A4 Wellington Street Tesco Footbridge Closure Unlawful says Slough Party

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10 August 2007

Slough's Borough Council imposed a Highways Closure Order on the elevated Tesco footbridge, valid from 1 July and 3 August 2007.

The footbridge was not re-opened on 4 August because Tesco's workmen had failed to complete their work on schedule.

To avoid Tesco incurring un-planned expense by having to remove the building material and scaffolding and restoring the footbridge to a safe condition for pedestrians, and then re-apply for another Highways Closure Order, the Council ignored the now unlawful closure of the footbridge.

Observant Slough Party member David Wood noticed the irregularity and asked SBC for an explanation.

A council official on 9 August apologised to the public and explained Tesco's workmen had overrun their finishing date. The council has now insisted, regardless of whether Tesco has completed it's work, the footbridge must be re-opened to the public by Tuesday 14 August 2007.

A council official stated:

" The work is to install a tiled piece of artwork.

" It was not described in the original planning application.

" The artwork was negotiated with the developers during the process under a section 106 agreement to provide a piece of public art in keeping with our aims across the town."

Correspondence reference Janik1810 refers.

Some legal issues are:

(1) was the footpath unlawful blocked or closed; and

(2) if so, did SBC act ultra vires in permitting the blockage or closure; and

(3) did SBC act ultra vires in not unblocking or not re-opening the highway; and

(4) did SBC conspire with Tesco to unlawful block or close the public highway; and

(5) did SBC conspire with Tesco to continue the unlawful blocking or closure of the public highway; and

(6) what type of duty of care or otherwise did SBC have to users of that highway; and

(7) was SBC negligent in exercising its said duty to users of that blocked or closed public highway?