Coal shoot manhole cover broken - Council won't repair?

[Davidg1230]

I live in Battersea, SW London in an end of terrace Victoria property that has an old dis-used coal shoot off the footpath. The cast iron cover has recently cracked and meant there is a possibility of a passer-by falling through (300mm dia only). The coal shoot and void underneath this cover are still there but upon contacting Wandsworth see if they would repair the cover, they have stated it's our responsibility even though its on the pavement.

Hopefully this makes sense, but I'd like some advice if they can legally do this as it's technically on our demise and a public highway.

I've attached a photo of the repair TFL have carried out this temporary repair this morning (plastic cover shown in the photo) and I can post another picture soon of the actual manhole.

Where do I stand legally, can I challenge Wandsworth further?

[des8]

Re: Coal shoot manhole cover broken - Council won't repair?

I think it will be your responsibility (just considering pub cellar accesses)

The Highways Act 1980(a little after your build!)

180Control of openings into cellars etc. under streets, and pavement lights and ventilators.

(1)

No person shall make an opening in the footway of a street as an entrance to a cellar or vault thereunder without the consent of the appropriate authority, and where an authority give consent under this subsection they shall require the person to whom the consent is given to provide a door or covering constructed in such manner and of such materials as the direct