Chamber and committees

Volumes two or three of the Stirling-Alloa-Kincardine Railway (Route Re-opening) and Linked Improvements (Scotland) Bill Environmental Statement (2003) does not include standards for the allocation of night time noise mitigation.

The criteria for night time noise mitigation being applied to the
Stirling-Alloa-Kincardine Railway line were adopted after the commencement of night time freight trains in 2008, consistent with parliamentary consideration of Acts for other Railway projects, including the Edinburgh Tram (Line One) Act 2006 and Edinburgh Airport Rail Link Act 2007.

There no plans to carry out environmental impact studies of overnight services on the Stirling-Alloa-Kincardine railway line and between Hunterston and Kincardine.

In early 2008 during the final stages of the construction of the railway English, Welsh and Scottish (EWS now DB Schenker) advised its industry partners that its operational requirements had changed and that it had made a commercial decision to run its trains through the night. Transport Scotland was consulted on the implementation of these proposals. Transport Scotland first became aware through the normal industry timetable setting process in July 2008 that the Alloa route would accommodate 24 hour six days a week pathing of coal trains. Neither the Scottish Government nor Network Rail has legal powers to deny access to the railway by any railway company which meets the required standards.

The Scottish Government does not consider that the Stirling-Alloa- Kincardine Railway (Route Re-opening) and Linked Improvements (Scotland) Bill Environmental Statement (2003) or consultation on the Stirling-Alloa-Kincardine Railway (Route Re-opening) and Linked Improvements (Scotland) Bill were in breach of EU regulations or the European Convention on Human Rights.

Residents who consider the value of their property has been devalued as a result of the Stirling Alloa Kincardine Railway works may be eligible for compensation. Compensation may be payable under Part 1 of the Land Compensation (Scotland) Act 1973, provided qualifying property owners along the new railway line can demonstrate that they have suffered financial loss due to devaluation of a property as a result of the re-opening of the Stirling – Alloa – Kincardine Railway.

The Scottish Government has no powers to restrict overnight freight services on the Stirling Alloa Kincardine Railway.

The Scottish Government does not keep records of the distance between households and the Stirling-Alloa-Kincardine Railway Line where mitigation has been provided.

The criteria for mitigation are based on noise levels and not the distance between households and the Stirling-Alloa-Kincardine Railway Line.

Vibration measurements have been concluded on the Stirling Alloa Kincardine railway. Noise monitoring has been carried out repeatedly on the route, a noise model developed, and mitigation installed and tested, therefore there are no additional properties that will be offered testing for noise or vibration for the first time.

Measurements for both day and night time noise levels were offered at twelve sample properties, considered to be representative of other properties along the Stirling Alloa Kincardine route.

Four properties in total were offered testing for vibration levels.

Since introduction of train services, 44 properties have qualified for noise barriers, and to ensure the most effective mitigation continuous barriers were installed in some locations. This resulted in a total of 68 properties receiving mitigation.