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Ordsall Chord legal challenge listed for September, says man responsible

Mark Whitby, the former president of the Institution of Civil Engineers, has confirmed to RTM that he is responsible for the legal challenge to the Ordsall Chord order granted by the government in March.

He told us: “I can confirm that the case is now listed for hearing [at the High Court] in September. My lawyers have identified errors in the decision making process that, given the significance of the harm to the engineering heritage of the Network Rail’s proposal, I considered  should be reviewed in court.”

Whitby was a prominent objector at the public inquiry in spring 2014. The Transport & Works Act Order was, however, granted by the government in March 2015.

Whitby’s case was that an alternative scheme, known as Option 15 (above) can deliver the same performance improvements for passengers as the Chord without the same impact on the heritage of the structures in the area. He accepts that Option 15 is more expensive than Network Rail’s proposal.

Network Rail listed “a catalogue of engineering risks and problems” with Option 15 at the inquiry, but Whitby said none were “insurmountable”. A closing submission at the inquiry on Whitby’s behalf noted: “Clearly, the engineering issues raised are material considerations to be weighed into the planning balance. However it is accepted by Network Rail that none of the identified risks are insurmountable. Therefore, whilst overcoming the risks and issues may cost money ( … nearly all are costed and already included within the agreed position on costs) they do not ultimately impact on Option 15’s ability to deliver the same public benefits as the Proposed Scheme.”

A DfT spokesperson told us: “A legal challenge has been filed with the High Court over the Ordsall Chord order and its associated listed building and planning consents. The government intends to contest the challenge, however as legal proceedings are ongoing, it would be inappropriate to comment further.”

The Ordsall Chord is a new section of track intended to link Manchester’s three main rail stations for the first time. It will be placed north-west of Castlefield Junction, linking that line with the Deal Street Junction line.

This would allow more trains to travel through central Manchester by unclogging the bottleneck at the throat of Piccadilly, creating capacity for two new fast services an hour between Manchester Victoria and Liverpool, six an hour Leeds-Manchester (up from four), overall journey time improvements between the three cities, a new direct service to Manchester Airport, and also improved journey times to other locations in the north.

Other initial objectors to the scheme included English Heritage (now Historic England) and the Museum of Science and Industry (MOSI), which was against it due to the proposed route bisecting the route of the original Manchester – Liverpool railway, but it later withdrew its objection.

A Network Rail spokesperson said: “Network Rail is aware that a challenge has been made to the Ordsall Chord TWA Order, the deemed planning permission and the listed building consents.

“Network Rail remains committed to delivering the benefits of the Northern Hub which will provide space for hundreds more trains each day and room for millions more passengers. The Ordsall Chord will play a key part in enabling faster, more frequent trains and more direct services to Manchester Airport.

“Network Rail is an interested party in this legal action, and is not in a position to pre-judge the outcome of any decision of the court.”

On his own website, Whitby admits his challenge to Network Rail over the Ordsall Chord is “last ditch”.

(Image: Model by Graham Morrison, Allies and Morrison, reproduced from www.mark-whitby.com/MW/home)