The legal challenge to prevent continued work on the Ordsall Chord has been rejected by the courts.
The decision given by Simon LJ (sitting with Lindblom and Hamblen LJJ) in the Court of Appeal in London. The Court dismissed all three appeals made by Mark Whitby against the decision of Lang J in the Planning Court: two statutory challenges of the Transport and Works Act order and of the Listed Building Consent, and a judicial review of the planning permission. The Court of Appeal will hand down its judgement early in the new term, after Easter.
Mark Whitby, a former president of the Institute of Civil Engineers, had claimed that planning permission given to the scheme was flawed and that there was an alternative route that would not destroy the legacy of the original route of the world’s first passenger railway as it entered Manchester.
Judges rejected his arguments at the end of last year and now the court of appeal has dismissed his arguments.
Network Rail today welcomed the Court of Appeal’s decision to dismiss a legal challenge to the process by which permission was granted for a much-needed railway improvement in central Manchester.
Martin Frobisher, route managing director for Network Rail, said: “We welcome this decision which will allow us to continue to implement the Ordsall Chord Order. The Ordsall Chord is an essential part of the Northern Programme and once built, will help remove congestion from Manchester Piccadilly. This will help create space for hundreds more trains to operate through the city each day.
“The new viaduct will provide many benefits to not only the population of Greater Manchester but the whole of the north of England.
“Vast improvements within transport networks go hand in hand with boosting the economy both locally and nationally. There will be improved connectivity between the great cities of the north, helping boost the economy, prosperity and create jobs across the region.”
The scheme, which was originally expected to be completed in 2017, will see two new fast trains per hour between Manchester Victoria and Liverpool and six between Leeds and Manchester as well as enabling a new direct service through Manchester city centre to Manchester Airport.
