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Thread: how to remove an illegal scaffold

  1. #1
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    Default how to remove an illegal scaffold

    I have a complex set of related questions.

    A scaffold was erected without my permission by the local authority using a contractor. It was claimed my roof was dangerous and the scaffold was put there to catch tiles (!)

    The scaffold was drilled into the facade (ie fixed) of my listed building without listed building consent which was waived by the local authority. Is this legal?

    The magistrates found that the local authority were wrong and that my roof was not unsafe. (This was a section 77 AND a 78 from the 1984 Building Act.)

    However the scaffold was not removed. The scaffold 40 feet long and 20 feet high overhung the pavement kerb and was caught by a lorry recently (it has now been there 18 months) - this bent the scaffold and also tore down one section (which ripped a 20 foot long hole in the lorry.) Should a scaffold so close to the kerb be allowed. There was no barrier.

    The scaffold was then adapted by cutting off bent bits with a grinder and removing the fallen section. The posts nearest the kerb were doubled up with adjacent (scaffold) posts but several of these do not touch the ground. The end two also do not touch the ground at all ie the last posts furthest away from where the lorry impacted. All these posts (nearest the kerb) had been shifted by about 6 inches by the impact.

    The scaffold has no lights; does not allow pedestrian access anymore; no visible license and its supervision list was out of date (when the impact occurred.) The scaffolder claims he no longer owns the scaffold (his name was on the supervision tag) he says he sold it to the local authority and the 'new' structure has been signed off as complete and now supervised by a local council officer (with just his christian name and mobile number.)

    Where do I find if it has a license (there is none attached) and how do I get it removed given that this council officer knows the guys in the highways department who I would contact to have it checked. The same guy knows the local police too who ignore the magistrates judgement which they have been shown.

    The scaffold was a class 3 scaffold but is now classed (on its supervision tag) as load class 1. Can that reclassification occur! What does it mean?

    Can a local authority own scaffold and can one of their officers be signed as responsible for it ie are they insured? And who is responsible for the accident!?

    Sorry lots of questions - any input would be much appreciated. I simply want the scaffold taken down even if I have to hire privately - but I don't even know how much that would cost.

    What would you do to get this scaffold removed?

  2. #2
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    Have you taken legal advice? Or maybe contact your local newspaper?
    Its a local authority problem not a scaffolding one by the sound of it.

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    The local authority can do all of the above,unfortunately for you,their employees only receive very light training and subsequently know not a lot about anything and plenty of buck passing takes place,i would get a roofing survey done by a reputable roofer and an independent engineers report but highlight any damage caused by the wagon impact,thus armed with reports you'll probally have to repair any roof work required,then see a solicitor in regards to suing the authority for damage caused to your property and recouping any costs incurred,if your a little cute about this you should be able to recoup your roof repair money within this,hope this helps,good luck

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    If what the scaffolds' doing is illegal, can you not call the police and have it arrested?
    Cientos aplicados, seis fue elegido!!!

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    Doesn't the good old British Bobby have enough to do keeping tracks on all those muslim terrorists and illegal immigrants without having to go round apprehending all the illegal scaffolds in the UK?

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    But I like apprehending illegal scaffolding
    Cientos aplicados, seis fue elegido!!!

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    Tell some pikeys the can have it if they take it down!

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    Quote Originally Posted by ellegirl View Post
    I have a complex set of related questions.

    A scaffold was erected without my permission by the local authority using a contractor. It was claimed my roof was dangerous and the scaffold was put there to catch tiles (!)

    The scaffold was drilled into the facade (ie fixed) of my listed building without listed building consent which was waived by the local authority. Is this legal?

    The magistrates found that the local authority were wrong and that my roof was not unsafe. (This was a section 77 AND a 78 from the 1984 Building Act.)
    Did the council have the scaffold erected before applying to the Magistrates for an order?
    Were you ordered to attend before the Magistrate under section 77 (1a) if not ,why not?

    However the scaffold was not removed. The scaffold 40 feet long and 20 feet high overhung the pavement kerb and was caught by a lorry recently (it has now been there 18 months) - this bent the scaffold and also tore down one section (which ripped a 20 foot long hole in the lorry.) Should a scaffold so close to the kerb be allowed. There was no barrier.
    Some HGV's go out their way to hit scaffolds, the local authority will set the distance from the kerb as part of the conditions of the permit.
    The scaffold was then adapted by cutting off bent bits with a grinder and removing the fallen section. The posts nearest the kerb were doubled up with adjacent (scaffold) posts but several of these do not touch the ground. The end two also do not touch the ground at all ie the last posts furthest away from where the lorry impacted. All these posts (nearest the kerb) had been shifted by about 6 inches by the impact.
    Why don't they touch the ground?
    Have they cantilevered the scaffold or is it because of the impact?


    The scaffold has no lights; does not allow pedestrian access anymore; no visible license and its supervision list was out of date (when the impact occurred.) The scaffolder claims he no longer owns the scaffold (his name was on the supervision tag) he says he sold it to the local authority and the 'new' structure has been signed off as complete and now supervised by a local council officer (with just his christian name and mobile number.)
    Why don't you phone Christian?
    Where do I find if it has a license (there is none attached) and how do I get it removed given that this council officer knows the guys in the highways department who I would contact to have it checked. The same guy knows the local police too who ignore the magistrates judgement which they have been shown.
    Join the Masons.
    The scaffold was a class 3 scaffold but is now classed (on its supervision tag) as load class 1. Can that reclassification occur! What does it mean?
    Christian thinks it might be a bit dodgy.
    Can a local authority own scaffold and can one of their officers be signed as responsible for it ie are they insured? And who is responsible for the accident!?
    Yes, Yes, Yes and I doubt if the scaffold crossed the road without looking.
    Sorry lots of questions - any input would be much appreciated. I simply want the scaffold taken down even if I have to hire privately - but I don't even know how much that would cost.
    What would you do with it once it's down?
    What would you do to get this scaffold removed?
    Climb on the Town Hall roof and start throwing the roof tiles all over the car park.
    Last edited by SWIFTY; 10th July 2013 at 09:26 PM.
    .

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    aom (10th July 2013), frederik (10th July 2013), Mills 90 (27th April 2014), scaffy 1980 (10th July 2013), stonedrose1 (6th August 2013), sun xv (11th July 2013)

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    Quote Originally Posted by bigfish View Post
    The local authority can do all of the above,unfortunately for you,their employees only receive very light training and subsequently know not a lot about anything and plenty of buck passing takes place,i would get a roofing survey done by a reputable roofer and an independent engineers report but highlight any damage caused by the wagon impact,thus armed with reports you'll probally have to repair any roof work required,then see a solicitor in regards to suing the authority for damage caused to your property and recouping any costs incurred,if your a little cute about this you should be able to recoup your roof repair money within this,hope this helps,good luck
    Elle, your best bit of advice so far.

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    bigfish (21st July 2013)

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    Agreed, swifty's was funnier though.

  14. The Following 3 Users Say Thank You to aom For This Useful Post:

    bigfish (21st July 2013), frederik (10th July 2013), SWIFTY (10th July 2013)

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