Residents have lost their battle to force Railtrack to remove a ballast dump near homes in south Oxford.

The Government said Railtrack can keep the "virtual quarry" at Hinksey Sidings - despite hundreds of complaints that it has created an "environmental nightmare".

Deputy Prime Minister John Prescott, announcing the decision, ruled that the privatised company need not apply for planning permission for the ballast stockpile.

Residents say the dump has led to intolerable noise, dust and fumes and is sited close to a nursery school, health centre and day care centre.

Oxfordshire County Council, which had also strongly opposed siting the ballast dump in Green Belt land, said it was appalled by the Government ruling, which Oxford people would find difficult to understand. The council's chief planning officer, Chris Cousins, said: "Railtrack's performance is under intense scrutiny at the moment.

"It seems a particularly unfortunate time for Mr Prescott to decide that the company doesn't need to apply for planning permission for a noisy, disruptive operation in the Oxford Green Belt, close to people's homes."

He believed the decision would lead to strong pressure to strip Railtrack of its immunity from planning controls.

Mr Cousins said: "Railtrack inherited these rights from British Rail. But BR was a public body accountable to Parliament."

Residents have waited a year for Mr Prescott to make up his mind, with the issue debated in the Commons. The Government said that none of the Oxford representations had persuaded Mr Prescott, who indicated earlier this year that he was "minded" to approve the dump, to act against Rail- track.

Suzy Middleton Heath, of the Stop the Quarry Action Group, said: "We are very disappointed. It is intolerable and we now need to think about what we can do next.

"Nobody can understand why the Government won't accept our application."

Story date: Monday 25 October

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