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This page will give you an update of what is happening with our town wall, in the light of its maintenance.

NEWS ITEM

East Anglian Daily Times - Thursday 18th March 2004

A MEMBER of Colchester's famous Town Watch has made a scathing attack on the state of repair of the historic Roman walls. Jess Jephcott said that instead of being a major attraction for tourists, the oldest walls in Britain had been left to crumble and in some places even become an eyesore. His concern prompted him to take photos of some of the worst affected parts and place them on a website, which details the history of the town. Colchester Borough Council spends around £2,000 a year on the upkeep and maintenance of the walls with much of that spent on clearing dead grass and weeds. On his website, Mr. Jephcott says that the walls were built nearly 2,000 years ago when the town was a Roman hillside stronghold during the occupation, but asks: "Does anybody care? It's only a silly old wall."

The site then shows a series of pictures, including some taken of overgrown grass on banks leading up to the sections that back on to private gardens. In another shot, he shows Duncan's Gate on the north face of the wall claiming vegetation is crawling all over it, uprooting the masonry. Mr. Jephcott said: "It's unbelievable what's happening here. They are just being neglected with grass overgrown, masonry falling off and weeds and tree routes just being allowed to seep through and make it all look. "I recognise that the council can't foot the bill by itself, I don't think they spend enough. "But we need more involvement – these walls are a national treasure. If you look at Chester, they really look after their walls," he added.

By general recognition, Chester has some of the best-preserved walls in the country. Although some of the main upstanding sections in that town were built in the Dark Ages – well after the Romans left – they are built on Roman foundations. The city prides itself on its walls with tourists and shoppers free to walk above them, flitting between department stores and the multi-storey car parks that have been built with the ancient structures in mind. In comparison, one of Colchester's car parks, in Priory Street, blocks visitors from inspecting the walls close up.

However, Keith Nicholson, head of Leisure Services at Colchester Borough Council, said this would soon be remedied by removing the car park. He also said the walls would be made a central feature of the plans for the regeneration of the St. Botolph's quarter. But he insisted there was no neglect. "There was a major project to repair the walls in the 1990s when Essex County Council and English Heritage spent almost £500,000. "In fact, Colchester council has just agreed a £50,000 capital programme to repair some sections in Priory Street. "£2,000 is probably not enough for yearly maintenance, but there's not enough money for everything that we want to do. "If these people complaining want to come up with some possible solution, then they are free to do so," he added.

No one from English Heritage, the organisation responsible for funding the maintenance of designated national monuments, was available for comment yesterday.

(East Anglian Daily Times - 18th March 2004)

Comment - Note that Keith Nicholson is alleged to have stated that there was no neglect!

1/04/2004 - Email sent to English Heritage requesting an explanation of why they are not taking action.

Anon 2/04/2004 - I am not sure this is of use, but it might be. I notice, on investigation, that the EH ‘Essex Historic Towns Extensive Urban Survey’, conducted by the Archaeology Section, Essex County Council, does not appear to include Colchester per se, which is the subject of a separate Urban Archaeological Database. It might interest you to know, that EH have paid Colchester Borough Council Urban Archaeological Assessment grants (so far) that total £36,295.00 (GBP) to conduct this survey.

Britarch 11/4/2004 - Coming very late to this but I thought it worth pointing out how poor the care of the Roman walls in London are. The section near the tower of London was consolidated over 10 years ago now and they made a complete cock-up of the restoration failing to understand the structural history of the wall. Difficult to explain without being there but there is a section through the wall which was particularly interesting because the east side had Roman tile courses to above head height, while the western side had Roman tile courses only to knee height. The reason being that at some time in the past, the inner (western) face of the wall had sheered off and collapsed, destroying the neat Roman courses and tile courses on one side of the wall. It had been rebuilt but the tile courses and neat Roman coursing had been replaced by the typical post Roman wall without neat courses using reused Roman material. It was a nice teaching section, you could look at the section, show the tile courses ending half way along the thickness of the wall, and show the line marking the collapse of this huge section of wall and its rebuilding in a different style in a different period. English Heritage (I assume) gets in the wall conservation 'experts', who completely ignore the evidence of the collapse of the wall, and EXTEND THE TILE COURSE ACROSS THE THICKNESS OF THE WALL. Thus on the uncollapsed eastern side you have a genuine Roman tile course, and on the western side you have a pathetic one tile thick pretence of a Roman tile course stuck on with modern concrete! Ignorant or what!

27/4/2004 - Repeated email to English Heritage requesting an explanation of their position, as they seem to have ignored the 1st April email. To date, no reply has been forthcoming.

FRONT PAGE COVERAGE IN THE ESSEX COUNTY STANDARD OF 30th APRIL 2004

WHOSE WALL IS IT ANYWAY?

Ownership row over ancient monument by David Grocott, chief reporter for Essex County Standard. Friday April 30, 2004.

No one is sure who owns large parts of Colchester's ancient town wall. Although the council believes it owns "more than half" of the historic structure, a question mark hangs over other parts of the monument with neither the council nor private landowners willing to step forward and take responsibility. Many believe the confusion is leading to delays in maintenance which are, in turn, damaging the ancient treasure. This week the council officer in charge of the wall said ownership brought with it "maintenance liability" and some parts were not owned by the council. The confusion is particularly pronounced at a "disgraceful" stretch of the wall behind homes in Roman Road. Here the council is confident it does not own the remains of the wall. Equally confident are the home-owners who vehemently deny their control of the deeds. Resident Angela Hammond said: "I would like to know why, if it is considered to be privately owned, the council recently sent workmen to clear the trees, bushes, etc from the structure? Surely it would have been necessary to have acquired the owner's permission to do so." And neighbour Wendy Anderson said: "It is an ancient structure. It's like me owning Colchester Castle. As far as we are concerned we don't own it." Resident Colin Nicholson also denies ownership. In the past he has called the council a "neighbour from hell", accusing it of allowing the wall at the end of his garden to collapse. However, Keith Nicholson, head of Colchester Council's leisure services, said: "Having looked at the deeds we believe that wall is in the ownership of individual householders. Our understanding is that they have the maintenance liability. "Some are more aware [of their ownership] than others. What we would hope to do along that stretch of wall is seek a new solution and work out what financial responsibility the home-owners might or might not have. "At the end of the day, the responsibility lies with English Heritage." Asked how much of the wall the council does own he said: "More than half". John Egan, chairman of the Colchester Civic Society, said: "We don't want to see the wall fall down with everybody denying responsibility for who should look after it." The council also denies ownership of the long stretch of wall in Vineyard Street. Philip Wise, curator of Colchester Castle museum, said: "I couldn't put my hand on my heart and say we own that stretch." Fiona Duhamel, estate services manager, said: "I think we can assume the wall is in the ownership of the shops above." This was surprise news for Sarah Nattrass, manager of the Minerva Chocolate shop, one of the shops on top of the Vineyard Street stretch of wall "We have never been aware that we could own the wall. I don't think the boss would be too happy if there was a cost involved." Rob Brown, of historical re-enactment group the Town Watch, said he thought the question of ownership was "ludicrous" and at Roman Road the arguments had already allowed the wall to fall into a "disgraceful state". "It is just ridiculous. The council can find the money to move office. They can always find money apart from for our heritage." Mark Davies, the council's former curator of archaeology and resident of Castle Road, said: "What he [Mr Nicholson] is doing is introducing a hurdle. The council has undertaken to manage the wall whatever the ownership." A spokesman for English Heritage said the issue of who was responsible for the wall's maintenance was complex and would be discussed between English Heritage and whoever is revealed to own the wall.

EDITORIAL COMMENT - Writing is on the wall if we don't accept responsibility.

No doubt Basildon would be delighted to take it on. Ipswich certainly has nothing like it. Nor Chelmsford, Cambridge, Norwich or even London. Our Roman Wall is an amazing, ancient structure, which has served this town well as a means of defence and could now be a brilliant magnet to tourists. The wall makes Colchester stand out head and shoulders above other towns in the region and could, with investment, become far more famous. Yet what happens? A legal stalemate over the ownership of the wall has emerged, while the structure cracks and crumbles. The problem for the council is money. But ducking the problem by trying to foist responsibility on to private landowners is a false economy. Unless something is done soon, the problem will get worse and cost more in the future. And every day we fail to show off the wall to its best advantage is a delay in attracting more visitors and an embarassment to Colcestrians. Colchester Council needs to take responsibility for the situation now. The wall is a public treasure, so public funding should be found to make sure it is preserved for generations to enjoy. Even if the council coffers can't be stretched to carry out vital maintenance work, surely other avenues of funding can be explored.

Britarch 1/5/04 - It is not surprising that the Colchester Town Wall has got to be in multiple ownership - that is only to be expected - it has probably been a lot of people's property boundary for a lot of centuries. The problem here is not with the Borough Council or the County Council or English Heritage, it is simply a product of our antiquated heritage legislation. There's not much the Council can do here. Because the wall is both listed as a building of architectural interest and scheduled as an ancient monument, the scheduling, being the older legislation, takes precedence. That means that no-one - apart from the Secretary of State - has any legal responsibility for rescuing/repairing/conserving it. The local authority does not have a role in scheduling, and English Heritage cannot require people to maintain scheduled monuments. If the wall was just listed, the planning authority could serve notices on the owners requiring them to carry out repairs, but scheduling removes that power from them. We had several cases where we successfully asked to de-schedule listed structures in order to give them better protection! The Secretary of State could, if so inclined, undertake works at the government's expense, or tell English Heritage to, but can only prosecute people who actively damage scheduled monuments - mere neglect is not an offence. The short-term answer is to petition the Secretary of State to take action. Why not e-mail your MP? The longer-term answer is to reform the legislation to bring it into the 21st century. The ancient monuments acts go back to 1882, and they look their age. Still, at least the 1979 Act introduced a requirement for owners to get scheduled monument consent before they carried out works - before that, the wall's various owners would only have had to notify the Secretary of State of their intention to demolish, or rebuild with breeze blocks, or whatever! [names removed to provide privacy to the individual].

Britarch 5/5/2004 - No, the council is not wrong, and no, it's not that an unusual situation. It's only too easy for the ownership of walls to become unclear over centuries - especially when buildings have been built against them in past centuries, and/or parts of one wall have formed the boundary for many parcels of land in different ownerships. Deed plans in the past didn't necessarily delineate exact responsibilities for boundaries. In England, responsibility for repairs of a Scheduled Ancient Monument rests with the owners, except where the SAM is in the care of the Secretary of State (in which case, English Heritage takes responsibility on behalf of the Secretary of State). The responsibility for the cost of repairs is the owner's, not the Secretary of State's. The owners need the Secretary of State's written permission to carry out repairs, that is, Scheduled Monument Consent. The Government Department that currently has responsibility for Scheduled Monument Consents is the Department of Culture, Media and Sport. [names removed to provide privacy to the individual].

contradicted by,

Peter Richards of the Essex County Planning Office who states that:

4. Urgent repairs

It may come as a surprise to some planning authorities that some of the the most important buildings in their areas may fall into disrepair without the local authority being able to take any formal steps to redress the matter. The Wheat and Barley Barns at Cressing Temple are a typical example. A large site here is a SAN (Essex No 211). The two barns are listed Grade I. Recently it became apparent that some urgent repairs were required to the wall of one of the barns, but the local authority, because the site is scheduled, are precluded from serving a Section 101 or 114 Notice. Apparently the only way in which such repairs to a SAN can be enforced is for the DoE to go in and carry them out. As a consequence of this position, the District Council are left with a feeling of helplessness when they see a major building in their area in disrepair; and in this particular case it is ironic that the council concerned is one who give historic building conservation a high priority, and who would readily have served a Section 101 Notice to ensure urgent repairs..........

to be found at:

http://www.ihbc.org.uk/context_archive/14/spoilt_dir/spoilt_s3.htm

 

18th June 2004 - The Essex County Standard reported that a new sign has gone up on Duncans Gate to give an interpretation of how things might once have looked. As to action to repair and conserve, absolutely nothing! More talk and promises - but no action! Nothing from English Heritage either. Following recent elections, we have a change in the council's power structure with a new Conservative party leadership. Heritage issues have not been mentioned in their plans!

8th September 2004 - I made an inspection of the Priory Street section to see whether any work had been done to repair the damage to the bastion. Absolutely nothing! As to a reply to my enquiries to English Heritage earlier in the year. Absolutely nothing!

27th September 2004 - Rob Brown was interviewed by local radio station SGR, highlighting the lack of progress with conservation or repair.

14th October 2004 - Letters written to Bob Russell MP; Councillors Hume, Lucas and Twitchen of ECC; English Heritage, Tessa Jowell, Secretary of State for Culture, Media and Sport.
  • Kay Twitchen, Cabinet Member for Environment, Heritage and Culture for Essex County Council who had no comment to make and who referred him to her deputy, Councillor Jeremy Lucas.
  • Norman Hulme, deputy to the Cabinet Member for Environment, Heritage and Culture for Essex County Council. Mr Hulme also referred him to Councillor Lucas.
  • Jeremy Lucas, deputy to the Cabinet Member for Environment, Heritage and Culture for Essex County Council. Also one of the fourteen core members of Colchester 2020, the local strategic partnership, all described as being influential local community leaders. To date, no reply has been received.
  • Bob Russell, MP for Colchester. To date, no reply has been received.
  • English Heritage. Deborah Priddy, Inspector of Ancient Monuments for English Heritage, responded, acknowledging the problems with the town wall and referring him to Mr Philip Wise of Colchester Borough Council.
  • Tessa Jowell. An acknowledgement was sent on 11th November 2004 re-iterating the points of concern and referring us to the Borough Council or the Museum Services.
18th November 2004 - Letter received from Councillor Kevin Bentley giving a positive response to our concerns over the condition of the town walls and confirming the release of essential funding to commence refurbishment works in Priory Street. The work would start early in the new year, the winter weather being a factor in the start date.

11th January 2005 - Evening Gazette - As previously advised by Councillor Bentley, announcement that work is starting on repairs to bastion 2 and other sections of the SE section of the wall. I have recently received confirmation from councillors Bentley and Spyvee that plans are afoot to start work on the collapsed east wall, although no dates are known as of yet. Another winter of frosts will take their toll!

21st June 2006 - Evening Gazette. £150k to be spent on town wall! Brilliant news - if it happens.

 

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