Background: this is the injunction issued today to delay Network Rail’s alterations to the historic railway level crossing at Plumpton, pending planning approval. The works began without such approval.
In the County Court at Brighton
Claim number: B01BN100
Date: 20 October 2015
LEWES DISTRICT COUNCIL (Claimant) ref: LCD/JCS/4367
NETWORK RAIL INFRASTRUCTURE LTD (290587) (Defendant)
Before His Honour Judge Simpkiss sitting at the County Court at Brighton, William Street, Brighton, East Sussex, BN2 0RF
Upon hearing the Solicitor for the Claimant
Network Rail Infrastructure Limited (290587)
One Eversholt Street
IF YOU THE WITHIN NAMED, NETWORK RAIL INFRASTRUCTURE LIMITED, BY ITS SERVANTS, AGENTS, OFFICERS OR OTHERWISE, DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND LIABLE TO IMPRISONMENT OR FINED OR YOUR ASSETS SEIZED.
An application was made today 20th October 2015 by Lewes District Council Legal Services for the Applicant to HHJ Simpkiss who heard the ex parte application.
The judge read the witness statement of Andrew Hill listed in Schedule A.
As a result of the application IT IS ORDERED THAT Network Rail, by its servants, agents, officers or otherwise be forbidden from causing or permitting any works to be carried out without Listed Building Consent for the removal of the Plumpton Level Crossing Gates, or recovering any associated equipment or any mechanism for the operation of the gates situate at Station Road, Plumpton Green, until 4th November 2015 with permission to apply on 48 hours notice to vary or set aside this order.
COSTS OF THE APPLICATION
The Respondent shall pay the Applicant’s costs of this Application.
The Injunction is adjourned to 10am on the 3rd November 2015 at Lewes County Court, High Street, Lewes, BN7 1YB.
The Judge read the following witness statement before making this Order:
Mr. Andrew Hill