:13
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PPS "AS THERE ISN'T ANY BACK YARD IN THEIR BACK YARD" is what I meant to say!
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Anonymouse
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Jan 27 10 19:39
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Why are they surprised that their houses shake and there's noise from trains when their house is right next to a railway line?
The fact is, the railway is not their property - it's Network Rail's and as such, they can do what they want with it.
If that means re-open it, or allow trains to run at night to help keep our lights on - then so be it!
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sickofitall
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Jan 28 10 15:14
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Would these same people, if the trains were stopped, be the first to complain if there were power cuts and they couldn\'t see their corrie and eastenders?
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bawbag
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Jan 30 10 10:28
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Aw -its a shame. I love trains an ah would get up in the night to look at them.
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jake
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Jan 31 10 12:08
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The people moaning seen plans of where there houses were being built and some bought the houses after viewing.They must have seen a railway line.If you see an airport you expect planes. Stop moaning and acting like snobs.Some of you forget where you came from.....yes it's you i,m on about.
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Train Spotter
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Jan 31 10 14:15
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There are hotels in Japan that actually market themselves as having a 'train view' due to their close proximity to the railway. As a keen train spotter myself I wish I could afford one of these great houses that residents are moaning about.
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Scundered
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Feb 2 10 13:46
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If ye buy a home next tae a railway when it's nae secret that it's gonnae open, then whit are ye moaning about? It was always the plan to run night trains. Better watch out or it'll be wind turbines on yer back green next. Help ma boab.
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Hazelkaye
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Feb 2 10 15:29
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OR several mammoth (Beauly to Denny) electricity pylons!!
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OmG
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Feb 4 10 08:33
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I see that famous doyen of all things anti-railway is on to the case. Tom Adam has compiled another chapter in one of his literary tome's on why the Wee County / Council are a bunch of rotters for supporting the rail link.
Mr Adam, in case you haven't heard, the rail link has been an undisputed success story, and despite the miniscule minority of greetin faces like yourself who -lets face it- should have had more sense if they didn't want trains running at the back/front of their properties, to have considered more carefully their choice of purchase.
Stoap yer greetin man ... live wi it ... or move!!!
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Jimmy Neebur
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Feb 9 10 02:00
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Ah maself stay very close tae the rail link and ah canny say it really bothers me. In fact, ma bairns absolutely love the trains whizzin past at aw hours cause they think it's yon Tommy the Tank Engine. Am a pretty light sleeper an a can't remember ever been woken up by the trains at night, whereas the wee lad doon the road fae me is mare of a noise menace wae a big muckle exhaust on his souped up motor.
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