FRIENDS OF LONG ROCK MEXICO CROSSING

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Minutes of Meeting Tues 06 08 2013 Present: Rob Nance, Nick Tregenza, Dick Thatcher, Carolyn Trevivian, Mike Bott, Helen Eynon 1. Extinguishment Order 05.08.13 Peter Marshs (PM) announcement yesterday is disappointing news for Long Rock (LR), but came as no surprise. Since PM became involved in this matter it seemed clear that his primary objective was to avoid any liability. All claims in the order are quite ridiculous. Using the protection of vulnerable user groups as an excuse whilst actually exposing them to greater risk is contemptible. Claims that train horns are sometimes inaudible is incredible, given that people living on the north side of the main road can hear the train horns from inside their houses. PM claims no improvements can be made when we know we have informed him of possibilities that should be considered. 2. Temporary Closure Order Definitely Illegal MB has received confirmation from emails with Ray Oldfield (RO), Dept for Transport (DfT), that he did not advise that Cornwall Councils (CC) order is valid. RO clarified that he only advises regarding Road Traffic Regulation Act 1984 s15(5) & s15(6), outside that, validity does not lie with him. RO confirmed that a council cannot apply for an extension of an order that is already dead. CC should have, but did not, obtain permission from the Secretary of States (SoS) department, not RO at the DfT. Vanessa Davis (Legal Dept, CC) said shed sorted it out but clearly didnt. CC therefore has not made a Highways Act 1980 s118A Order yet so the closure is still temporary & still illegal. There is still potential for prosecution of CC or other formal action.

3. Freedom Of Information (FOI) Request NT will make request to CC, under FOI Act, for all the submissions, etc received regarding the Crossing. In particular we wish to receive the copy of Jeremy Edwardss (JE) report that he originally handed to PM, as well as the final version that will have been arrived at following PMs interventions. The impression that we have is that this matter was essentially hijacked by PM as we were originally led to believe that the decision would be made by JE. Either this or we were misled. NT will also chase up the letter of 17.05.13 from the Office Of Rail Regulation quoted in PMs letter. Knowing how evidence has previously been completed misquoted & twisted, we need to see this letter. 4. Legal Advice/Public Enquiry MB said we dont have to appeal, the next step is that CC does a consultation. We discussed whether to proceed with the lawyer we have had discussions with so far. No consensus about this. Agreement to defer for the time being, as costs quoted are high. It was suggested that if anyone in the village knows of a legal professional who would be willing to help or advise - for lower costs - this would be helpful.
5. Formal Complaint Discussed the list of complaints regarding PMs mishandling of the matter. 6. John Wood (JW), Chairman Of CC Agreed will request a meeting, next week if possible, with JW to explain to him how PM has mismanaged this case & to enquire about Councillors non-action. CT will ring JW.

7. Paul Masters, Chief Executive (CEO), CC Agreed MB will write to CEO to ask for meeting. 8. Public Meeting Agreed PM should be requested to attend a public meeting in LR, at a date of his choice but limited to the next fortnight, to explain his decision to Long Rockers (LRs) & listen to their responses.

9. Publicity/Press Release Need to inform LRs what is happening. 10. SoS Letter We will send a letter to the SoS, copying in our MP & other interested parties, informing him of CCs illegal action.
Summary Immediate action: Invite John Wood to private meeting & PM to public meeting & FOI request. Subsequent action: Contact CEO after this, submit complaint.