Agenda item

To answer questions asked after notice in accordance with the provisions contained within Part 4 of the Council Rules of the Constitution on any matter in relation to which the Council has powers or duties or which affects the District:

(a)        to the Leader of the Council;

(b)        to any Portfolio Holder; or

(c)        to the Chairman of the Overview and Scrutiny Committee.

Questions, if any, will follow if not received in time to be incorporated into the agenda.

(1)          Transport for London – Works to Central Line

Question by Ms. L. Bostick

“What steps have the Council taken to represent local residents in challenging the programme of works being undertaken by Transport for London in Grange Hill and how has the authority ensured that the needs and rights of residents, particularly vulnerable residents, are protected to a standard that sets proper precedent for future works by Transport for London within the Epping Forest District”

Question by Ms. D. Rye

(a)          “What is the Council doing to rectify discrepancies with the permit dated 12 December 2018 for Transport for London to use common land in Lechmere Avenue and what steps were taken to ensure that residents were fully informed of the work to be undertaken and arrangements to minimise associated disruption”;

(b)          “How does the Council feel about the intention of Transport for London to excavate 60,000 tonnes of earth from the site in Chigwell and to replace this with imported EM16, when 60,000 tonnes of indigenous earth could be used instead”;

Question by Ms. S. Gray

(a)        “What provision was put in place by the Council to ensure that trees were not cut down indiscriminately as a result of the work being undertaken by Transport for London; and

(b)        Have Transport for London applied for a permit for overnight working and what measures have the Council taken to assure residents that there will be minimum disruption arising from the work”.

Question by Mr. T. Scott

“What risk assessments have been carried out by Transport for London and the Council with regard to the possibility of subsidence to properties backing on to the railway embankment once the excavation work and soil removal begins, concerning the risk of subsidence affecting main residential dwellings and not any boundary outbuildings covered by the Party Wall Act 1996”.

Response by Councillor N. Avey (Contracts and Technical Services Portfolio Holder)

“I would like to thank the members of the public who have submitted questions and are present to address the Council this evening, in connection with ongoing emergency work to the Central Line in the Chigwell area. I may not be able to fully answer each the questions raised tonight, as I need to rely on Transport for London for some of the responses, but I will endeavour to address residents’ concerns in this regard.

The Central Line offers a key mode of transport for our residents, businesses and visitors. Due to the usage and age of the Central Line, it is necessary to carry out routine as well as emergency repair works to the line in the Chigwell area. In order to facilitate these works and minimise disruption to local residents, the Council has assisted Transport for London in undertaking necessary repair works by, for example, allowing the use of its car park as construction compound for contractors engaged by Transport for London.

The current works are on the overland section of the Central Line to the rear of Hycliffe Gardens between Grange Hill and Chigwell Stations. Under the Town and Country Planning Act 1990, Transport for London are classed as a Railway Undertaker and as such have certain rights under the General Permitted Development Order 2015 (Part 8, Class A). The land to the north of Hycliffe Gardens is operational land as defined in the Act and, as such, the Council has concluded that any compound used in connection with these works is permitted development and that planning permission is therefore not required. The Council, being the land owner, has given permission for Transport for London to site a works compound in Lechmere Avenue, to enable it to carry out these urgent works to the track and adjoining bank.

I am informed that Transport for London have held meetings with local residents and have established a dedicated contact centre for residents to report concern with regard to the ongoing work. Transport for London has also made arrangements for road sweeping to clear debris from the site compound and surrounding area. I would encourage residents to contact Transport for London directly with any issues and concerns but, if these are not addressed, I will intervene on behalf of our residents.

With regard to the question concerning the alleged importation of soil as part of the works, I have asked Transport for London to provide clarification of this issue and have also asked the Council’s contaminated land team to review existing arrangements for the importation of soil as part of such works.

Officers attended the site on 20 February 2019 and observed that no material has been imported to the site to date, as the tree clearance is not yet completed. Transport for London will import material for piling and stabilisation of the bank, which will be a construction aggregate produced at its Rickmansworth site. The material referred to by residents as ‘EM16’ only denotes the site that produced the aggregate and not the type of material. Following the stabilisation and reprofiling of the bank, Transport for London will be re-planting with grasses and flowers and the bank will remain fenced off and inaccessible to residents. Transport for London will deploy road sweeping, so any wheel borne material or spillage should not affect the residential estate.

The likelihood of environmental pollution is likely to be low if Transport for London employ the appropriate control measures. The likelihood of the Council’s land becoming contaminated would be expected to be low and is to be reinstated to current state following completion of the works. Because the site will remain inaccessible to members of the public during and following works, there will be a very limited exposure pathway to residents or for contamination in future. The Council will monitor the works and assess if there is excess dust or soil residue on roads that is likely to impact the environment as the project progresses.

The trees removed by Transport for London were not subject to a Tree Preservation Order and there was therefore no planning control that could be applied by the Council to prevent such removal. Transport for London was able to remove the trees under their existing powers.

The Council has no planning control over the works being undertaken by Transport for London because they are permitted by current legislation and it cannot therefore impose conditions on the hours of working. I will however ask Transport for London to exercise care and reduce any disruption caused to residents by the work, to a minimum.

With regard to the assessment of the risk of the impact of the works on adjoining properties, I would urge residents of these properties to contact Transport for London directly to seek appropriate assurances in relation to concerns of subsidence. I must make it clear that the Council does not accept liability for any claim arising, directly or indirectly, from the carrying out of these works by Transport for London.

I intend to meet with representatives of Transport for London in the coming days to seek reassurance that the concerns of residents in connection with the ongoing emergency work to the Central Line in the Chigwell area are properly addressed.”

Supplementary Question by Ms. L. Bostick

“Will the Council fully appreciate the impact of the vehicle movements that will occur every 30 minutes for the residents of Lechmere Avenue and The Chase?”

Response by Councillor N. Avey (Contracts and Technical Services Portfolio Holder)

“These concerns will be raised at the meeting with TfL.”

Supplementary Question by Ms. D. Rye

“Why were other access points that would have had a minimum impact on residents, not considered before the permit of use was issued by the Council?”

Response by Councillor N. Avey (Contracts and Technical Services Portfolio Holder)

“Councillor A Lion, the Ward Councillor has passed on the background information and although I cannot advise on the other access points, I will mention these issues to TfL at the meeting.” 

Supplementary Question by Ms. S. Gray

“Can anyone attend the meeting that you have with TfL?”

Response by Councillor N. Avey (Contracts and Technical Services Portfolio Holder)

“Initially this would probably be a closed meeting with me, council officers and TfL, although I will discuss how he could involve residents at this meeting.”

Supplementary Question by Mr. T. Scott

“Could some pressure be applied to TfL for information regarding any subsidence reports that have been made regarding the works to be carried out?”

Response by Councillor N. Avey (Contracts and Technical Services Portfolio Holder)

“All residents should contact TfL directly for this information, although if they are not successful I will ask TfL at the meeting.”