Castle Street could remain closed for months as dispute over ownership of unsafe wall continues

Castle Street in Axminster could remain closed for several more months, as a years-long dispute over the ownership of an unsafe wall continues. 

Following concerns raised by residents and businesses, Axminster town councillors were recently given an update on the situation in Castle Street, which has already been closed for months due to a safety issue surrounding a masonry wall adjacent to the former public toilets. 

The Mayor of Axminster, Cllr Jill Farrow, said the town council was limited in what it could do to resolve this issue, as the wall was not its responsibility.

"We known it's a complete pain for residents and businesses in Castle Street that it's closed but we have no power," she said.

"We know that residents are very concerned about it and we are very sympathetic to their concerns but I'm not sure there's anything more we can usefully do. 

"We have tried very hard to raise it with East Devon District Council (EDDC) and Devon County Council (DCC), but the issue is lack of ownership of the building."

Town clerk Paul Hayward further explained: "Usually with property, your deeds will say whether you own the boundary wall to the left, right, rear or front. In this case, the properties above believe that their boundary stops at the wall, and that the wall only constrains their garden. 

"In this particular case, the wall then continues for a number of metres down to the roadside and it's that section of the wall that's causing consternation."

Mr Hayward said it was Axminster Town Council that initially reported concerns over the safety of the wall, but EDDC and DCC then assessed the situation and put in place the emergency road closure. 

They were now in discussion with residents and occupiers of the above premises, and were trying to ascertain who was responsible for the wall.

"Whoever is responsible will have to put it right, but it most certainly is not Axminster Town Council. We are extending every courtesy and offer of assistance to the residents, DCC and EDDC because someone owns it. 

"The wall is bowing and there's a considerable amount of masonry behind it, so we as a council have a duty of care to protect residents and users of Castle Street, but of course it's causing some inconvenience."

Suzie Daniel, owner of Tower House in Castle Street and the former Chubb motorcycle storage area – the 'old clink' – which formerly adjoined her house, said the issue was having "real impacts" on residents. 

"I have spent hours and hours researching and speaking to the town council, EDDC and DCC about who owns it and have learnt that this is a process that has been going on for several years. Well, someone owns this building, someone has to take responsibility at some point because it is dangerous. 

"I have a personal interest because I live there. My neighbour has lost the sale of his flat because of this road closure, so there are real impacts on people living there and it's a key thoroughfare of Axminster. 

"EDDC building control is saying that it will be closed until they find who owns it. At some point we have to say, sorry, someone has to take responsibility. You can't search for 20, 30 years for an owner who's not going to come forward or who doesn't exist. 

"The owners of the properties above, their deeds say they do not have responsibility for this wall, but if that wall is about to fall down their gardens will collapse as well. Something has to be done."

Ms Daniel, who has submitted a petition to EDDC and DCC calling for action on this matter, said the building also had historical importance to Axminster and should be repaired.

"When I bought my house I was told the tunnel in the house was used to take prisoners down to the old clink, so there's historic importance as well," she said. 

"It is an historical place, why can't it be done up with heritage funding as a tourist attraction?"

The mayor said they would pass her comments on to EDDC and DCC and encouraged Ms Daniel to take her concerns to the district and county ward councillors to follow up.