By Mal Butler
The long-running dispute over the ownership of a collapsed wall in Bath Road, Ventnor, has taken a new turn this week.
The road, one of only two which leads down to the seafront, is still closed 18 months after the collapse, leaving residents frustrated that the only action being taken so far is the threat of legal action to determine who owns the wall in question.
As previously reported, the matter was highlighted by resident, Karl Hunter, who formed a working party with some friends to clear and tidy up part of the rubble-strewn highway.
Karl has continued to make enquiries after the IW Council claimed it was “currently engaged in legal action to secure repairs which is delaying the ability to reopen this route in the town.”
However, Karl said this week: “In actual fact, it is the landowner who is taking Island Roads to court. He is appealing to revoke a Formal Notice served against him by Island Roads on April 8, 2024 to make repairs under section 167 of the Highway Act 1980.
“In short, the landowner’s appeal, lodged on April 22 last year, provides documentation to support an argument that the wall was built by the IW Council or its predecessors long after the property above was built, and so, given the council was the body responsible for construction of the wall, it is the council’s responsibility to repair it. As yet there is still no court date set.”
Now Karl has come up with his own solution adding: “I have been working with the Keep Ventnor Moving group, and Paul Realey, an independent structural engineer from PTR Consulting Engineers, to construct a temporary solution to get Bath Road reopened for the summer season and beyond.
“Following a joint site inspection, Mr Realey drafted a report which detailed a temporary solution to brace the breach from further collapse at a cost of £9,500 plus VAT which will get the road open quickly.
“Some might say a sizable sum, but the likely economic benefit to local businesses, especially those along the front, will far outweigh the cost. The alternative is to wait for a court date and then probable appeal, which could see Bath Road remaining closed for this season and the next.
“I would urge the IW Council and Island Roads to take up this relatively inexpensive solution for the economic benefit to Ventnor town in these financially difficult times.”
Island councillor for Ventnor & St Lawrence, Ed Blake, backs Karl’s stance, saying: “For more than a year, the council has failed to act, claiming the landowner was holding the town to ransom.
“The closure of this key road has had a significant impact on both residents and businesses along the seafront and surrounding areas. This delay is entirely unacceptable.
“I believe action should be taken to reopen the road and reclaim the costs when we know who owns the wall. I also believe the IW Council is blocking things and I just don’t know what the reasoning is behind it.”
East Wight MP, Joe Robertson, also wants the matter resolved, added: “The continual buck-passing must stop.
“Residents are fed up with hearing endless wrangling between the council and Island Roads about who is responsible while nothing gets done. There is an alarming lack of urgency whenever there is an issue with a road in Ventnor and it is businesses and residents that suffer.
“The council, as the Highway Authority, and Island Roads as their contractor, need to get a grip and clear and reopen Bath Road and Belgrave Road in without further delay.”
An Island Roads spokesperson said: “We issued a formal S167 notice to the property owner in Bath Road as part of our responsibilities under the contract we have with the Isle of Wight Council.
“This notice, first issued in November 2023 and then again in March 2024, requires the owner to carry out repairs to the wall.
“However, Island Roads does not have the responsibility to take enforcement action or enter into a legal process on behalf of the council and therefore this matter is currently with them to work through the legal process.”
But there is hope: if Karl’s report is submitted to the IW Council it says it would review any proposals it received.
An IW Council spokesman confirmed: “The council and Island Roads have not been approached by anyone but would be happy to review any independent proposals put forward to repair the wall.
“These would need to be reviewed by structural engineers to ensure that any repairs made were structurally sound and the road could be reopened safely. The council will continue to work through the legal process to determine to owner of the wall and instruct them to carry out the necessary works.”
Yesterday marked a month since Belgrave Road was closed by a massive rockfall and adding even further pain to local residents and businesses there was an emergency closure by Island Roads of Madeira Road.
Isle of Wight Observer