THE battle between Network Rail and those who would seek to halt and rethink the £85m Ordsall Chord is due to get 'hot' this week. 

On a point of principle this seems to fly in the face of the Court of Appeal's judgement

Mark Whitby, former president of the Institution of Civil Engineers, and other campaigners believe the proposed route will irretrievably damage the heritage elements of the 1830 Liverpool and Manchester Railway which 'in relation to railway history, is the place where the modern world began' - as Andrew Davison, Principal Inspector of Ancient Monuments in the North West, stated. They agree the Ordsall Chord is needed, just not on this alignment. 

Network Rail with the support of Manchester City Council, believe the £85m works in Castlefield will facilitate the completion of the £600m Northern Hub project which will lead to a huge economic boost across the North. 

Last year, the Secretary of State for Transport, Patrick McLoughlin agreed with Network Rail, judging 'the harm to heritage assets in the vicinity would in this instance be outweighed by the public benefit'.

Whitby asked for the right to appeal McLoughlin's decision at the Court of Appeal. Last month Confidential broke the news (here) that the Court had asserted this right. It said the case was 'an environmental matter of general importance' and that 'the grounds of appeal raise important points and have real prospects of success.'

Despite this Confidential hears Network Rail are about to start work on the Chord. Clearly for the company the longer the delay the more the cost of the project rises.

If true, on a point of principle, this seems to fly in the face of the Court of Appeal's judgement, a side-stepping of judicial authority and, whether we like it or not, a slap in the face of the established democratic process in the UK.

Hence Whitby is set to seek an injunction early this week should Network Rail begin the works.

He told Confidential: "Network Rail need to abide by the normal process for planning applications. If it stops the works we won't proceed, if not we'll look to take out an injunction. It remains the case that if the company had stopped to think before rushing ahead with this route it might have been well on the way to completion already."

The definition of a 'chord' is typically a group of three or more notes sounded together, as a basis of harmony. The name Ordsall Chord must have seemed a lovely bit of branding for Network Rail, a re-tuning of the Northern lines to produce a melodious link between Piccadilly and Victoria Station.

Ordsall Discord would have worked better. The battle between the big guns of corporate and civic world against the small arms of concerned individuals rumbles on.