Agenda item

This report sets out a response to an issue, raised by Councillor Osborne, concerning the condition of a retaining wall in Upper Luton Road, Chatham.

Discussion:

Councillor Osborne outlined the background to his Member’s Item concerning the Upper Luton Road retaining wall.

He advised the Committee that the Council had recently been in communication with local residents in Upper Luton Road advising that a retaining wall used by properties to the North of this road was not the responsibility of the Council.

He advised that the wall itself was in a state of disrepair which he considered to be a major health and safety risk, but was necessary to gain access to properties above the site.

A location map and photographic evidence of the condition of sections of the wall was provided by Councillor Osborne and circulated at the meeting in addition to information listing weblinks to various published articles on retaining walls. The Chairman thanked Councillor Osborne for the map and photographic evidence. He stated that the information on the various published articles, whilst useful, could only be accepted as background information as there had been insufficient time to read this information prior to the meeting. 

The Committee received a detailed report advising that there were two pieces of legislation which covered structures such as retaining walls, namely The Building Act 1984 and The Highways Act 1980. The report summarised the Council’s responsibilities and action that could be taken under each Act.

It was stressed that both pieces of legislation were reliant on identifying ownership of the wall in question in order that action could be taken through the courts. However, searches through the HM Land Registry had revealed that the wall and land, which gave access to properties in Upper Luton Road was unregistered. Where ownership could not be established, the legal presumption was that the repairing responsibility would normally fall to those that derived the greatest benefit from the retaining wall.

The Operating Manager of South Thames Gateway Building Control advised the Committee upon the current condition of the wall. He confirmed that independent sections of the wall had been monitored through building control and whilst the overall condition of these had remained the same for the past five years, there was some concern about the condition of parts of the railings on the top of the wall.

Councillor Osborne acknowledged the difficulties of undertaking repairs, particularly as the ownership of the wall could not be established. He confirmed that the need to undertake works to the railings on top of the wall was a priority and acknowledged that the Council could not spend large amounts of capital on the wall unless it was found to be unsafe.

The Assistant Director Physical and Cultural Regeneration confirmed that the Council would meet the cost of works required to repair sections of the railings as necessary, in line with the report recommendations, at the top of the retaining wall with such funds being met from within existing budgets.

The Committee discussed the report noting that there were a number of other retaining walls in Medway.

Councillor Osborne thanked officers for the report and requested that action be taken to repair or, if necessary replace those sections of the railings that were in need of work.

Decision:

The Committee:

a)            Noted that officers will be continuing to regularly monitor the condition of the retaining wall in Upper Luton Road

b)            Noted that works will be undertaken to repair the railings located on the top of the retaining wall in Upper Luton Road where such repairs are considered necessary, with such works being funded from within existing budgets as confirmed by the Assistant Director Physical and Cultural Regeneration.