Wall and evergreen tree between Ellis Park, Brabazon Road, LE2 5HH and 79 Leicester Road, LE2 4DF

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Dear Oadby and Wigston Borough Council,

Please can it be confirmed whether or not a risk assessment has been done into the structural integrity of the brick wall between Ellis Park, Brabazon Road, LE2 5HH and 79 Leicester Road, LE2 4DF? If so, please can a copy of this be provided? In particular, I would like to know the likelihood of the wall breaking/collapsing in the near future and what the Council's plans are to ensure that there is no breaking/collapsing of the wall. If not, please can it be explained why this has not been done and if Oadby and Wigston Borough Council have future plans to conduct a risk assessment into the structural integrity of the brick wall and what the likelihood is of it breaking/collapsing?

Furthermore, there is a large evergreen tree that is grows on the boundary between Ellis Park and 79 Leicester Road. This tree leans over the fence and into 79 Leicester Road. Due to the size of the tree and the angle at which it leans over 79 Leicester Road, if it were to break/snap it would cause substantial property damage. Please can it be confirmed whether or not a risk assessment has been done into the likelihood of the tree snapping? If so, please can a copy of this be provided? In particular, I would like to know the likelihood of the tree snapping in the near future and what the Council's plans are to ensure that there is no property damage to 79 Leicester Road. If not, please can it be explained why this has not been done and if Oadby and Wigston Borough Council have future plans to conduct a risk assessment into the likelihood of the tree snapping? In addition, does the Council have any plans to prune the tree to ensure no property damage could occur?

Yours faithfully,

Mumtaz Kynaston-Pearson

Compliance, Oadby and Wigston Borough Council

2 Attachments

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Postal Address: Council Offices, Station Road, Wigston, Leicestershire
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Compliance, Oadby and Wigston Borough Council

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Our Ref:          FOI-4299

 

+------------------------------------------------------------------------+
|Important Notes: |
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|1.      The information provided in response to requests made under the |
|Act is subject to copyright protection. |
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|  |
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|2.      Where the copyright is owned by Oadby and Wigston Borough |
|Council, re-use is permitted in accordance with the terms of the [1]Open|
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|contact the copyright owner directly should you wish to re-use their |
|information. |
+------------------------------------------------------------------------+

 

+------------------------------------------------------------------------+
|Our Response (including your original request): |
|------------------------------------------------------------------------|
|Please can it be confirmed whether or not a risk assessment has been |
|done into the structural integrity of the brick wall between Ellis Park,|
|Brabazon Road, LE2 5HH and 79 Leicester Road, LE2 4DF? |
| |
|  |
| |
|A visual inspection of the wall was carried out on 11th September 2019 |
|and again on 22nd October 2019. A risk assessment has not been carried |
|out into the structural integrity of the wall. |
| |
|  |
| |
|If so, please can a copy of this be provided? |
| |
|  |
| |
|See above. |
| |
|  |
| |
|In particular, I would like to know the likelihood of the wall |
|breaking/collapsing in the near future and what the Council's plans are |
|to ensure that there is no breaking/collapsing of the wall. |
| |
|  |
| |
|It is considered unlikely that the wall will deteriorate in the near |
|future. |
| |
|  |
| |
|If not, please can it be explained why this has not been done and if |
|Oadby and Wigston Borough Council have future plans to conduct a risk |
|assessment into the structural integrity of the brick wall and what the |
|likelihood is of it breaking/collapsing? |
| |
|  |
| |
|The council does not have future plans to conduct a risk assessment into|
|the structural integrity of the wall. |
| |
|It would be helpful to inspect a copy of the title deeds for 79 |
|Leicester Road should the owner/occupier be willing to share this |
|information since the Land Registry does not hold a copy and the |
|council’s title deed documents and terrier maps do not provide a |
|conclusive answer as to the responsibility for the walls. |
| |
|  |
| |
|Furthermore, there is a large evergreen tree that is grows on the |
|boundary between Ellis Park and 79 Leicester Road. This tree leans over |
|the fence and into 79 Leicester Road. Due to the size of the tree and |
|the angle at which it leans over 79 Leicester Road, if it were to |
|break/snap it would cause substantial property damage. Please can it be |
|confirmed whether or not a risk assessment has been done into the |
|likelihood of the tree snapping? If so, please can a copy of this be |
|provided? |
| |
|  |
| |
|The latest risk assessment is provided below. |
| |
|  |
| |
|[2]cid:image008.jpg@01D5D528.DD362920 |
| |
|[3]cid:image010.jpg@01D5D528.DD362920 |
| |
|  |
| |
|  |
| |
|In particular, I would like to know the likelihood of the tree snapping |
|in the near future and what the Council's plans are to ensure that there|
|is no property damage to 79 Leicester Road. |
| |
|  |
| |
|The risk is categorised as ‘Slight’. Continued inspections are part of |
|Oadby and Wigston Borough Council’s ongoing cyclical inspection program.|
|When considered expedient and within budgetary constraints, appropriate |
|remedial works may be programmed. |
| |
|  |
| |
|If not, please can it be explained why this has not been done and if |
|Oadby and Wigston Borough Council have future plans to conduct a risk |
|assessment into the likelihood of the tree snapping? |
| |
|  |
| |
|See above. |
| |
|  |
| |
|In addition, does the Council have any plans to prune the tree to ensure|
|no property damage could occur? |
| |
|  |
| |
|See above. |
+------------------------------------------------------------------------+

 

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Dear Compliance,

Thank you for your reply and report on the evergreen tree.

In relation to your query: It would be helpful to inspect a copy of the title deeds for 79 |
|Leicester Road should the owner/occupier be willing to share this |
|information since the Land Registry does not hold a copy and the |
|council’s title deed documents and terrier maps do not provide a |
|conclusive answer as to the responsibility for the walls.

Unfortunately, as the owner of 79 Leicester Road, I do not hold any further information than the Land Registry as to the boundary ownership. However, please be aware that my property sits above the wall and as such my property has no access to the wall whatsoever. This is why there is a wooden fence erected above the brick wall to offer privacy between the two properties.

Moreover, the brick wall continues on past 79 Leicester Road and provides support for the next property too. As such, the ownership of the wall can only belong to the Council as the common landowner of the entirety of the wall and being the only landowner who can physically access the wall to maintain and repair it.

The Council should be made aware that the risk of not maintaining the wall (which only the Council can do as only the Council can access it) is that if the wall were to give way, a large portion of the topsoil and undersoil from the garden of 79 Leicester Road and/or other properties gardens may fall into Ellis Park. The liability for such damage would sit with the Council as it would be due to the Council's failure to maintain the wall. I hope this assists the Council with any further inspections and reviews of the wall it conducts in the future.

Yours sincerely,

Mrs Pearson

Compliance, Oadby and Wigston Borough Council

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Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD

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LE18 2DR

d:  0116 257 2773

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any action in reliance upon the information contained therein. If you have
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necessarily represent those views of the Oadby & Wigston Borough Council
or any of its individual departments. Neither do any of the contents in
this electronic message and its attachments amount to a contractual or
legal commitment on the part of the Oadby & Wigston Borough Council.
Activity and use of the Oadby & Wigston Borough Council e-mail system is
not private and may be monitored to secure its effective operation and for
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responsibility for any loss or damage arising from the use of this email
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