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  • Network Rail On Abbeyhill

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    Kezia Dugdale MSP
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    NetworkRail responds to concerns raised in a letter about bird droppings and visibility issues at Abbeyhill railway bridge. For the bird droppings, NetworkRail clarifies that responsibility lies with the local authority, not with NetworkRail, as established by a previous court case. NetworkRail offers to facilitate access to install preventative measures if the local authority wishes. Regarding visibility issues at the nearby road junction, NetworkRail also states that responsibility rests with the local authority as the road is a public highway under the authority's control. NetworkRail is willing to assist the local authority by providing contact with its structures team if needed.

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    Network Rail on Abbeyhill

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    NetworkRail responds to concerns raised in a letter about bird droppings and visibility issues at Abbeyhill railway bridge. For the bird droppings, NetworkRail clarifies that responsibility lies with the local authority, not with NetworkRail, as established by a previous court case. NetworkRail offers to facilitate access to install preventative measures if the local authority wishes. Regarding visibility issues at the nearby road junction, NetworkRail also states that responsibility rests with the local authority as the road is a public highway under the authority's control. NetworkRail is willing to assist the local authority by providing contact with its structures team if needed.

    Copyright:

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    48 views2 pages

    Network Rail On Abbeyhill

    Uploaded by

    Kezia Dugdale MSP
    NetworkRail responds to concerns raised in a letter about bird droppings and visibility issues at Abbeyhill railway bridge. For the bird droppings, NetworkRail clarifies that responsibility lies with the local authority, not with NetworkRail, as established by a previous court case. NetworkRail offers to facilitate access to install preventative measures if the local authority wishes. Regarding visibility issues at the nearby road junction, NetworkRail also states that responsibility rests with the local authority as the road is a public highway under the authority's control. NetworkRail is willing to assist the local authority by providing contact with its structures team if needed.

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    of 2

    NetworkRail

    Kezia Dugdale MSP Scottish Parliament Edinburgh EH991SP

    Buchanan House 58 Port Dundas Road Glasgow G40lQ Tel: 0141 5554106

    27 June 2011 Ref: 2862340 Dear Kezia Thank you for your letter of 7 June regarding Abbeyhill railway bridge and concerns from constituents over bird droppings and also over line of site issues at the road junction. Firstly, the well established and clear position on bird droppings is that responsibility for droppings from birds or any other wild animal rests with the local authority. Network Rail has no common law or statutory responsibility and in October 1995, the ruling in the Railtrack PlC v Strathclyde Regional Council case confirmed that Railtrack was not responsible for droppings from wild birds, over which Railtrack had no control, and the management of any nuisance is the responsibility of the local Authority, and in this instance I have to refer you to your local council in order to further your enquiry. What I can say is that we are happy to facilitate access to the structure to allow appropriate preventative measures to be installed if the Council felt that was appropriate; we have on various occasions granted local Authorities agreements that may involve the attachment and maintenance of netting or other devices to Network Rail owned structures. With regard to concerns over visibility for motorists at the road junction, this also would fall to the local authority. Our information indicates the road under the bridge is an adopted public highway and responsibility for management of traffic would rest with the council. Again, if an attachment to the structure was considered to be a solution to the problems our structures team would be the best first point of contact for local authority officers. I am sorry that I cannot provide a more positive response but I do hope I have helped clarify the position. If you do require any further information please do not hesitate to get in touch on 0141 5554101 or at john.duncan@networkrail.co.uk

    John Duncan Public Affairs Manager

    Network Rallinfrostructure

    Umlted

    Registered Office: Kings Place, 90 York Way. london Nl 9AG

    Registered In England and Wales No. 2904587

    www.networkroll.co.uk

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