Church to take “enforcement action” against council

Enforcement action is to be taken against Ludlow Town Council (LTC) over a long-standing dispute regarding a collapsed wall.

Despite the collapse happening in 2013, only temporary measures have been used to prop up the wall by St Laurence’s Church in Ludlow.

In 2017, the town council appointed structural engineers, the Morton Partnership, to seek tenders for the repair work.

The report was finally delivered to the council in late 2021. However, the Parochial Church Council (PCC) and other interested parties were only shown the full report last December after the town council “reconsidered its position”.

Last month, LTC agreed to pay an external contractor £1,500 to look into the safety concerns of the wall. However, it maintained that it was not responsible for it, and accepts no historical, current or future liability for its repair or upkeep.

The PCC has previously threatened the council with legal action over the despute of ownership, and now it has come to a head.

Ahead of a LTC meeting on Monday (July 28), letters from the respective parties’ solicitors have been sent to councillors regarding the issue.

On behalf of the PCC, Veale Wasbrough Vizards (VWV) said it has been instructed to take the necessary steps “to achieve a resolution of this longstanding matter”.

A spokesperson said: “We are reviewing its background and history to date but, based on the records and documentation we have seen so far, we have advised our client that they are not responsible for repairs or other works of maintenance to the collapsed wall nor are they liable to make any financial contribution to the costs thereof.

“If, through your solicitors and without prejudice, you have proposals to make for a timely resolution of this dispute, then our client will give them due consideration. As matters stand at present, however, and regrettably, our client evidently has no option other than to take enforcement action
in order to determine the matter.

“Please take this letter as notice to that effect. Our clients’ rights and remedies remain, of course, fully reserved in the meantime.

“Any legal action necessary will likely involve you and your ratepayers in substantial legal expense, but that is unavoidable in the absence of agreement.”

In response, Geldards, which is representing LTC, said that VWV’s letter “lacks the necessary legal particulars to support the assertion of liability”.

“The issue of ownership of the wall is central to the question of liability but your letter does not address this or provide any documentation or title evidence to confirm that the relevant section of wall forms part of the churchyard or is otherwise within the PCC’s legal responsibility,” said a spokesperson for Geldards.

“Your letter does not cite any statutory provision, case law, or contractual agreement that would establish Ludlow Town Council’s responsibility for the part of the wall in question.

“We are not aware of any formal notice having been served under s.215 of the Local Government Act 1972 or preceding legislation which is a statutory prerequisite for the transfer of maintenance responsibility to our client.

“In the absence of these particulars, your letter appears entirely speculative and lacks the evidential foundation required to support the allegation of liability that is made. Therefore, it is not accepted that our client has any legal responsibility for the repair of the wall.

“Our client remains open to constructive dialogue to resolve matters. However, as your client is now considering legal action, it is required to provide a formal Letter of Claim setting out the basis of its claim, the facts relied upon, and what relief it is seeking.

“When it does so, we will respond appropriately. In the meantime, our client’s position is reserved in relation to costs.”