Council agrees ownership of river wall ahead of fix

Elgan Hearn Local Democracy Reporter

A senior councillor has agreed that a river wall will be repaired – but chose not to replace the structure. The council has also agreed that they own the wall.

Last month, Powys cabinet member for highways, transport and recycling, (HTR) Cllr Jackie Charlton (Liberal Democrat) had four options in front of her to choose the “most appropriate” way forward that “best meets” Powys County Council’s legal obligations in respect of the Llys Tawel river wall in Ystradgynlais.

The options put forward for the project ranged in cost from  £382,000 to £1 million.

The wall is located at the back of four homes at Llys Tawel on the west bank of the River Tawe as it flows through this part of the town and partially collapsed 18 moths ago.

The wall is 100 metres in length, but 30 metres of the structure collapsed on February 1, 2024.

Erosion

According to the report, the remaining structure shows visible signs of “scour” – this means that its foundations could be affected by soil erosion.

The delegated decision by Cllr Charlton was taken on August 15 and came into force on September 1.

The minutes published by the council on the decision said: “That the wall be formally recognised as a corporate asset, with future inspections and maintenance funded through corporate resource.

“That funding be drawn from the highways capital programme to support the repair of the preferred option; option three blockstone and embankment.”

This preferred option according to council chiefs is: “a tried and tested form of erosion control offering bank protection but would not be reinstated to the original wall level.”

This will cost the council £850,000.

Option Four, which was supported by residents, was for a direct replacement of the retaining wall, providing riverbank protection, which would cost £1 million.

Reassurance

Local Powys councillor Susan McNicholas (Ynyscedwyn – Labour) said:  “It has taken a long time to get to the stage we are now at.

“The residents will rest a lot more easily once the work has been completed.”

The wall was built by Brecknockshire County Council in 1912.

Following the last local government reorganisation in Wales during 1995/1996 the ownership of the wall fell to Powys council as a successor local authority.

But the council’s Highways service refused to take responsibility for the wall and believed that either Welsh Government environment body National Resources Wales (NRW), as the lead authority for main rivers, or the riverbank landowner was responsible for it.

After the wall’s partial collapse, the residents of Llys Tawel engaged lawyers that argued the council as owner of the wall is responsible for it and have a duty of care to: “take reasonable steps to prevent natural occurrences on its land from causing damage to neighbouring properties.”

After taking their own legal advice, Powys council “concluded” that it owns the wall.