To report to the Sub-Committee the findings of the petition requesting that the Council re-gravel Wardle Avenue with the correct materials as compensation for the road closure on Armour Hill.

Further to Minute 14(c), the Executive Director for Economic Growth and Neighbourhood Services submitted a report informing the Sub-Committee on the findings of the petition requesting that the Council re-gravel Wardle Avenue with the correct materials as compensation for the road closure on Armour Hill.

The report explained that Wardle Avenue was a ‘Private Prospectively Maintainable Road’, which meant that it was a private road and responsibility for its maintenance lay with the land owner or, if unregistered, responsibility passed to the frontages of the adjacent property owners.  Wardle Avenue was signed as a ‘private road’ and access rights were generally written into the Title Deeds of the properties that had access directly off a private road.  It had been noted that due to the length of time the road had been in existence highway access rights might have been established but, this did not make Wardle Avenue a ‘Highway Maintainable at Public Expense’.

In late December 2018 a collapse had occurred in Armour Hill near the junction with The Cedars.  Thames Water had repaired a water-main that was damaged but, on further investigation the Council had established that there was a ‘solution feature’ within the public highway that resulted in Armour Hill being closed between The Cedars and Westwood Road for safety reasons.  Following the successful completion of the ground stabilising works at the end of July 2019 a surface water sewer replacement scheme had been brought forward and these works had been completed on 4 November 2019, with Armour Hill then fully re-opened to through traffic.

The report explained that the Council had a statutory duty, under the Highways Act 1980, to maintain a safe highway.  No diversion through Wardle Avenue had been proposed nor signed during the urgent ground stabilisation works in Armour Hill.  Local residents might have chosen to use Wardle Avenue as an alternative route, but as the road was private, the Council had no control over the use of the road and the use of Wardle Avenue by local residents during the essential works in Armour Hill did not result in maintenance responsibility being passed to the Council.  The Council therefore was not in a position to re-gravel Wardle Avenue in appropriate materials.  The Council recognised that the Armour Hill ground stabilisation works had been disruptive to local residents, including residents of Wardle Avenue, and wanted to thank all residents who had been affected for their patience during the essential highway safety works.

Resolved -

(1)     That the report be noted;

(2)     That the findings of the investigation not to re-gravel Wardle Avenue be noted;

(3)     That the lead petitioner be informed accordingly.