‘Scaffolding firms should be fined more for permit breaches’

However, there is no obligation on companies to remove scaffolding in Town by the traditional 1 May date, said the Health & Safety Executive.

Zoe Lihou said the constables would also like to see more done to cover installations, citing the example of the boards put up around the former Guernsey Brewery site at the bottom of Havelet during development work, which featured locally-painted artwork.

A Traffic and Highway Services spokesman said there were 11 sites with scaffolding in Town as of Tuesday 26 April, but several of these were due to be taken down before 1 May. Two are set to overrun – at the old Post office and Creasey’s sites in Smith Street. The latter is reportedly due to come down by 9 May and the former is scheduled to have work completed around the 20th.

Mrs Lihou said the constables had asked for information detailing the reason for scaffolding being erected, the location, and the start and finish times for the works, but has not received this.

While the Health and Safety Executive issues permits for 12 months, these relate to the design and structural integrity of the scaffold.

‘There has never been a legally enforceable embargo on the erection of scaffolding’, said a HSE spokesman.

‘Potentially in the past there may have been an historic ‘gentleman’s agreement’ with the St Peter Port constables, but such an agreement has never been formally recorded and it does not exist in law or ordinance and therefore there is no framework for any legal intervention.’

A spokesman for Traffic and Highway Services said that the scaffolding companies usually worked with their clients, mainly builders, to ensure that the work schedule allows for the scaffold to come down before 1 May.

However, once the scaffold goes up and work begins, on occasions more problems may be found.

Another situation, reflected in the current work in Fountain Street, is where the scaffold ends up supporting the building. ‘In some cases, the age of the building/protected status, means that repairs, materials, etc. need to be passed by Building Control, and often require changes to the building requiring further permissions from Ancient Monuments.’

And with the pandemic, many builders and contractors have had problems hiring staff.

‘Covid is a bit of a nail in the coffin, in as much that many projects are running a long way behind due to staff absences, and other parts of the chain breaking down over the last couple of years,’ said the HSE spokesman.

Mrs Lihou said there was a misconception among islanders generally and St Peter Port residents in particular that the constables have the power to have scaffolding taken down, but that was not the case.

The HSE spokesman said it was for the dutyholder – most likely the principal contractor for the project, or the builder doing the work – to ensure that scaffold was inspected regularly and remains safe after it is put up. If there is a breach of the permit a £500 fine could be imposed.

‘That’s not prohibitive at all,’ said Mrs Lihou, who would like to see more punitive fines.

‘I don’t mind scaffolding per se, it’s just the fact that it’s so ugly. Other cities have living walls, which just bring some aesthetics to the party.’

Sites could also have hoardings disguising the scaffolding, which could be decorated by artistic islanders.