North–East Rail Trail appeal lost

 • North-East Recreation Trail sign.

By Tony Scott,
December 01, 2021

Opponents of the North-East Rail Trail are not ruling out court action to prevent work on removing the railway after losing an appeal against Dorset Council’s approval of the project.  

The Resource Management and Planning Appeal Tribunal dismissed the appeal by steam engine enthusiast Michael DeBomford, but imposed a couple of conditions on the environmental management of the works to prepare the rail corridor for cyclists.

The appeal argued the crushing of ballast on the rail line could pollute nearby watercourses.

But Dorset Mayor Greg Howard said the conditions are not very onerous and had been agreed in the hearing by expert witnesses from both sides.

“We’ve got to prepare some detail about how we would do the crushing trap silt like with any other civil works and they have seven days to agree to that or the Tribunal will have to reconvene to decide.

“I don’t think they’ll take that step because the experts have agreed on how it should be handled.

“They should just get on and run the tourism train on the line they have got the licence for.”

But the head of the Launceston and North Eastern Railway, Paul Cabalzar, who has helped fund the appeal said lawyers were considering the next step.

“We’ve got seven days to go back to the Tribunal.

“It’s far from done and should drag on for quite a while yet.”

A court injunction may be considered if the Tribunal avenue was closed off.

Dorset Council has still to decide whether it will call tenders for the 26-kilometre section from Wyena to Scottsdale that was subject of the appeal or proceed with the Development Application through the Launceston City Council for the remaining 14 kilometres of trail from Wyena back to Lilydale Falls.

Councillor Howard said there were wider exemptions to the works involved in the Launceston Planning Scheme and an appeal against approval was less likely given the failure in Dorset.

“I’d just like to get on with the project.

“It should have been built five years ago and could be bringing visitors to revitalise Lilydale and Scottsdale.

“But we’re still looking at a project that will take 18 months to complete.”

He said there was no risk to the Federal source of funding for the work.

An original $1.5 million allocation expired, but had been replaced with a commitment without a time limit.