Residents Anger As Network Rail Begin Tree Cutting Works Without Informing Locals.

Residents living near the Emerson Park train line that covers Upminster and Romford woke up last week to the dreaded sound of chainsaws cutting down trees along the railway line behind their homes.

Locals whose houses back the train line, had not received any communication from Network Rail in regards to works being carried out and were appalled to see men with chainsaws ready to cut more trees.

Several years ago, residents with support of the Romford MP Andrew Rosindell, battled with Network Rail to stop the blanket wide removal of trees.

The trees along these lines are home to much wildlife that already struggle to build homes as nature repeatedly loses out to housing projects.

Residents have now been in contact with Network Rail in a bid to get answers from them about the trees they are cutting.

A special Facebook group was set up by campaigners Jodie and Gina entitled ‘Stop Network Rail’s Environmental Destruction’ and is extremely active supporting our trees with hundreds of members.

Andrew Rosindell has also been asking questions to Network Rail in regards to their recent tree chopping and told the Havering Daily:

“I am furious to hear from local residents who live along the Romford to Emerson Park “push and pull” Liberty Line that healthy trees are being cut down by Network Rail having had this same battle with them exactly three years ago! I was able to get it stopped then and so once again, I am calling on Network Rail to immediately halt the destruction of trees along this green lung that runs through out ‘town and country borough’ and is a haven for wildlife too.”

Campaigner Jodie Satterley, who has worked tirelessly to get answers from Network Rail, has drawn up the following legal obligations-

Network Rail’s Legal Obligations

1. You may be concerned to hear that Network Rail has once again started a program of what they call ‘vegetation management’ – apparently intending to destroy all plants and trees within 6.5 metres of the railway, and cut down any other trees which drop leaves. This may also involve treating the land with toxic herbicides so that nothing else will grow there – which could endanger the health of humans, wild animals and pets.
2. Carrying out such a plan would mean the destruction of thousands of trees in Havering. It would devastate the wildlife corridors that provide enormous health benefits for residents; damaging wildlife and air quality.
3. This may seem unbelievable, but in response to a 2018 Freedom of Information request, Network Rail estimated that in just 12 months, it had cut down around 50,000 trees.1
4. Network Rail has already started work and cut down numerous trees along the Liberty (‘push and pull’) Line without community notification and consultation.
5. This breaks their previous promises to our community, and may breach the good public body governance and practices we expect in England, as a country proud of its democracy and adherence to the rule of law.
6. It is sometimes claimed that Network Rail have the legal power to undertake any works on their land without limitation. That is untrue.
   1 https://www.networkrail.co.uk/wp-content/uploads/2018/09/FOI2018-00545-Vegetation-Tree-Felling.pdf
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Stop Network Rail’s Environmental Destruction

7. No public body has unlimited or unchecked statutory powers. Network Rail is no exception.
8. All decision-making by public bodies (when exercising their legal powers) must be:
   a. Legal – i.e. within the scope of their powers, not breaking other laws, making
   decisions based on all relevant information;
   b. Rational and reasonable;
   c. Follow the appropriate procedures;
   d. Fair and unbiased.
   If a public body fails to abide by these rules, their actions are subject to challenge and the courts may find that they have acted unlawfully.
9. Network Rail must follow the rules and policies that government sets for it. The Department of Transport (“DoT”) sets policy and expectations for Network Rail. The ‘Enhancing Biodiversity and Wildlife on the Lineside’ (July 2019), report stated that:
   a. DoT ‘expects Network Rail to achieve no net loss in biodiversity on its existing lineside estate’ [3];
   b. DoT ‘expects well designed and maintained habitat management of its lineside estate to be fully integrated into Network Rail’s objectives, culture, and decision- making and management processes’ [3];
   c. DoT expect NR to ‘work in partnership with its lineside neighbours, local landowners and environmental groups’ [4].
10. Network Rail must also abide by rules set out in Wildlife and Countryside Acts, particularly in relation to protected species. Failure to do so can result in criminal proceedings.
11. Network Rail’s powers do not empower them to breach the laws and rules set by Parliament. They are not above the law.
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Stop Network Rail’s Environmental Destruction

12. If Network Rail think otherwise then it is surely time for a drastic overhaul of their powers, to ensure Network Rail cannot act with impunity.
    Jodie Satterley LL.B; LL.M; MA Chair, Stop Network Rail’s Environmental Destruction

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