Dudley Council has stated it is legally unable to intervene in a contentious dispute over a deteriorating retaining wall that could leave residents facing individual repair bills of £6,000. Homeowners at Goodrich Mews in Upper Gornal are confronting the prospect of significant personal expense to address a crumbling structure behind their properties, which they fear may lead to soil collapsing into their gardens.
Legal time limit blocks council action
The council has confirmed that its planning enforcement team closed a complaint file on January 5, 2026, following a review requested by Dudley MP Sonia Kumar. A council spokesperson explained that under the Town and Country Planning Act, operational development becomes immune from enforcement action ten years after substantial completion.
The retaining wall in question was constructed as part of the original development around 2009 or 2010, the spokesperson said. This places it well beyond the statutory ten-year period, meaning the local planning authority has no legal power to take enforcement action, regardless of how the wall was originally built.
Historical planning background
The spokesperson added further context, noting that permission to build on the site was initially refused by the council in 2006. However, this decision was overturned on appeal by the Planning Inspectorate. Crucially, there are no existing planning conditions that could now be used to compel remedial works on the wall.
Meanwhile, residents report that after the wall's initial collapse in 2016 was repaired by developers, an agreement was signed that released them from any further liability for additional repairs. Although the wall directly affects twenty homes, all 110 property owners on the estate have been informed they must contribute to further repair costs.
MP demands moral responsibility
Dudley MP Sonia Kumar has been actively lobbying for a resolution, describing the situation as completely unacceptable. She stated: Residents at Goodrich Mews have been living with anxiety and uncertainty for far too long. They were assured the retaining wall had been replaced with long-lasting systems and that previous issues were resolved.
Years later, families now face enormous bills and unanswered questions about how this situation arose, Kumar continued. There is a clear moral responsibility here. Residents should not be exposed to serious financial and safety risks because of historic construction decisions or failures in accountability.
Broader implications raised
The MP emphasised that the case extends beyond a single development, raising significant national questions about:
- Accountability in construction projects
- Long-term building standards
- Protection for residents when structural problems emerge
Kumar concluded: I am urging all relevant parties to engage constructively toward a fair and lasting solution. I will continue pursuing this until residents receive the clarity, fairness and protection they deserve.
The situation leaves homeowners in Upper Gornal facing substantial unexpected costs, with the council confirming its hands are tied by statutory time limits, despite the ongoing safety concerns and financial burden on residents.
