Fears a town’s new high-quality stone pavements costing £400,000 could be spoilt by broadband firms’ work and ways to protect them are being looked at by Pendle councillors.
One councillor recently stepped onto the new stones to physically halt the work.
New stone flag pavements have been laid along Albert Road in Barnoldswick. But broadband-laying work recently began this autumn by a company called Nexfibre, which is a Virgin Media and O2 collaboration, councillors are being told.
Pendle’s West Craven Area Committee is looking at the situation and the powers for the borough and county councils to protect valued street features.
Deputy council leader, Liberal Democrat Councillor David Whipp, said Barnoldswick town centre traders recently warned him of broadband contractors arriving with a digger to, they feared, ‘rip-up’ the new pavements.
This was when he physically stepped onto the stones to halt the work. He is calling for the new paving to be protected and for clarity about the situation.
Cllr Whipp said: “Over £400,000 has been spent renewing the pavements with high-quality stone flags.
"Three-inch thick flags were laid to a higher standard on a special bed of mortar to prevent them becoming loose in future. It’d be criminal to rip them up and then reinstate the pavements to a lower standard.
“When I arrived, the contractors had already lifted one flag. I literally stepped onto the adjacent flags to prevent any more being lifted.
"This led to Lancashire County Council and Pendle Council staff getting involved,and eventually the contractors came off the site temporarily.”
Cllr Whipp said he understood Lancashire County Council has not designated the new pavements as ‘high amenity’ fixtures or protected them with a legal notice that would prevent routine digging-up for a number of years.
He has called for a ban on work to the new pavements and talks to find acceptable alternatives for the broadband firms, such as nearby back streets or roads.
He believes the next pavement renewal work is to start in January, and to prevent ‘needless disruption’ in future he suggested the media companies install new ducts.
A report for Pendle Council’s West Craven Committee meeting this month includes a letter to Cllr Whipp from Lancashire County Councillor Rupert Swarbrick, who has a highways and transport remit on the county’s cabinet.
In his letter, Cllr Swarbrick said: “It is a company called Nexfibre, a Virgin Media and O2 collaboration, which is currently carrying out the Albert Road works.
"The government has ordered these works as part of its broadband expansion programme.
“Unfortunately, at the time of writing this letter, we cannot progress your request to introduce a s.58 [street works restrictions] order. This is because the original works were completed by Pendle Council, under a s.171 [street works] licence. Legislation does not allow us to take out a s.58 notice on these types of work.
“As you may be aware, Pendle Council completed the initial works in late 2021 and continued into early 2022. As such, we would not have been able to place a s.58 restriction order on the completed works, even if legislation had allowed, because the restriction would have ended. An s.58 can only be in place for two years.
Cllr Swarbrick added: “I would like to assure you that we are working with Nexfibre to ensure they reinstate the highway to the same standard.
"If Nexfibre falls short of our expectations, we will address these failures through the required legislative processes.”
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