28 January 2011

Bridge Works - Responsibilities of various parties - Correspondence between SDT and EDDC

From: James Semple
Sent: Tuesday, January 25, 2011 7:49 PM
Subject: Re: Serious danger of collapse of bridge over roads in Seaton

Dear Ms Little,

Thank you for your reply.

I note your denial of responsibility on behalf of the Planning service, and your opinion that it lies with the Health and Safety Executive and with the land-owners over whose land the pipeline passes.

However, the Council is also the landowner of a site on which one of the structures under question is to be located, and so this responsibility must also accrue to the Council as a whole.

I should therefore be grateful if you would advise us further as to
what duties of care exist for such land-owners and which officer of the Council we should approach to discuss the situation.

Thank you for your assistance.

James Semple
Seaton Development Trust Ltd

On 25/01/2011 16:53, Kate Little wrote:

Dear Mr Semple

In response to your questions about the structural stability of the overbridge to carry the pipe over the public highways involved, this is not a matter dealt with by the Town and Country Planning legislation, nor by the Building Regulations. The Planning service (which includes the Building Control team) therefore has no legal obligations in this matter.

The structural integrity of the bridge is a matter for the Highway Authority (Devon County Council) over whose land the structure runs and for Tesco who will have Health and Safety obligations to comply with.

Sorry that I am unable to assist you in this matter.

Yours sincerely,


Kate Little

Head of Planning Services

East Devon District Council

Sent: Tuesday, January 25, 2011 7:49 PM
Subject: Re: Serious danger of collapse of bridge over roads in Seaton

Dear Ms Little,

I attach a letter which explains our concerns about the bridge proposed by Tesco to carry the pipeline across roads in Seaton. A signed copy of this letter will be posted to you later today.

I also attach a copy of the drawing in question from your website for 10/1177/MFUL.

Thank you for your attention.

James Semple
Seaton Development Trust Ltd

1 comment:

  1. Hi,the responsibility for the Bridge Structure will rest principally with the sub-contractor who will design, supply & erect the bridge structure to carry the static, dynamic & imposed loads the bridge is required to carry. These loads will be specified by their Client. This may be either the main Contractor who appears to be Pearce Construction, or the sub-contractor bringing in the infill.
    The sub-contractor supplying the bridge will have to have both Public & Professional Liability Insurance sufficient to cover works of this kind.
    However the sub-contractor building the bridge can specify that it is the responsibility of their Client to provide suitable bridge foundations capable of carrying the loads imposed upon them. This is normal practice. Whoever the has the responsibility of supplying the bridge foundations has the Duty of Care in establishing that the foundations are sufficient to carry the loads involved. This normally requires a ground works survey by a suitably qualified Engineer and if required ground bearing pressure tests.
    All Contractors concerned have their responsibilities defined under the CDM (Construction, Design & Management) Regulations 2007.
    There will be a CDM co-ordinator (Usually employed by the Principle Contractor) whose duty it is to collate a CDM file containing all relevant information and to ensure that all Health & Safety Issues have been complied with.
    Both Tesco & East Devon can rightly claim that the responsibilities for ensuring that the bridge will be safe has passed onto the Contractors employed to carry out the work.
    The Chain will now be Main Contractor - Sub-contractor (Infill) - Sub-contractor (Bridge works)
    I suggest that you find out who the CDM co-ordinator is and put you queries to them.