'We won't put up tax again to pay for wall': Bridgnorth town council responds in Cliff Railway row

Bridgnorth Town Council has issued a statement after learning it lost its legal claim against the town’s Cliff Railway over who is responsible for the retaining wall that was repaired at a cost of £750,000.

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Earlier this week, co-director of Bridgnorth Cliff Railway announced that an independent surveyor had cleared the cliff railway of being liable for any section of the retaining wall that saw the attraction close for 16 months and resulted in a £750,000 repair bill to local taxpayers.

Dr Malvern Tipping also said that he is now considering a compensation claim against the council, a move he fears could “bankrupt the town council”.

But following a meeting of councillors behind closed on Tuesday, the town council has now issued a statement, denying it is in a ”precarious financial position” and insisted local taxpayers will not be forced to pay any more money for the retaining wall.

The town council said it will not pursue an appeal after being told of its legal situation this week.

The town council said it had considered the Third Surveyor’s Award relating to the retaining wall, adding that “he ultimately determined that the qualifying repair costs should be apportioned 100 per cent to the Town Council and 0 per cent to the railway company. The council’s claim for £165,921.54 was therefore dismissed.”

The town council added: “The widely reported figure of approximately £750,000 relates to the wider programme of works undertaken by the Council in this area and not solely to the sections of retaining wall considered under the Party Wall Act.

“The Party Wall claim was for £165,921.54, representing the contribution sought by the council towards the qualifying costs of the relevant works within Phases 2, 2A and 2B.

“It is also important to distinguish the retaining wall which was the subject of these proceedings from Castle Walk itself. Castle Walk, including its walkway, railings and associated features, is not owned by Bridgnorth Town Council and is the responsibility of Shropshire Council. The retaining wall considered through the Party Wall proceedings is a separate structure.

“Having considered the award, the preliminary legal advice available to it and the potential additional costs and risks associated with further proceedings, council determined that it would not be in the interests of the council or the public purse to incur further expenditure pursuing an appeal.”

The town council added: “The Town Council is aware of recent public comments regarding potential claims against it arising from the period during which the Cliff Railway was closed.

“The Third Surveyor’s Award does not determine any question of liability relating to the closure of the Cliff Railway, business interruption or other losses. Those matters were expressly outside the scope of the award.

“Any separate claim made against the town council would need to be considered on its individual facts and legal merits and with appropriate legal advice.

“The Council does not accept that statements concerning potential compensation represent an established liability of the Town Council. No such liability has presently been determined against the council.

“The council would also like to reassure residents that Bridgnorth Town Council is not in a precarious financial position. The council continues to operate within its approved financial arrangements and maintains reserves to manage unforeseen expenditure and financial risk.

“There is no established basis at present for suggestions that potential claims will result in the town council becoming insolvent or require an increase in council tax.

“The majority of expenditure associated with the retaining wall works and proceedings has already been incurred and paid. Based on the financial position currently known, there will be no increase in the town council’s precept as a result of the Third Surveyor’s Award or the costs already incurred in relation to this matter.

“Any separate claim received in the future would be considered at that time on its merits.

“The town council remains open to constructive dialogue with the Railway Company and will consider any formal correspondence or proposals it receives. The council does not place any time restriction on such engagement. Given the potential legal and financial matters involved, however, any discussions concerning claims or possible settlement would need to take place through appropriately authorised channels and with the benefit of legal advice.

“The council is also aware of public comments concerning its decision-making and transparency in relation to the retaining wall.

“Throughout this matter, the council has taken professional advice and acted through its established decision-making processes. Where matters have required consideration in confidential session because they involved confidential legal, contractual or commercially sensitive information, they have been considered in accordance with the relevant statutory provisions.

“The council recognises the significant public interest in this matter and will continue to provide information about its decisions wherever it is appropriate and lawful to do so.

“The council will not comment on allegations directed towards individual councillors or officers.”

The Mayor of Bridgnorth, Councillor Chris Aked, added: “We fully recognise that residents will have questions about what has happened and about the considerable expenditure involved.

“The Council’s overriding responsibility when the condition of the retaining wall was identified was public safety. Professional advice identified a serious risk, and the Council had a responsibility to respond.

“The Town Council had a responsibility to establish whether some of the substantial costs associated with these works could properly be recovered rather than simply accepting that the whole cost should fall to the Council and the community it serves. Seeking an independent determination under the Party Wall Act was the mechanism used to resolve that question.

“We respect the determination that has now been made and have decided not to commit further public money to challenging it.

“The outcome of the Award was not what the council had hoped for, but members have considered the position carefully. Pursuing the matter further would involve additional expenditure of public money with no certainty of a successful outcome.

“The council has therefore decided not to appeal the award and to bring these particular proceedings to an end. Our focus now is on bringing these proceedings to a close and continuing to deliver services and priorities for the people of Bridgnorth.”