Council: ‘We want it rectified as a matter of urgency’

ROSSENDALE Borough Council’s full statement: “In April 2016 the local authority were informed of a collapsed culvert along Burnley Road which had compromised the stability of 37 Burnley Road. Officers of the council visited the site along with our appointed consultants where it was agreed that the property represented a danger to the public due to the proximity to the highway and the neighbouring properties.

“The residents of 37, 39, 41 and 43 Burnley Road were advised to vacate their properties from a safety perspective. It is clear that the culvert needs to be repaired however 37 Burnley Road first needs to be made safe to enable the culvert to be accessed to repair.

“Over the next year the council contacted the owner of 37 Burnley Road, Mr Ponke Miah, on several occasions requesting that he make the building safe. On 29th March 2017 the Environment Agency advised that the culvert had suffered further collapse. Mr Miah was then advised that the council would be applying to the Magistrates Court under Section 77 of the Building Act to require him to either make the property safe or demolish the property given that a significant time period had lapsed without any work being undertaken to make the property safe.

“On 6th October 2017 Burnley Magistrates Court issued an Order pursuant to Section 77 which requires the owner to execute such work as may be necessary to obviate the danger or demolish the dangerous part of the building. Mr Miah has until December 1, 2017 to comply with the Order. If this does not occur the local authority may execute the order in such manner as they see fit.

“If the Local Authority step in then the property will be demolished as this is a more cost effective way forward compared to making the property safe.

“Lark Hill Lane, which runs adjacent to the property, is an adopted highway and Mr Miah mentioned to the judge that he considered that LCC were partly responsible in respect of repairing the culvert. Rossendale Borough Council cannot comment on whether LCC are liable for any repairs in respect of the culvert however the Order issued relates to making the property safe not the culvert.

“Either making the property safe/ demolishing the property would allow access to the culvert to allow the necessary repairs to be carried out.

“The Order was issued as the property is unsafe and the Local Authority are keen to ensure that this situation is rectified as a matter of urgency.”