Legal dispute over collapsed town wall takes a fresh twist

A legal dispute over a collapsed town wall next to a church has taken a fresh twist.

Despite the collapse happening in 2012, only temporary measures have been used to prop up the wall by St Laurence’s Church in Ludlow.

The situation has got so bad that the Parochial Church Council (PCC) is threatening legal action if Ludlow Town Council (LTC) does not take action.

The authority appointed structural engineers, the Morton Partnership, in 2017 to seek tenders for the repair work. The report was finally delivered to the council in late 2021. However, the PCC, and other interested parties, were only shown the full report last month after the town council “reconsidered its position.”

However, in an email to Colin Richards, the chairman of Ludlow Town Walls Trust, Gina Wilding, clerk of LTC, says that any demands for a risk assessment should be directed to the church, who own wall, and it has no liability to either investigate the matter or undertake any remedial works.

Norris & Miles, who are representing the PCC, says there is no legal argument to back up the clerk’s assertions.

“At no point since the tripartie meeting between the PCC, Shropshire Council and LTC in September 2015 has LTC sought to deny its responsibility or the maintenance of the wall,” said a spokesperson for Norris & Miles in a letter to Geldards, a law firm representing LTC.

“Indeed, it is very clear from the record of that meeting and subsequence correspondence that LTC accepted its responsibility and was taking steps to get the repairs to the wall under way.

“There is no explaination in the clerk’s email for this sudden 180-degree about turn in the council’s position in relation to responsibility for maintenance of the wall. There is no legal argument to support the clerk’s assertions and it does not appear that the clerk has obtained the agreement of the council to make this major policy reversal, or that the council were even consulted about the matter.”

LTC were due to discuss the town walls during a “private session” at its meeting on Monday (January 20) evening. However, during public open session, Councillor Vivienne Parry said she was

“[At] the last meeting here, the public came and spoke to us, and at the end of it, we were asked to leave and were not told anything,” said Cllr Parry, who said she was speaking as a member of the public, rather than as a councillor.

“I came in two days later and went through the Morton agreement.

“Why have we not had, in the public domain, anything of what is going on with this council? I am very annoyed about it. This should not have been sent without asking as us, as a council, if we agreed with it.

“I am concerned that I knew nothing about it. As Vivienne Parry, and not a councillor, I am very annoyed about what is going on in this town and I want to know what we are doing as a council, and we are not getting that.

“Who gave the authority to send a letter to this lawyer to say it was alright to do it?”

Councillor Beverley Waite, the Mayor of Ludlow, said that an anonymous, threatening letter had been received that all councillors have seen. This, she added, had been sent to the police.

However, there was no response to what Cllr Parry was asking about a solicitor’s letter. Geldards has been approached for a comment.