NETWORK Rail is facing the threat of legal action amid claims that noisy night work is making the lives of Hinksey residents a misery.

The company has been accused of breaking agreements at Hinksey Sidings, with families regularly woken by wagons stockpiling ballast.

With residents complaining of being disturbed as late as 2am, Oxford City Council says it is considering serving a noise abatement notice on Network Rail to restrict its hours of working.

Council staff monitoring night noise levels found it to be unacceptable and have written to Network Rail demanding that the company honours an agreement covering working times and noise levels.

The ballast work at Hinksey sidings, close to hundreds of homes, sparked numerous complaints since the virtual quarry began operations six years ago under permitted development rights.

Network Rail spokesman, Stuart Buss, said: "Recent improvements to the railway around the Oxford area have led to a greater demand on ballast from Hinksey sidings. The increased use of the sidings is a temporary measure and every effort has been taken to reduce the disruption caused."

He said a change in the wagons used to bring bulk deliveries of ballast to the site meant more trains were being required to maintain the stockpile.