Hello I was wondering if anyone has any experience with Network Rails asset protection team?
I have a house with a large garden, too large for me to cope with if I am honest. I am pretty certain that I'd get planning permission to self build on one half the garden, so i could sell the original house and be mortgage free.
The problem I have. is Network Rail. A significant railway tunnel runs 150m under my garden, which isnt a directly a problem. But there is 150 year old airshaft for the tunnel adjacent to my garden, air is forced through the tunnel as trains piston through it. My town has 15 such airvents, and many of them have buildings erected adjacent to them, in all cases the buildings were erected after the tunnels, but they were all done decades ago under different planning/building rules. I
The network Rail asset protection team, have stated that they will object to any building that is proposed within 15m of the tunnel, which makes building a non starter. I've pointed out how this is inconsistent with plenty of properties, but they are saying "our engineer has guidance that you need to be 15 m away from the tunnel" This rule seems arbitrary and made up. as in one case there is a building just 3 m away from the tunnel. and within 5m of the tunnel is a significant road that gts busses, dustcarts and lorries thundering up and down.
Can anyone suggest a route to challenging Network Rail on this point?
There is a complexity with the deeds of my property, that ensures that I really need Network Rail to be willing participants, I probably couldn't proceed if I forced planning permission through. any thoughts welcome, I am loath to spend professional fees on planning consultants/engineers without this issue being dealt with.