NOTES OF MEETING CONVENED TO DISCUSS NOTICES ISSUED TO RESIDENTS BY SOUTH OXFORDSHIRE DISTRICT COUNCIL UNDER THE BUILDING ACT 1984,
SECTION 59, REQUIRING WORKS TO REPAIR DEFECTIVE FOUL SEWER
MEETING HELD AT BERINSFIELD COMMUNITY ASSOCIATION ON MONDAY
28th APRIL, 2008 AT 7 P.M.
PRESENT :Kenneth HallChairman of Berinsfield Parish Council
Graham DenslowChairman of Berinsfield Residents’ Association
John CottonDistrict Councillor
Phillip CrossDistrict Councillor
Residents from :
Barrington Close, Berinscourt House, Church View, Colwell Road, Crutch Furlong, Fane Drive, Green Furlong, Lay Avenue, Russell Jackson Close, Shadwell Road, Westcroft and Wimblestraw Road
1.Ken Hall and Graham Denslow welcomed everyone to the meeting, explained how it would be run and briefly explained the difference between sewers in private ownership and sewers in public ownership.
2.South Oxfordshire District Council. District Councillor John Cotton informed the meeting that due to the fact that ownership of the sewers was still being investigated, the Chief Executive and Management Team from South Oxfordshire District Council had, during the afternoon, agreed to contact all residents who had been notified that they were responsible for the cost of carrying out the works to the defective foul sewer, dated 23rd April, to inform them that until such time as the ownership has been established, South Oxfordshire District Council will pay for any necessary works during the investigation period.
3.Legal Advice. District Councillor Cotton emphasized to all those present that it would be advisable for them to wait for the results of the research being carried out by the District Council with regard to ownership of the sewers prior to talking to their own Solicitors, which could result in them incurring expensive legal bills.
Ken Hall stated that should it become necessary to obtain legal advice with regard to this matter, it would be beneficial for all residents to join together, possibly with assistance from the Parish Council, and appoint one Solicitor.
4.Deeds to properties in Berinsfield. District Councillor Cotton acknowledged that many residents have their deeds to their properties and that these appear to indicate that the District Council is responsible for the sewers. He proposed that a small Working Group of residents should be formed and should go with him to the District Council Offices with their documents in order to assist with the research into the ownership of the sewers. It was agreed that Councillor Cotton, Ken Hall and Graham Denslow would liaise with regard to this matter and arrange a convenient date for the meeting.
5.Works currently required to sewers. Mrs. Holmes acknowledged that the District Council would carry out the works required to the sewers at the present time without seeking reimbursement from residents, but wanted to know whether the District Council would look to recover the cost from residents if the research into ownership proved that the sewers were privately owned. District Councillor Cotton confirmed that anything the District Council spent during the investigation period would not have to be reimbursed by residents. Once ownership of the sewers has been established, there could be further discussion, particularly if private ownership was found to be widespread.
6.Sewers The meeting was informed that Thames Water would not adopt the sewers in their current condition and everyone agreed that this was a matter that needed sorting out once and for all.
7.Future notifications. Ken Hall informed the meeting that sadly Mrs. Ruby Marriott from Shadwell Road had died during the day. It was reported that she had been distressed at receiving the notification dated 23rd April, 2008, from the District Council. District Councillor Cotton confirmed that should it be necessary to send out notices in the future, he would ensure that the Working Group and possibly the Parish Council would be consulted over the content beforehand.
8.Questions.
a)The owner of 14 Bullingdon Avenue informed the meeting that his property was located at one of the lowest points in the village and therefore when there is a problem with the sewers his garden is flooded with effluent. He has recently had to engage private contractors to clear blockages and incurred costs of £88.00 on the first occasion and £305.00 some ten days later. Ken Hall indicated that this resident should not have to be responsible for the costs of clearing the sewers just because of the location of his property and that this would be investigated with a view to possibly obtaining reimbursement for him.
b)Mrs. Hiles stated that she understood that the pipes used when the sewers were originally installed were substandard and that Thames Water would not adopt them. She enquired how much it would cost to bring the sewers up to an adoptable standard. District Councillor Cotton stated that he could not make any promises but he felt that if at all possible the public purse should pay for repairs. However, the District Council has to operate correctly and within the law and this might turn out to be outside their remit.
c)Car boot sale site. Residents enquired if the sewers were being damaged by the cars and lorries driving over them in the field used for the car boot sales. District Councillor Cotton confirmed that for 28 days a year the field could be used for car boot sales without planning permission and therefore the District Council is not able to stop the field being used for this purpose. It was felt that it would be beneficial for the weight aspect of the vehicles now using the field to be investigated to see if it has any implication on underground pipes.
d)Graham Denslow produced photographs of effluent leaking from the Thames Water sewage works adjacent to the car boot sale field and he confirmed that the Environmental Services Department of South Oxfordshire District Council had contacted Thames Water to ask them to deal with the problem.
e)Future meetings. Ken Hall, District Councillor Cotton and Graham Denslow confirmed that should a further meeting need to be convened to discuss this matter that it would be publicised fully and a larger venue would be hired. However, the impressive turn out proved that the limited publicity that had been given to the meeting, due to the short notice available, had worked admirably and they hoped that residents were satisfied with the initial outcome.
The meeting closed at 7.30 p.m.