Calls to prosecute Network Rail over ‘vandalism of the highest order’ in national park

Network Rail (NR) should face criminal action after causing irreversible damage to an irreplaceable moorland habitat and leaving a permanent scar on one of the best-loved landscapes in the Yorkshire Dales National Park, those charged with its conservation have claimed.

Members of the Yorkshire Dales National Park Authority voiced fury and disbelief as they heard how the Department for Transport railway company had excavated peat up to a metre deep on a prominent hillside to create an unauthorised 620m access track to carry out relatively minor repairs on the Settle-Carlisle railway line near Ribblehead viaduct.

The meeting was shown photographs of the resulting “scar in the landscape” 2km from the site, where the Yorkshire Peat Partnership (YPP) had worked with the landowner at the site to restore peatland between 2020 and 2022.
NR started digging out the track in August last year before being discovered and stopped the following month by the landowner, who had not given consent for the track.

However, as NR left the peat uncovered and erosion has taken place due to the channeling of water into more than 50 new gullies, experts believe there has been lasting if not permanent damage to the habitat for rare and important birds and other wildlife, which also captures carbon and slows the flow of water across the landscape.

The meeting heard as the excavated site was in the buffer zone of Whernside Site of Special Scientific Importance Natural England was powerless to prosecute NR.

Officers said NR had latterly attempted to preserve the peat by storing it in hessian sacking to keep it damp and that talks between YPP, the authority, NR and the landowner, to discuss “the next steps” , were due to take place next week.
It is understood NR is seeking to extend the track by a further 1km to access the tunnel’s other shafts and restoration would not begin until works on the railway have been completed.

In the meantime, the authority has approved enforcement action against NR if the negotiations do not result in a satisfactory conclusion, with members insisting the creation of the track had been totally unnecessary.

NR has said it had considered and discounted various alternative methods of gaining temporary access to the shafts, including ones regularly used by landowners, gamekeepers and conservation bodies to reach remote sites, such as helicopters, floating access tracks, low pressure tracked machines and bog mats.

Authority member Richard Foster questioned whether anything further action could be taken against NR.
He said: “It looks like criminal damage beyond anything else. It’s terrible isn’t it.”

Describing NR’s works as “vandalism of the highest order”, member Robert Heseltine said: “There was no need for this whatsoever. Is there nothing under law we could prosecute on?”

A Network Rail spokesperson said: “As proud custodians of the Settle-to-Carlisle railway, we take our maintenance and environmental responsibilities very seriously to ensure this historic and picturesque route remains safe and reliable for passenger and freight services, as well as a haven for wildlife and walkers.

“With Blea Moor tunnel being very challenging to access for essential repairs, a temporary track has been carefully created to allow specialist equipment and our workforce to be safely and efficiently transported to site.

“Once these vital upgrades are complete, the site will be sensitively restored. We have shared our work plans with our valued partners at the Yorkshire Dales National Park for their expert and respected advice.”