Success! Collapsed Perth Rd Wall Petition
Thanks to the efforts of the principal petitioner of “Petition Update — Repair of stone wall along the Perth Road (B8033) Dunblane”, that was heard at today’s Environment & Housing Committee the footway is to be re-opened over a year earlier than required.
The Committee was asked to:
1. note the steps Council Officers have taken to advise the landowners of their need to carry out repairs to the wall and the measures to maintain road user safety.
The footway could only remain closed until — The temporary footpath closure period is due to elapse on the 29 May 2020.
However, the E&H Committee agreed to instruct officers to reopen the footway as quickly as possible. This will be achieved by the following:
This would entail demolishing approximately 40Lm of the wall and placing the stone within the adjoining land.
If this becomes necessary, there will be a cost to the Council estimated to be £3k to dismantle the affected section of wall and for the associated traffic management costs.
The council is unlikely to recover the £3k costs, but we also instructed officers to take reasonable measures to try and recover the costs of this work.
Whilst the petitoner’s wishes were:
Petitioners Wish: Repair the stone wall along the Perth Road and reinstate the pedestrian path.
Petitioners Wish: Carry out routine inspections of the wall and notify the owner if it is identified that part of the wall is in danger of collapse or in need of repair.
Petitioners Wish: Pursue the owner for the costs of repairing the wall
The cost of repairing the wall was determined to be prohibitive given the low chance of recovering the costs from the owner, at least by being able to reopen the footway as soon as possible, and instructing officers to try and recover the costs, the substantive part of the petition was successful.
Unfortunately the “Petition Update — To improve the footpath surface and lighting on the Bishops Walk, Dunblane” met with less success and the petition has now also been closed.
The council was unable to determine who owned the land and hence who would be responsible for maintaining the path.
The Council has made and continues to make every effort possible to establish legal ownership of the Bishops Lane without success.
The two streetlights located on this footway continue to be maintained by the Operations service.
Initial feedback from Landownership Scotland has indicated that it could be a very open ended search with the possibility of no record being available.
The Council do not have title to this area of ground and have not adopted the footway at this location.
The responsibility for maintaining this section of footway does not lie with the Council but with the landowner, however the Council is currently unable to identify the landowner. The Service through Legal Services have taken all reasonable steps to ascertain ownership of the Bishops Walk without success and it now seems unlikely that this information will be available.
Cllr Benny, seconded by myself moved a motion that would have instructed officers to start the process to adopt the land and bring the path surface up to standard, and also to look into the creation of policy that would better handle these small parcels of land where ownership is unknown.
Unfortunately, only the Conservatives on the committee backed the motion, the other Dunblane & Bridge of Allan councillor on the committee abstained from voting, and the rest of the Councillors on the committee voted against this motion.
Meaning that the will of the committee was:
Committee is asked to:
1. note the updated response and acknowledge the inability to locate the registered landowner who has Title and responsibility to maintain this area of land.
Whilst I am pleased that by supporting the Repair of stone wall along the Perth Road (B8033) Dunblane petition led mostly to a successful outcome, I am disappointed that the “To improve the footpath surface and lighting on the Bishops Walk, Dunblane” petition was not successful.