What action can be taken against train company for the excessive and inconsiderate use of the train horn close to residential property, causing the occupants considerable stress.
Railway noise is excluded from civil or criminal nuisance action by virtue of the Railways Act 1993. However, the extent of this exemption I think may depend upon a number of issues though:
(a) How ncessary the noise is (i.e. is it a safety necessity);
(b) Whether the operator(s) are negligent or unreasonable in any way; and
(b) Whether the noise is “prejudicial to health”.
The whole situation would also have to be looked at with respect to your Convention Rights (human rights). Raise these points with your local environmental health department if they are unwilling to assist and take the matter further. You might also contact Railtrack and HM Inspectorate of Railways to press for a solution.