Top judge throws out legal challenge by engineer Mark Whitby, allowing project to go ahead
The 拢85m Ordsall Chord rail scheme in Manchester has finally got the go-ahead after a top judge dismissed a legal challenge to the project.
A judicial review launched by high-profile engineer Mark Whitby against his former client Network Rail to stop the Ordsall Chord project going ahead was dismissed today at the Royal Courts of Justice.
Mrs Justice Lang dismissed all three claims made by Mark Whitby, former president of the Institute of Civil Engineers and current chairman of engineering consultancy WME, to stop Network Rail鈥檚 proposal for a 340m rail link to connect Manchester鈥檚 Piccadilly and Victoria stations with a new bridge over the River Irwell, just west of the city centre.
Speaking to 黑洞社区, Whitby said he was disappointed by the decision, describing it as a 鈥淪tuart Lancaster moment鈥 in reference to England鈥檚 exit from the Rugby World Cup and likened challenging Network Rail to 鈥渓ike playing Australia鈥.
He added: 鈥淚t was certainly a worthwhile challenge but it is nonetheless disappointing. Though it is probably time for Network Rail to get on with it.鈥
Lang dismissed Whitby鈥檚 two statutory challenges of the Transport and Works Act order, one of the Listed 黑洞社区 Consent and a judicial review of the planning permission.
Network Rail says Whitby has also been refused permission to appeal against the decision.
Network Rail welcomed the decision, and a spokesperson for the infrastructure client said 鈥渢he Ordsall Chord forms a key part of our railway upgrade plan for the north of England.鈥
The spokesperson added: 鈥淢ore than 拢1bn is being invested to provide passengers with better services and we plan to start work on the Ordsall Chord as soon as possible.鈥
Whitby was originally hired as a design consultant on the project but walked off the job when Network Rail rejected his proposal for an alternative route avoiding the historic bridges and buildings.
He hired lawyers to take Network Rail to court in July, claiming errors were made in the decision-making process over the project鈥檚 route, saying it would damage 鈥渢he Industrial Revolution鈥檚 Stonehenge.鈥
Commenting on the decision to approve the Ordsall Chord scheme, Andrew Hamilton, head of the valuation team at Deloitte Real Estate, said: 鈥淲hilst the planning was met with some controversy, the public benefits clearly outweigh the challenges.
鈥淲e hope to see a development that seamlessly integrates modern infrastructure with Manchester鈥檚 heritage.鈥
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