The old Victorian boundary walls that pre-date the estate on Bushell Close are leaning at a dangerous angle and at risk of falling and causing injury. One section fell into a garden on Wavertree Road over the summer.
Collapsed wall
The collapsed wall is behind number 45 Bushell Close where the estate backs onto the houses on Wavertree Road. The wall has been in a state of disrepair for a long time and finally fell into the garden on Watertree Road a few months ago. Contractors arrived onsite at the end of November to rebuild the collapsed wall.
Concerns have been raised by PRERA regarding the lack of notice to residents, damage caused by the contractor (knocking over a bollard and driving on the grass), and a the lack of toilet facilities leading the back of Bushell Close becoming a toilet. We are currently awaiting a resolution.
Leaning wall
We are also still chasing an update on the brick wall behind 39-52 Bushell Close at risk of collapse that forms the boundary with Presentation Mews property to the west, a private/non-Lambeth freehold development.
Heras fencing was put up w/c Feb 26th 2024 and has since limited residents access to their green space. Residents received no communications prior to the instillation of the fence. A resident emailed Lambeth to enquire about the fence in April and raised the issues in the summer with PRERA.
Our Neighbourhood Housing Officer (NHO) attended the site in spring this year. Their view is the leaning of the wall is caused by three trees which are on the Presentation Mews side, two of them are in the car park and the other is in a residents garden. However this is their view only, we have asked for a report that states the leaning of the wall is caused by three trees on the Presentation Mews side, but that does not exist currently. We do not know if the freeholder(s) of Presentation Mews have been contacted.
It was also mentioned in July that “The fence belongs to Lambeth Council because Presentation Mews is a relatively new build property and the wall is dated in comparison.” We’re a bit confused by this statement as the age of the wall is not a reliable or accurate indicator of whose land it sits on. We have pushed for the legal team to review this and to check in the freehold deeds if there a covenant saying which property owners must maintain that boundary fence/wall.
Following the site visit the NHO sent an email to Lambeth’s legal team and provided pictures to assist them with their assessment of this case, however thus far they “have not received any decision to determine the outcome of this case” – Our understanding is this is now being held up by Lambeth’s legal team. Concerns have been raised about the amount of time this is taking.
What is clear to us if the damage to the wall is being caused by lack of tree maintenance on the Presentation Mews side, it is for them to foot the cost of rectifying the issue, regardless of who own the wall. Residents on Bushell Close (and across the estate) are already facing large service charge bills that include hefty major works repayments. Anything that can be done to reduce the impact on residents should be the priority.
PRERAs outstanding questions are:
- Who is paying for the temporary Heras fencing blocking access to the wall on the Bushell Close side of the wall?
- Who is the legal ownership of the wall (and has legal responsibility for its maintenance).
- Does the legal owner of the wall have any insurance in place covering this wall regarding the damages that have occurred?
- What is causing the damage to the wall? Can we prove if it trees on the Presentation Mews property?
- Has Lambeth approached adjoining owners with a view to having the trees that are causing the wall to lean over into Bushell Close removed and to re-coup costs incurred by the damage?
- A Lambeth representative has stated “If trees close to the wall on adjoining site remain in place, then the council will consider building further remedial buttresses, and repair of the fractured buttress” – Who pays for this?
- A Lambeth representative also stated “Alternatively, a fence could be provided on the grassed area (which would permanently reduce it in width) so that stability of the wall would be of less concern” – Residents do not agree to this as they have limited green space and this is a vital resource for them.
We are continuing to chase a resolution.
