Cabinet Member for Environmental and Rural Affairs

Cabinet considered the report of the Head of Service Delivery and the above Cabinet Member which advised that, following the failure of a retaining wall supporting part of the public car park in Newington, a section of fencing and car park surface had been damaged.

The Cabinet Member for Environmental and Rural Affairs introduced the report and requested that a further recommendation be included and moved the following motion:  That delegated authority be given to the Head of Legal Partnership in consultation with the Head of Finance, Head of Service Delivery, Cabinet Member for Finance and Cabinet Member for Environmental and Rural Affairs take appropriate legal action against the landowner.  This was seconded by Councillor Gerry Lewin.  On being put to the vote the motion was agreed.

The Head of Service Delivery advised that there were issues in relation to drainage and replacement of the wall and the legal implications of these were being considered.

The Ward Members thanked the Head of Service Delivery for his diligence and perseverance in helping to resolve the issue.

RESOLVED:

(1) That an alternative form of construction in place of rebuilding the wall be adopted.

(2) That delegated authority be given to the Head of Service Delivery, in consultation with the Cabinet Member for Environment, to agree the most cost-effective design to enable the work to be progressed as quickly as possible.

(3) That the Head of Finance, in consultation with the Cabinet Member for Finance, be given delegated authority to approve funding for the remedial works when the detailed estimates are available.

(4) That delegated authority be given to the Head of Legal Partnership, in consultation with the Head of Finance, Head of Service Delivery, Cabinet Member for Finance and Cabinet Member for Environmental and Rural Affairs to take appropriate legal action against the landowner.