Decision details

SERVICE AREA:

Operations & Neighbourhoods

SUBJECT MATTER:

FAIRLEA, DENTON SLOPE STABILTY AND GREENSIDE LANE, DROYLSDEN SLOPE STABILITY

DECISION:

That a recommendation be made to Council to amend the Capital programme and agree expenditure of £0.65million to undertake the works as set out within the report in relation to

1.    Fairlea, Denton

2.    Greenside Lane, Droylsden

DECISION TAKER(S):

Councillor Fairfoull

DESIGNATION OF DECISION TAKER(S):

Deputy Executive Leader

DATE OF DECISION:

14 December 2018

REASON FOR DECISION:

As the landowner The Council has liability for any slippage where it is the highway authority and the embankment forms part of the road.

ALTERNATIVE OPTIONS REJECTED (if any):

No alternatives have been considered as the Council would be at risk in the event of partial/full collapse of the slope/slopes knowing there to be a risk to the public who may be passing by, and residents within the properties or garden areas.

CONSULTEES:

Consultation and co-operation with United Utilities (UU) regarding the phasing of their works and the council’s works needs to be planned to ensure abortive works or unnecessary costs for both parties are not incurred.

FINANCIAL IMPLICATIONS:

(Authorised by Section 151 Officer)

There is no earmarked funding for this proposed investment in the Council’s Capital Programme. Members should be aware that if approved, there may be an impact on the capital project prioritisation exercise.  Given the nature and circumstances of these works, with them been unforeseen and one off it may be appropriate to fund the works from the general fund reserve, which the Council holds for risk mitigation and management purposes.

The future ongoing inspection and maintenance of the 2 structures is minimal and can be funded by the existing Operations and Greenspace Revenue budget. Unexpected events such as vandalism could cause a revenue pressure.

LEGAL IMPLICATIONS:

(Authorised by Borough Solicitor)

Land owners are only liable for slippage where it has been created and it not a natural part of the land. Additionally. the Council has liability for any slippage where it is the highway authority and the embankment forms part of the road. Moreover, once a landowner or public authority intervened they are liable for evermore.

CONFLICT OF INTEREST:

There were no declarations of interest.

DISPENSATION GRANTED BY STANDARDS COMMITTEE ATTACHED:

Not applicable.

REFERENCE DOCUMENTS:

The background papers relating to this report can be inspected by contacting the report author,:

Telephone:0161 342 3978

e-mail: lee.holland@tameside.gov.uk