Members of the Isle of Wight council Executive will be meeting tonight to discuss the landslide at the former railway cutting in Shanklin that Rush Close backs onto.
Claimed by some to have been used as a smokescreen during the attempt to overthrow the Independent administration earlier this year, the issue has been ongoing since 2007.
Background
The council own the land the former railway cutting sits on – it’s part of the former train line between Shanklin and Ventnor that was closed in the 1960s. To the south of the land a new housing development was completed in 2005, although the council say signs of instability were only first reported in 2007.
The report states the instability initially only affected one property in Rush Close, but now affects two.
Technical assessment
In light of legal opinion given to the council in 2008, a view was taken that the council was not responsible for the instability. It was agreed they would make a modest contribution towards the cost of remedial works “under what is called a measured duty of care as it owns the land that supports the higher land on which the properties in question sit”.
Following the wet winter of 2013/14 the council commissioned geotechnical consultants Mott MacDonald to carry out “a technical assessment of the causes of failure and to suggest potential remedial options”. Details can be found in Appendix A below.
Differing legal opinion
There has been much correspondence between the council and the residents affected by the landslide, but the sticking point now seems to be that legal opinion of who should fund any stability works differs considerably between that given to the council and that given to the residents.
The council state in the paper they have “funded an experts report, undertaken tree works, and confirmed to the residents that access to the council’s land both for works and drainage will be given to them”.
They had previously offered to contribute 10% of the cost of a previous (albeit much smaller scale) scheme, but that offer was rejected.
Concern from residents
For several months one of the residents affected by the landslide, Mrs Connery, has been attending council meetings to raise her concern at the lack of response from the council’s legal team.
At last week’s Scrutiny Committee Mrs Connery said it was a disgrace that only six members out of 40 that had been invited to visit the landslip had taken her up on her offer. She also disputed how many residents are affected by the landslip, adding it was more than the two cited by the council.
Tonight’s vote
Members will tonight be asked to vote on the following recommendation,
Option 1 –That the council, declines to undertake or fund the remedial works, but, continues to monitor the slope, carry out tree works when necessary.
As one of the adjacent landowners has proposed an alternative stabilisation scheme, this option would include assisting the two affected residents in allowing access on to council land to enable these or similar works to be carried out by the owners of the properties in Rush Close, and to give assistance to facilitate the drainage of water from the site onto the council’s land should that be required, and if necessary arrange for temporary closure of the bridleway during the construction phase.
Image: © Mott MacDonald
