THE DOCUMENT IS BEST VIEWED VIA A REDUCED WIDTH WINDOW.
This is the first part of a two part account of a formal, corporate
complaint against North Tyneside Council about the management of
Marden Quarry Park first registered on 24th August, 2015. This first
part was prepared for prior submission to councillors on the
Regulation and Review Committee in stage 3 of the Council's
complaints procedure. In the event the Council declined to allow
continuation of the complaint to the stage 3 procedure.
The second part provides
further correspondence with the Council including the Council's
reasons for denying a stage 3 process and an exchange of
correspondence with a representative of the Local Government
Ombudsman.
Complaint Stage 1 Response 8 September 2015 and Response 20 September
Management of Marden Quarry ParkThe periods and dates relating to periods/dates for the topics listed below are various.1. Failure to maintain depth of lake by dredging and/or chemical
means leading to risks to wildfowl (in particular, swans) from anglers'
lines and hooks.
2. Failure to keep lake outlet grille clear leading to flooding of the
north west edge and erosion of lakeside and island banks.
3. Failure to heed advice supplied on methods for clearance of blockages
of the outlet grille.
4. Failure to heed advice supplied on the frequency of clearance of
blockages of the outlet grille.
5. Failure to prosecute persons responsible for blockage of the lake
outlet grille leading to severe flooding of the surrounding area lasting
some months (late 2012/early 2013).
6. Failure to remove unauthorised external grille assemblies in a timely
manner.
7. Failure to remove litter from Marden Park leading to its accumulation
and risk of harm to park users and dogs due to broken glass.
8. Failure to remove traffic cone for several months after
the event that justified its placement in the park, leading to it being
deposited in the lake.
9. Failure to remove large pieces of wood/sleepers (after a specific
request to do so) from the lake after they had been dislodged by the high
water created by flooding of the banks.
10. Failure to cut back vegetation overhanging the lake water leading to
reduction of lake depth in addition to that from silt arising from
settlement of waterborne debris delivered by inlet flow over tens of
years.
11. Allowing a poorly designed and executed repair of the stone wall at
the north west edge of the lake.
12. Creation of a new poorly engineered "whinstone dust" path adjacent
to the foot of the bank from Studley Gardens.
13. Illicit use of section 106 funding of new path (see 12).
14. Failure to maintain the existing "whinstone dust" path at the north west of
the lake.
15. Blocking of lake outlet grille with sandbags leading to flooding of
the north west edge following recent rainfall and failure to remove
despite requests.I would like a full response for all the topics within the complaint and
a clear statement of remedial action.Regards,Robin Smith
Corporate Complaint ref 101370770I am in receipt of your complaint forwarded by the Customer Liaison Office regarding the Management of Marden Quarry Park. I will take each of your comments in turn:1. Failure to maintain depth of lake by dredging and/or chemical means leading to risks to wildfowl (in particular, swans) from anglers` lines and hooks.Constant dredging to remove silts is costly and churns up sediments. It is also one of the most widespread myths about ponds that gradual silting up of ponds as succession proceeds is undesirable, and a large part of pond management has often focused on controlling and reversing this process.The main effect of sediment accumulation is to reduce the depth of open water. As the pond becomes shallower, wildlife interest is likely to be less associated with open water and aquatic habitats, and more with marsh and swamp habitats. Since deep open water is a specialised habitat used by comparatively few species, removing sediment is not a crucial activity.The Big Waters Angling Club holds the licence for fishing in Marden Quarry and is bound by a code of conduct agreed and reviewed by relevant officers and club representatives annually. The silt level in the lake has never been raised as an issue for causing potential harm to the wildfowl when fishing in the lake.Anglers who fish in Marden Quarry have complained of the shallow level of the lake.During the last year there have been at least 3 occasions when Swans have been injured by entanglement with fishing tackle. Risk of this has been increase by the much reduced depth.No remedial action proposed.2. Failure to keep the lake outlet grille clear leading to flooding of the northwest edge and erosion of lakeside and island banks.Outlet grille has been cleared and maintained in accordance with the advice and direction by North Tyneside Council’s asset management team, Capita’s surface water infrastructure project engineers and North Tyneside Council’s biodiversity officer.This is not true. See http://www.rlsnortheast.co.uk/temp4/MardenPark.htm. The outlet grille has not been cleared effectively, leading to it becoming blocked again in a shorter time than had any clearance been done thoroughly.No remedial action proposed.3. Failure to heed advice supplied on methods for clearance of blockages of the outlet grille.Outlet grille has been cleared and maintained in accordance with the advice and direction by North Tyneside Council’s asset management team, Capita’s surface water infrastructure project engineers and North Tyneside Council’s biodiversity officer.See response to claim under topic 2 above. Advice given to Parks DevelopmentOfficer has either been ignored or not acted upon by park wardens. I ceased further correspondence with the Parks Development Officer when this became apparent.4. Failure to heed advice supplied on the frequency of clearance of blockages of the outlet grille.Outlet grille has been cleared and maintained in accordance with the advice and direction by North Tyneside Council’s asset management team, Capita’s surface water infrastructure project engineers and North Tyneside Council’s biodiversity officer.This point was addressed directly at a Meeting held on 7th July 2014 regarding Marden Quarry, the minutes of which state:“RS – feels that the grille should be cleaned out more often. (RS – Robin Smith)IL explained that the quarry is a balancing pond and that a twice weekly clean is adequate.” (IL – Ian Lillie)Refer to our (park users) comments on the 7 July 2014 meeting notes. In particular: -“RS stated that the grille should be cleared according to need rather than simply twice a week as stated by PP. With the amount of blanket weed that grows on the lake during summer months more frequent clearance of the outlet grille is needed in order to ensure the balancing pond functions as intended without frequent flooding of the lowest boundary at the NW edge. When floating weed gathers near the grille, it blocks the wire mesh as the water level rises following heavy rainfall. It does not flow over the top of “any detritus dam that (is) collected against the grille in between these clears” for long. Furthermore, the static head between the lake water level and the level within the grille is lost in the ‘waterfall’ over the wire mesh rather than in the path through the notch (the opening in the wall where the old grille was fitted) to the down side of the sluice gate.”See also exchange of email messages between RS and Jerry Dronsfield of NTC, dated 12 January 2015.No remedial action proposed.5. Failure to prosecute persons responsible for blockage of the lake outlet grille leading to severe flooding of the surrounding area lasting some months (late 2012/early 2013).The severe flooding in Marden Quarry began on Thursday 28th June 2012 and was a result of the torrential rain which left roads closed, rail services cancelled and hundreds of homes flooded and without power across North Tyneside. Marden Quarry acts as a balancing pond for the surrounding housing areas and the flooding here was not designated a high priority when it came to alleviating the issues with the outflow, which was not simply down to one blockage. The drainage and engineering works that have been ongoing since this occasion are coordinated by North Tyneside Council’s asset management team, Capita’s surface water infrastructure project engineers and highways engineers in partnership with Northumbria Water and the Environment Agency. If there is a particular issue with an individual and their behaviour that you would like to make us aware of please send evidence for us to investigate further.The flooding caused by the very heavy rainfall on 28 June 2012 that has been referred to as “thunder Thursday” is not the flooding referred to in topic 5. The water level after “thunder Thursday” fell to near normal over a couple of weeks. The later flooding referred to in topic 5 is illustrated in a short video posted to YouTube -http://tinyurl.com/pqvnt8r that is also referred to on - http://www.rlsnortheast.co.uk/temp4/MardenPark.htm . The cause of this flooding was an unauthorised “chicken wire/wooden frame” assembly that was removed from one of the lake outlet chambers. The responsibility for this unauthorised blockage has been confirmed by a former member of the council’s cabinet and two former council officers.6. Failure to remove unauthorised external grille assemblies in a timely manner.
As mentioned in point 5 above, other areas in North Tyneside are higher priority for flood defence and prevention schemes. However attention was given to Marden Quarry’s outflow culvert once the high priority areas were under control.The reference in 6 is to unauthorised external grille assemblies and was not known # about by the NTC Asset Manager until I referred them to him. These assemblies were all made of something that looked like it came from someone’s kitchen and held in place by a brick, appeared within a day or so of my reporting, to the regular park warden, the idea for a new grille outlined to me by the NTC Asset Manager. Both the park warden and her regular confidante, about whom many complaints have been made, denied any knowledge of these assemblies but they were not removed until a period of weeks had elapsed.# Also, apparently not known by the Parks Development officer.7. Failure to remove litter from Marden Park leading to its accumulation and risk of harm to park users and dogs due to broken glass.Marden Quarry is maintained by the park warden who has to split her time on duty between other parks in the local area. Additional support is provided by the park warden team but also local park users and volunteers who play a key role in the maintenance of Marden Quarry. The cleanliness of the Local Nature Reserve is considered to be of a high standard. This is recognised by the Green Flag Award which has been consistently achieved for 4 years where it has been independently judged both by appointment and without any prior notification or announcement. As with all public open spaces litter is a constant challenge, when litter is missed and then reported to the council we aim to remedy the situation within 1 working day. I am pleased to report no incidents of harm befalling visitors, pets or wildlife have been reported due to broken glass in Marden Quarry.Litter needs to be removed every day and this is aided by regular park users who have picked up bottles and broken glass. Volunteers should not be expected to keep visiting the well-known “grot spots” that are invariably created by youths, often visiting late evenings and sometimes staying overnight. Dog walkers have raised their concerns about broken glass and one dog # had a badly cut paw requiring expensive treatment by a vet within the last few months. # The dog will be known to the regular park warden as “Brodie”.8. Failure to remove traffic cone for several months after the event that justified its placement in the park, leading to it being deposited in the lake.It is regrettable that the cone ended up in the lake and apologies that it was not removed from Marden Quarry sooner.
The traffic cone was removed by police officers after my request to them on their completion of an exercise in the lake using a motorised inflatable boat.9. Failure to remove large pieces of wood/sleepers (after a specific request to do so) from the lake after they had been dislodged by the high water created by flooding of the banks.Removal of any item from an open body of water is only carried out after conducting a thorough risk assessment which takes into account the person carrying out the task, the appropriate equipment for the task, the available support and various other factors. If the danger is too great and the health and safety of the individual is deemed to be at risk by performing the task then it will be postponed until the hazards are able to be reduced or removed completely. The arrangement is in place for the warden to call upon members of the angling club at the appropriate time in the year to ask them to do a clearance of the water using their boat. Normally this takes place in the autumn and this will be when the sleepers are able to be safely removed.The specific request to remove the pieces of wood/sleepers referred to was made to JD during a walk around with myself. They were in the area of the reeds, on the east side of the lake, and on the heavy deposit of silt/decaying vegetation there. He advised that there should be no problem of sinking into the mud if a wooden plank were used to walk over it to access the pieces of wood and other litter.10. Failure to cut back vegetation overhanging the lake water leading to reduction of lake depth in addition to that from silt arising from settlement of waterborne debris delivered by inlet flow over tens of years.Marden Quarry is a nature reserve and by definition we encourage vegetation growth and will only cut back where there is a perceived issue or problem. There is a long belief that ‘too much’ vegetation is in some way undesirable. In fact, there is no ‘right’ amount of vegetation for a pond; all stages of vegetation development from the sparse bare vegetation of new ponds, to the lush dense stands of a late succession pond are potentially valuable habitat. Perhaps the commonest pond management problem is too little vegetation, not too much.The response is largely irrelevant to this complaint.No remedial action proposed.11. Allowing a poorly designed and executed repair of the stone wall at the Northwest edge of the lake.The work carried out on the lake edge wall was assessed before, during and after completion by the appropriate officer / team in North Tyneside Council (Ian Lillie / Asset Maintenance). The contractor used is also approved by North Tyneside Council.I don’t believe this. It could not have been designed by a competent engineer who would have assessed the function of the modification proposed. (Please see also the exchange of emails with the Capita project engineer mention under topic 15 below.)12. Creation of a new poorly engineered "whinstone dust" path adjacent to the foot of the bank from Studley Gardens.The path was created as a route for visitors to use when the lakeside path is unavailable due to the balancing pond flooding this lower route during periods of heavy rainfall. As the photograph clearly shows this path does exactly what it was designed to do and offers visitors a completely dry route to follow when circulating around Marden Quarry. The need and desire for this path was expressed on several different occasions by various visitors to the quarry, completing the on line survey, taking part in public events like the community meeting arranged last summer with the residents, police and parks team and through enquiries made directly to the park warden, council officers or local ward councillors.When the NW edge of the lake is flooded due to failure to keep the lake outlet clear, and most obviously after the recent ‘sandbagging’ (and the proposed modification of the sluice gate), the path gets flooded on the west side of the lake beyond the “lower route”. The new path does not offer a completely dry route around the lake. The flooding of the NW edge ceased when volunteers resorted to clearing the outlet properly in late June 2014 and there has been no flooding of the NW edge until the recent ‘sandbagging’. Older users of the park have advised that the NW edge was not prone to flooding as often as those visitors who think otherwise. The need for a properly engineered reconstruction of the NW edged has again been referred to the Capita project engineer who carried out the ‘sandbagging’.Standard details of Whinstone dust paths can be found here - http://tinyurl.com/pj6lghy - the new path does not comply with that used for the older paths that used a “geotextile” underlay as revealed by successive flooding of the west side of the lake referred to in the paragraph above. The new path is not raised above the original ground level, nor has it been extended to the kissing gate entrance. The path has had two pipes underneath for reasons not understood unless it was thought that large amounts of water would rush down the north bank during heavy rainfall! Both pipes project beyond the width of the new path and are largely blocked by undergrowth.No remedial action proposed.13. Illicit use of section 106 funding of new path (see 12).106 funding can only be released after completing a detailed appraisal form which includes consultation with ward members on any project. All the necessary documents were submitted, approved and processed. Money was used appropriately for improvements in Marden Quarry Local Nature Reserve.I don’t believe this. What planning application was this work linked to? Council members have complained about the lack of consultation with them on a series of section 106 agreements.14. Failure to maintain the existing "whinstone dust" path at the northwest of the lake.Monthly health and safety checks are carried out and the maintenance regime is prioritised by the findings of these assessments. The whinstone dust paths are all on the management plan to be top dressed as and when required. All paths are currently fit for purpose and have no outstanding health and safety issues reported.The path around the northwest edge has not been maintained as described. Beyond the small bridge it has been turned into a muddy track with no sign of whinstone dust there.No remedial action proposed.15. Blocking of lake outlet grille with sandbags leading to flooding of the northwest edge following recent rainfall and failure to remove despite requests.As Marden Quarry is managed as a Local Nature Reserve and the water levels had reduced to extremely low levels the project engineer had been contacted to provide a solution this situation. The sandbags have been added to increase the water level by slowing the outflow through the culvert. It has always been the intention to review this in accordance with seasonal weather changes.I will forward one of my email exchanges with the Capita project engineer rather than repeat extracts here. The sandbagging has caused flooding of the northwest edge of the lake and the blockage of the lake outlet grille has resulted in a hardly discernible drop in the water level during days without rain. The sandbagging has resulted in flood water over the east side defeating the object of providing an alternative path to a slippery bank for access to the outlet for clearance of the grille. To avoid the flooding the range of low to high water level needs to be increased by repair of the stone wall and use of an earth backfill. The sandbagging has reduced this range, as would raising the sluice gate, the proposed alternative mentioned by the project engineer. To increase this range the northwest edge needs to be raised by 20/30 centimetres if nothing is done to increase the lake depth by removal of many years of accumulation of silt and decaying vegetation.I do hope that you are satisfied with this response to your complaint, but if not you may be able to ask for the matter to be examined under Stage Two of the Complaints Procedure. If this is the case please write within ten working days of receipt of this letter, setting out your reasons, to the Customer and Member Liaison Office, North Tyneside Council, Quadrant, The Silverlink North, Cobalt Business Park, Newcastle upon Tyne, NE27 0BY. If we do not hear from you by 23rd September 2015, we will assume that you do not wish to continue with your complaint and it will be closed.
Dear Mr. MacDonald,Following our discussion last Monday (2 November, 2015) it occurred to me that it might be helpful to have the photographs I have forwarded in one place, as this may benefit your further investigations with council officers. I have uploaded them to a webpage - http://www.oldexmothians.co.uk/rls/temp4/Photos/thumb.html . The link takes you to a page of thumbnails which name the graphic file if you float a mouse cursor over each of them. Clicking on a thumbnail will open a much larger view which in turn has a short note attached that can be viewed also by floating a mouse cursor over it.I have added one graphic - Pipes - which are of the pipes running under the new path at the foot of the Studley Gardens bank.I have also attached to this note a marked-up photograph of the (fabric) underlay of the path at the NW of the lake. This has been exposed by repeated flooding.Regards,Robin Smith
Dear Mr. MacDonald, Friday 12 February, 2016Formal Complaint - Stage Two (Ref: 101370770)Re: Management of Marden QuarryThis letter is in response to yours dated Monday 1 February 2016. I am still not satisfied with the response to my complaint, largely because of the lack of any documentation that might support the claims that have been made to you during your investigation. That was my first reaction on reading your letter but I decided that I should further expand on my reasoning and have done so by adding a series of comments within a copy of your letter on the following pages.Aside from the 3 recommendations that you have made there is little constructive. The complaint is against the poor management of the park over recent years and there is little to indicate that any of the service areas responsible have responded with ideas for improvement.My main concern is for the long term future of Marden Quarry Park. This could be jeopardised by flooding unless action is taken to prevent it. I have a developed a number of ideas during the period of your investigation, gathering evidence from measurements around the lake, on-line literature research, views of the local anglers and from recent discussions with Northumbrian Water Ltd. representatives.I believe these might satisfy the interests of the anglers, other regular park users, the need to maintain/improve the environment of the park, and make the job of keeping the lake outlet clear easier. They require changes to the outlet structure and to the boundary of the lake. I have asked, via a ward Councillor, for a discussion with the relevant NTC officer before final decisions are made about further work related to flood prevention in Marden Park.Yours sincerely,Robin SmithPS I apologise for any odd formatting of this letter which may have arisen due to incompatible word processing software.Report by Mr MacDonald dated 1 February, 2016
Dear Mr. Smith,Formal Complaint - Stage Two (Ref: 101370770)Re: Management of Marden QuarryI write in response to your complaint which primarily relates to a number of issues you have raised concerning the Council’s management of Marden Quarry.You requested that your complaint be investigated at Stage 2 of the Council’s corporate complaints process.This was accepted on 28 September 2015 and I was the Senior Manager nominated to undertake this.Firstly, I would like to thank you for your patience whilst I investigated your complaint. You provided a number of documents and photographs much of which we went through and clarified at our meeting on 2 November 2015. The issues raised involved talking with a number of Council services and understandably time was required to properly consider what I had found.Secondly, my investigation has concentrated on the response provided to you on 9 September 2015 from Pixie Phelan at Stage 1 of the Council’s formal complaints process and the matters subsequently put forward in your response to that on 28 September 2015.I found our meeting to be particularly helpful in order to understand the issues raised which you did not believe were dealt with sufficiently at Stage 1. The outstanding concerns surrounded the following areas:1. The depth of the lake and the Council’s failure to maintain it properly2. Clearing the grille, including previous issues of sandbagging and the use of chicken wire3. Littering4. Removal of matter from the lake such as vegetation, wooden sleepers and a traffic cone5. Repairs to the stone wall at the north west edge of the lake6. The engineering and maintenance of the Whinstone dust path (at Studley Gardens)7. Use of Section 106 funding8. How we recognise the Friends of Marden Quarry group1. The depth of the lake and the Council’s failure to maintain it properlyIt was explained at Stage 1 that removing sediment from the lake is not a crucial activity and that it had not been raised previously as an issue, particularly in relation to causing potential harm to wildfowl. You explained to me that swans have been injured and the risk of this has increased by the reducing depth.You provided a supporting photograph of a swan attached to a line and highlighted that Siltex (and other similar products) are available to reduce organic silt.The Council has received no other reported concerns from park users about the silt levels in the lake and there is no apparent evidence to suggest that silt levels causes swans added danger.It was anglers of BWAC who expressed their concerns about the depth of water to me in the first instance. About the injuries to swans; I provided photographs of the 2 of the swans of the 3 that had been injured over a period of about 12 months. Injuries were as a result of swans reaching down to the bottom of the lake in areas where anglers had fished without such problems over many years.You sought clarification about the status of the sluice gate and whether it was working properly.I did not seek clarifications about the status of the sluice gate. I am aware that the sluice gate is stuck and cannot be moved from its current fully open position. I knew this from my own observations when the interiors of the two outlet chambers were opened in the company of Mr. Lillie in 2013, when he cleared the old inlet grille with a trident. I had also been advised that the sluice gate had become inoperable in earlier years by anglers. It was due to the failure of the park wardens to clear the old inlet grille that it was noted the lake level had not been falling as quickly as it should after the level had risen and after a period of days of no rainfall. The sluice gate has become inoperable due to lack of maintenance by the Council.I had also been informed by Mr. Burnett, the Project Engineer responsible for having sandbags placed against the new grille in July 2015 that the sluice gate was immovable and that was the reason for introduction of the sandbags, resulting in flooding of the NW edge from August to early December 2015.Incidentally, in my visit to Marden Quarry in company with representatives of Northumbrian Water Ltd. (NWL) it transpired that NWL thought the sluice gate was of a conventional design (one that when raised a gap is opened at the bottom to let water out) whereas it’s design is better known as a penstock weir gate (that, if raised would block water flow out of the lake).There have been problems with the sluice gate and it is not operating properly. Engineers initially believed the problem was due to the mechanism being seized and a contractor was employed to free it.This did not work and a more substantial issue was discovered which potentially involves replacement. I know, from recent email exchanges you have had with the Council (reference Ian Lillie) that you are aware of the involvement of Northumbria Water.The sluice gate is STUCK. There is a case for replacement of the gate with a conventional one so that the lake level may be reduced by raising it. I have had useful discussions with NWL linked to the separation of lake water from the combined sewer in Burnside Road, and to the increased quantity of water flow into the lake from developments to the north of Rake Lane on the proposed Murton Gap housing site.You have not dealt with the ideas I sent to Mr. Burnett in my first response to an email he sent explaining the reasons for use of sandbags. In an email message (22 July 2015) I explained the problem of low lake water level and gave some ideas for dealing with the issues subsequently raised in my complaint: -“At the end of this note I have copied in the most recent entry I made to the page www.oldexmothians.co.uk/rls/temp4/MardenPark.htm. The lake level has remained low since the middle of May and there has been no sign since of the blanket weed that caused problems of blockage of the wire mesh during late spring and summer last year. This has been attributed to low rainfall earlier this year and lower than usual spring temperatures.”“Anglers would prefer a greater depth of water than when the jetty at the NW edge is uncovered - the deeper the water - the bigger the carp grow! It has been estimated that the water depth is 1 - 2 ft less than it was 40 years ago when the lake was created, due to organic debris from the surrounding vegetation and settlement of silt from the water fed into the lake over this long period. In addition, the unauthorised blockage of the outlet towards the end of November, 2012 caused a prolonged period of flooding that eroded the banks of the lakeside and islands, causing the depth adjacent to these to decrease. The greatly reduced depth of the lake increases the risk of swans in particular, reaching down to bait/hooks lying near the bottom.”“Anglers report that some 20 -30 years ago the lake level would normally be such as to uncover the jetty and with a depth great enough to avoid risks to wildfowl due to angling (which has been allowed since the park was opened in the early 1970s).”“With the sluice gate stuck in its current position, the lowest level is determined by the bottom of the hole where the old grille was fitted. From the measurements recorded below the "normal" low level would just cover the jetty leaving (only) 10 cm rise in level before there is a risk of water spilling over the rebuilt wall along the NW edge. Bearing in mind the problem of blockage of the wire mesh due to blanket weed and the future addition of water from a flood prevention scheme upstream of Rake Lane (that NWL have yet to design) it would be worthwhile to raise the NW edge by another 10 cm or so using stones with backfill, but incorporating one or two ramps for the birds to gain easy access to the (formerly) grassed area.”“One of the BWAC (Big Waters Angling Club) bailiffs has learned of an alternative to dredging to remove silt and other organic material by discussion with the operator of fisheries in the NW of England. I have suggested he approach the council at senior management level to explain the process.”“I have advised Jerry Dronsfield that clearance of any outlet grille blockage by such as blanket weed should be done according to need rather than routinely as frequently as twice a week. The need can be judged at present as when the jetty is fully covered - a rise of only 8 cm above the current minimum.”“Hope these notes are helpful!”As to the topic of how often the grille should be cleared, below is an extract from an email from the Customer Liaison Office (Karen Willis) received 20 December 2014 (my underlining):-“The outlet is cleared out twice weekly at a minimum and this includes when the warden is on leave. Staff keep a written record of when this work is carried out and any debris collected is removed from the area completely. It is believed that when debris is being moved onto the top area and not being removed altogether, it is falling behind the mesh grill from the top and moving further into the pipe where it is more difficult to remove. We continue therefore to ask that only council staff undertake the task of removing any debris for reasons of health and safety and so as not to cause any detrimental effect to the outlet.”Commentary on the failure by council staff to clear the outlet is made in the MardenPark.htm document – see especially the update made 22 July 2014. From the year between July 2014 to July 2015 the lake water level was reduced and held at a level that did not flood the North West edge, by the intervention of volunteers.2. Clearing the grille, including previous issues of sandbagging and the use of chicken wireIt was explained at Stage 1 that the outlet grille has been cleared and maintained in accordance with professional advice. You sought further explanation particularly around risk assessments and how cleaning/clearing is supposed to be done.I have established that there is a schedule in place to clear the grille twice a week. However engineers have advised that this approach needs to be constantly monitored dependent on water levels.Ultimately, it is a service area decision; and based on other management priorities within the Quarry; as to the frequency of cleaning.The absence of any documentation to support the claims make on the schedule and procedure for clearance of the outlet is one of the weaknesses in your report. On these and other topics no documents supporting claims (by others) that you have reported have been supplied.The Council has a health and safety risk assessment in place covering open lakes and, in relation to clearing of debris, it states that entering the water should be minimised and not attempted alone.The mesh grille was installed to prevent items which could cause potential blockages in the outfall pipe. There are no plans to remove this.The addition of the wire mesh adds to the problem of blockage of the outfall from the lake, requiring increased maintenance to avoid flooding. At this time of year the source of blockage is mainly of twigs. These have got lodged in the wire mesh holes making it more difficult to clear outlet thoroughly even when this is done standing in the lake. (The twigs will probably need cutting with secateurs to remove them from the mesh.)You raised concerns about sandbagging of the grille and that this had caused flooding issues on the North West edge. Given the sluice gate is not operating properly, sandbagging was introduced to control the height of the water during the summer (when the weather was warm and the water level was getting very low). This was only a temporary solution.It is not a SOLUTION, temporary or otherwise.The Quarry is managed as a Nature Reserve and there is an objective in the management plan to allow for limited flooding around the edge of the lake. It states: ‘Diversity:The site also contains an area that is subject to seasonal flooding at the western fringe of the pond.Specific Management Objectives:
1(iv) Allow limited flooding of grassed areas around the edge of the pond during the winter, to encourage wading birds.’This addition has clearly been made recently to reflect a statement made by Mary Carruthers in a heated argument started by her with me in January 2014 when she appeared from inside the warden's cabin. (False statements about my confronting Ms Carruthers were later made to thepolice by two members of the park staff and I was subsequently asked to attend Wallsend police station for a voluntary interview.)You are concerned that the cause of the flooding in 2012 was caused by the unauthorised “chicken wire/wooden frame” assembly that was in place at the time. I have viewed an exchange of correspondence on this issue that you had with Council officers in 2013 where it was explained that the flooding issue within the quarry was caused by significant blockages within the drain downstream of the outlet and the “chicken wire” grill was incidental to the issue. Specifically, the flooding was as the result of root ingress and detritus building up in the outfall pipe over a number of years.That the “chicken wire” grill was instrumental in prolonging the severe flooding of the Quarry over the period from late November 2012 to mid-February is not doubted by council staff, by contemporary observations by regular park users, and subsequent accounts by council staff and Cllr. Hodson. Reflection on the poor maintenance of the outlet with the old grille in place observed later suggests lack of maintenance was also key to the difficulty found in getting the lake level to drop and explains why a JCB earth mover had to be employed. The chicken wire frame was only removed in the middle of February, 2013.The following are contemporary notes recorded after a conversation with Mr. Burnett on 19 August 2013: -19 August 2013 - 'phoned Martin King's no. again in afternoon - spoke to Michelle who advised me to ring Andrew Burnett, Team Leader of the Surface Water Team. I did and Andrew B was clear that Ian Lillie had nothing to do with the outlet grid/grill - that it was illegal for anyone to interfere with the outlet without authority. He also told me that Mary C and a chicken wire arrangement was responsible for the flooding of the lake and indicated by what he remarked that unauthorised meddling was prosecutable! Andrew confirmed that a new grill had been fabricated and this would be fitted, but did not say when.3. LitteringIt was explained at Stage 1 that the cleanliness is considered to be of a high standard, as independently recognised by a Green Flag award that has been in place for a number of years now. You point out that there are problem areas, litter needs to be removed every day, and you suggest that the park should be closed from dusk ‘until dawn (with the exception of anglers).You acknowledged that the situation relating to littering had improved and singled out a park warden for praise. Dealing with littering remains a priority. I am advised by the service area that, given the open nature of the space, closure of the Quarry between dusk and dawn would neither be practical or effective. Experiences of managing other parks informs this view.The cleanliness has been improved more recently with the regular park warden occasionally visiting the high level “grot spot” referred to in the “Marden quarry” facebook page that I mentioned to you in our conversation.It is clear that extra effort goes in to spruce up the area each year in anticipation of the Green Flag award inspection which takes place at an appropriately favourable time of year!The dusk to dawn curfew could be enforced by occasional neighbourhood police visits.4. Removal of matter from the lake such as vegetation, wooden sleepers and a traffic coneIt was explained at Stage 1 that removing items from the lake needed to be done with health and safety in mind therefore this can take time. An apology was issued at Stage 1 concerning the length of time it took to remove the traffic cone.Your view is that the Council is slow to act on things that are specifically pointed out. There is little I can constructively add to the response that has been provided at Stage 1 other than to acknowledge your observation that undesirable items should be removed more quickly if practicably possible.I note that volunteer days take place where various seasonal tasks such as cutting back vegetation for example are undertaken at the direction of the park warden.5. Repairs to the stone wall at the north west edge of the lakeIt was explained at Stage 1 that the work undertaken was assessed by the appropriate personnel within the Council. You were not convinced by this. The wall has seen several stones fall into the lake over the years. An action to retrieve and replace them was added to the management plan for the Quarry.A detailed assessment revealed that it would not be a simple exercise to retrieve stones from the water and reinstate them. The Friends of Marden Quarry indicated they had funds available to assist with the filling of the gaps in the wall and, with that offer in mind, a plan was put together with input from the Asset Management team.The Asset Management team confirmed to me that they have no issue with the standard of works. Ideally, a greater scope would of course have been welcomed however this was restricted by the amount of funds available. Consideration of improvements to the lake edge is an ongoing issue and we would hope undertake further upgrades in the future should further funding become available.Some stones at the NW edge were pushed into the lake by a park warden, as observed by an elderly, regular visitor to the park, about 4 years ago. There are many other parts of the original stone work, including that adjacent to the lake outlet, that have vanished into the lake over the years due to lack of an appropriate, long term management strategy. After the work referred to some of the stones towards the west beyond the bridge were apparently kicked off by vandals last year.It is the poor design that is being criticised. The stone wall is not high enough to have a significant influence on the incidence of flooding over the wall; an inappropriate mortar has been used to seal gaps between the added stonework – a backfill of earth would have been more effective as well as creating a barrier to the stones being kicked into the lake by vandals.I have come to believe that the Friend (sic) of Marden Quarry's ideas are sometimes well intentioned but not thought through, and pandered to by park warden staff.6. The engineering and maintenance of the Whinstone dust path (at Studley Gardens)It was explained at Stage 1 that the path was created as a route for visitors to use when the lakeside path is unavailable due to the flooding of the lower route during periods of heavy rainfall, in the context of the balancing pond function.You are concerned that the route is not always dry and that the path is not to standard.A Council approved contractor undertook the works. The specification includes a geotextile membrane sub-base as part of the construction. The pipes are installed in line with the water run-off ditch which has shaped the surrounding landscape to channel any potential water under the new path rather than over the surface.As mentioned in point 5 above, the budget for the path project was limited to the funds available and decisions made concentrated on providing greatest impact. Currently the paths are all considered to be of a standard that does not pose a risk to the public. The service area intends to set aside some funding next financial year to top dress certain areas of the paths to address deterioration to ensure health & safety is maintained.To avoid confusion about the paths, there are three paths involved. There is an existing path that runs to the bridge that was created using Whinstone dust. The Whinstone dust did not run beyond the bridge to the west. The new path runs along the bottom of the bank beneath Studley Gardens.On the day that this new path was installed I photographed the activity and saw no sigh of the underlay. Another daily visitor was also there on the same day and told me he saw nothing of an underlay. The third path runs from the west side to meet the new path and the route from western end of Studley Gardens. This old path had become a muddy track with pieces of underlay visible. It was repaired with Whinstone dust on the same day as the new path.
I think you have misunderstood my response about the path that gets flooded and so does not allow a completely dry route around the lake. The path referred to in topic 12 of my complaint is on the west side of the lake beyond the “lower route”. This path being referred to is that where the underlay of the Whinstone dust has been exposed by flooding. A larger area has been exposed recently by the flooding caused by sandbagging. (I uploaded a marked up photograph of the area to illustrate it.) Simply top dressing this part of the path would not be an adequate long term repair.7. Use of Section 106 fundingIt was explained at Stage 1 that Section 106 funding was legitimately accessed for the new path. Youwere not convinced by this and wanted more information.
On 20 March 2014 the sum of £2,730 was allocated to the Quarry against Planning Application, Ref: 13/00235/FUL. This followed consultation with Ward Councillors earlier that month. The basis of the project was to improve the existing path running from Studley Gardens after damage caused by flooding; and ð.ð Installation of an additional path to improve access around the site in times of heavy rainfall. Planning applications can be viewed on the Council’s website at: http://idoxpublicaccess.northtyneside.gov.uk/online-applications/I have traced the section 106 document that is linked to the planning application for a building towards the bottom end of South Parade in Whitley Bay. The document refers to the use of section 106 funding for Marden Quarry for enhancement of its biodiversity. How is this aim achieved by building the new Whinstone dust path?The two Ward Councillors that I consulted at their Saturday surgeries did not recall the consultation and one reported the discontent Councillors had expressed about section 106 projects that had gone ahead without prior consultation. I found the document that I downloaded had content causing me to suspect its integrity but time has not allowed me to examine it further.Other MattersIn addition to investigating the specific points raised in your complaint, I was mindful that your fundamental concern relates to the Council’s management of the Quarry. In broad terms, I took from our conversation that you believe the Council’s management is poor and you are concerned about how it is seemingly influenced by volunteers.My complaint was headed “Management of Marden Quarry Park”!The Friends of Marden Quarry have been recognised by the Council for some time and this is explained on the Council’s website at: Friends of Marden Quarry. With the help of volunteers the Quarry has become a successful public space notably being declared as a Local Nature Reserve in 2005.The Friends of Marden Quarry were formed in 2003/4 for the promotion and subsequent implementation of a plan to improve the Park. At the time, it had the wide support of a diverse membership from the local community. It has declined over the years to become dominated by one person who indulges in the harassment of the local anglers and other park users, and is, according to one of her acquaintances, “her own worst enemy”.I have considered your concerns here when arriving at my recommendations.RecommendationsHaving considered the issues raised, my recommendations are as follows:1. Reduction of silt via Siltex or other organic products - The Environmental Services Team, with advice from the Biodiversity Officer, consider whether this provides a viable option for the lake and review whether this should remain a non-crucial activity.Reason: To provide assurance that this approach has been fully considered.I am assured by a member of Big Waters Angling Club that there is a chemical treatment using a product that is as effective as and much cheaper than Siltex. The Council should investigate this product and the established procedure for its application by seeking advice from V S Fisheries Ltd. (http://www.vsfisheries.co.uk/) The process is not a quick fix, particularly for a lake with a large accumulation of silt and organic matter from the vegetation surrounding the lake. The increase in the depth of the lake will aid a reduction in the growth of algae (blanket weed) that causes blockage of the grille. A report must be written following the investigation so that the process can be seen to be properly assessed and to allow a peer review.2. Complaint and Enquiry handling – The Environmental Services Team provide designated methods of contact for you to report issues of concern about the Quarry.Reason: To address the concern that the Council is slow to act when matters are brought to its attention.Any procedure should not be confined to me. It should be applicable to all regular park users. It should not be confined to complaints and should encourage park users to suggest ideas for improvement of the recreation and leisure activities so that there is a greater involvement and a sense of ownership. The team managers should put in place measures to check that claims by front line staff that actions (such as clearing the outlet grille and replacing missing signs, plus the regular annual maintenance procedures claimed in the updated Management Plan) are actually carried out by front line park staff (or others more suited to the tasks) are actually carried out in a timely manner.3. Operation of the Sluice Gate – The Engineering Team provide an update by the end of February on the status of the sluice gate and the proposals for ensuring it’s functionality going forward.Reason: It has been highlighted during investigations that the sluice gate is not operating as it should.This scope of work is inadequate, bearing in mind the experience of poor drainage from the lake over recent years and the much higher inflow of water from the additions to surface water drainage created by flood prevention schemes in a much larger catchment area. From discussion with NWL I am assured that it is taking the issue of drainage to/from the Marden Quarry lake responsibly but I have no confidence in NTC demonstrating its related responsibilities for the maintenance of free flow out of the lake (assumed by NWL in its hydraulic model simulations) and the significant structural modifications to Marden Quarry needed to avoid damage due to increased risk of flooding there.This concludes the outcome of my investigation at Stage 2 of the Council’s complaints procedure. I do hope that you will be satisfied with this response, but if not you can ask, within 10 working days of this letter, that the matter be examined further under Stage 3 of the Council’s complaints procedure. This would involve consideration by a committee of 3-5 councillors, to which you would be invited to attend. If this is the case please write, setting out why you are dissatisfied with the response and what you are seeking as an outcome to your complaint, to: Customer Liaison Office
Dear Mr. MacDonald,
Thank you for the update.
I am aware that no council officer has contacted VS Fisheries regarding the use of chemicals for de-silting the lake. I learned by emailing VS Fisheries that it does not have relevant experience, contrary to what I had been advised. I subsequently contacted the operator of the northern fisheries who provided information on his experience with chemical de-silting to one of the BWAC bailiffs last year. I am currently awaiting the response of a fisheries officer working for the Environment Agency. When I have gathered all the information I will pass it on to whoever you can identify as relevant in North Tyneside Council (NTC). Subsequently, I will leave the topic to the local anglers' representatives to pursue with NTC.
Please note again, that increasing the depth of the lake will reduce the amount of algae growth during late Spring and Summer and thus reduce the degree of vigilance needed to clear the outlet grille. The risk to swans is currently low due to their being only two left, whereas there were as many as eleven two years ago!
I do not wish you to send me another report that I would reject. Aspects that I wish to see acted upon are the recommendations in your February report and provision of a conviction on my part that constructive actions to improve the management of Marden Quarry park will actually happen within a reasonable time scale.
Regards,
Robin Smith
Wednesday 1 June 2016Dear Mr. Smith,Formal Complaint - Stage Two (Ref: 101370770)Re: Management of Marden QuarryI write to formally respond to your letter of 12 February 2016 where you outlined a number of comments and observations concerning my letter to you dated 1 February 2016.We had a site meeting at the Quarry on 29 February 2016 where we walked around and informally discussed your ongoing concerns. Following that I know that we have kept in touch by email and that I was appreciative of your patience whilst I undertook some further enquiry.My letter of 1 February 2016 outlined the following areas that concerned you:1. The depth of the lake2. Clearing the grille, including previous issues of sandbagging and the use of chicken wire3. Littering4. Removal of matter from the lake such as vegetation, wooden sleepers and a traffic cone5. Repairs to the stone wall at the north west edge of the lake6. The engineering and maintenance of the whinstone dust path (at Studley Gardens)7. Use of Section 106 funding8. How we recognise the Friends of Marden Quarry groupI thought it would be sensible to keep to the above structure in providing this response which is detailed below.1. The depth of the lakea). Swans & WildfowlYou remain concerned about the welfare of the swans and commented that anglers from the Big Waters Angling Club (BWAC) have expressed their concerns to you about the depth of water.The BWAC have an established system for Marden Quarry where members need to log issues with club officials and/or the Park Warden so that they can be investigated. There have been no reported incidents from BWAC appointed club representatives to the Park Warden.The Council’s Biodiversity specialist has advised that swans and other wildfowl will remain in areas where there is open water and food availability. Water levels periodically rise and fall due to climatic conditions and wildfowl generally tolerate these changes, unless levels become so low that they are not able to support birds.Any reported animal welfare issues will always be investigated appropriately by officers within the Council.You point out that you were already aware that that the sluice gate was not operating properly and are of the view that this is due to lack of maintenance by the Council.There have been difficulties with the operation of the sluice gate in recent years culminating in the mechanism becoming fully jammed. It is clear that the sluice gate has reached the end of its serviceable life. Work was undertaken in Autumn 2015 to partially free the mechanism as a temporary solution. As part of the Burnside Road Flood Relief Scheme the intentions are to replace the structure with one that is new and more fit for purpose. This work will be undertaken in June/July 2016. This update addresses Recommendation 3 in my response of 1 February where I suggested that an update on the future of the sluice gate be provided.I know that you are watching with interest the works that Northumbrian Water are undertaking and, in close dialogue with them, the Council will monitor the installation and maintenance approach for the sluice gate going forward.c). Ideas expressed for ImprovementsYou highlight concern that ideas you have previously put forward have not been addressed. For example you refer to an email sent to Andrew Burnett on 22 July 2015 which included how to remove silt to increase lake depth, raising the North West edge wall by 10cm, and clearing the outlet grille according to need as opposed to routine.During the course of my enquiry I became aware that you have had contact with a number of members of the wider officer team within the Council about the management of the Quarry. I acknowledged in my letter of 1 February 2016 your overarching concern that the Council were seemingly slow to act when matters were brought to its attention. This resulted in two recommendations being made. Recommendation 1 was that the Environmental Services Team considers whether reducing silt was a viable option and Recommendation 2 was to review how we handle enquiries.As is explained elsewhere in this response, and in my previous response, the Council needs to prioritise improvements within the budgets available. Ideas are always welcome but unfortunately not all can be taken forward and/or implemented immediately.2. Clearing the grille, including previous issues of sandbagging and the use of chicken wirea). Clearing the OutletYou were concerned that no documentation was provided to support the fact that a schedule is in place to clear the outlet. You highlighted that this was a weakness in my report.Documentary information does exist and this was provided to me by the service area during the course of my investigation. My view was that it was not necessary for it to be provided in my response. I have opted again not to provide any documentary information within this response based on the discussion we had on site when you advised that you would have no confidence in what was recorded in any event.I have discussed this matter with Samantha Dand, the Senior Manager for Local Environmental Services. She has agreed with the suggestion that a series of unannounced spot checks be carried out over the summer to assess the condition of the grille against the inspection schedule to understand what changes, if any, should be made.Additional Recommendation: A series of unannounced independent spot checks of the grille be carried out during Summer 2016.c). Mesh Adding to the Blockage ProblemYour view is that the presence of wire mesh adds to the problem of blockage of the outfall from the lakeIt is agreed that the mesh or any type of grille will lead to an increase in flood risk if not maintained. However, rather than causing a blockage in the pipe, the mesh acts as a filter for items which could potentially cause a blockage and it is not envisaged that a situation would develop whereby the grille would get entirely covered with detritus.d). SandbaggingYou highlight that sandbagging is not a solution in any circumstance, temporary or otherwise.In usual circumstances, following a request to raise the level of the water in the Quarry from the Park Wardens, the position of the sluice gate would have been raised to increase the water level.As the sluice gate was inoperable at the time then the next option was to place sandbags to an agreed height in front of the grille to achieve the rise in water level as required. It is accepted that this is not ideal but this was the best solution to raising the water level in the interim as a permanent solution was explored (ref. 1(b) above).e). Quarry Management PlanYou query why the Management Plan for the Quarry includes statements around allowing limited flooding and are of the view that they have been made recently to reflect a statement made by Mary Carruthers in a heated argument you had with her in January 2014.The statement has been included in the Management Plan since it was devised in 2006. The Council’s Biodiversity specialist, who was involved in it’s development, has advised that the Quarry is a Local Wildlife site and Nature Reserve and the management of such sites aim to work with natural processes to enhance biodiversity. The Quarry seasonally floods and some of the flooded grassed areas have the potential to attract wading birds. This is the reason this statement was included within the plan.f.) Conversation with Andrew Burnett dated 19 August 2013You state that, in a conversation with Andrew Burnett from the Council, he stated that Mary Carruthers and a chicken wire arrangement was responsible for the flooding of the lake.I have discussed this with Andrew Burnett. He has no detailed notes of your conversation with him however he can recall that the context of the conversation was that he had heard it said that someone called Mary Carruthers had placed chicken wire into the outlet pipe of the lake and that this apparently to prevent ducklings from becoming trapped in the Chamber. Andrew advises that he also stated that he had absolutely no proof that this was the case.3. LitteringYou acknowledge that improvements have been made but are of the view that that the Council spruces up the Park in advance of a Green Flag inspection, which is undertaken at a favourable time of year.As you would expect, the Council is please that the park has consistently received a Green Flag Award in recent years. This is not only judged by a pre-arranged visit with judges. In addition, ‘mystery shopping’ exercises are also carried out and can take place at any time during the year.More details about the Green Flag Award scheme is available at the following link: http://www.greenflagaward.org.uk/4. Removal of matter from the lake such as vegetation, wooden sleepers and a traffic coneThere were no further comments to consider here.5. Repairs to the stone wall at the north west edge of the lakea). Stones being pushed into the lakeYou state that 4 years ago a Park Warden pushed some stones into the lake and that there are other parts of stonework that have vanished.I have been unable to ascertain any information in relation to this. The Service Area have advised that this would not be condoned since we would always want to save original materials in order to repair / restore them in the future therefore there would be no reason to do this.b). Vandalism of the WallYour view is that the wall has been poorly maintained by the Council and state that it has been recently vandalised.No reports have been received concerning vandalism and the Park Warden team also are of the view that they have not seen damage to the reinstated part of the lake wall. Perhaps you could clarify with the Park Warden directly exact details of your concerns.The safety aspects of the structures at the Quarry are recorded, monitored and coordinated for improvement when necessary and funded within available resources.c). Reconstruction of the WallYou are of the view that the reconstructed wall has been poorly designed.The works were undertaken from privately sourced funding and were gratefully received by the Council. It is accepted the works were limited in scope nevertheless the works undertaken did deliver improvements to the lake edge.6. The engineering and maintenance of the whinstone dust path (at Studley Gardens)You highlight that there seems to be some confusion between us concerning the paths that are the source of your complaint and point out that there are three paths involved. I have taken note of this and have gone back to review both the response I gave on 1 February 2016 and the original response provided by Pixie Phelan on 9 September 2015.It is clear that the availability of the path is linked to the concerns you have about the water levels in the lake and link to the effectiveness of the outlet grille.On 1 February 2016 I observed that all paths are considered to be of a standard that does not pose a risk to the public, which has to be our first and foremost priority. Nevertheless, there is a desire to resurface and/or make further improvements to the worst areas of the whinstone dust paths this financial year in the Quarry. The scope of this works will be dictated by available budgets.7. Use of Section 106 fundingYou query how the biodiversity of the Quarry has been enhanced by spending money in the manner in which we have. A Section 106 contribution was received for biodiversity enhancements at the Quarry. Footpaths are an integral part of biodiversity as they allow controlled public access to enjoy wildlife within the park. One of the ‘General Management Objectives’ within the Management Plan is:-ð To facilitate public access for the enjoyment of nature, non-detrimental to wildlife interests.The new footpaths assist in the achievement of this objective. During times of flooding, the main circulation route becomes submerged and visitors have created their own paths around the site causing damage to the plant life and woodland areas. We hope that by adding a path on the higher ground the access is clearly defined for visitors even in times of heavy rainfall leaving the more fragile habitats undisturbed.In addition to the path improvements funding was provided for educational signs regarding feeding of the birds. Mostly visitors provide bread which is unhealthy and can create a detrimental impact on the natural environment. Educating users therefore helps protect the biodiversity of the Quarry.8. How we recognise the Friends of Marden Quarry groupThroughout your comments you make a number of observations in relation to Mary Carruthers. I have become aware in dealing with your concerns about management of the Quarry that there is an apparent history, including previous Police involvement. It would be inappropriate for me to comment further on this.Going ForwardI note from your letter of 12 February 2016 that your main concern is the long term future of Marden Quarry. The Council, Northumbrian Water, and members of the public all have a responsibility to ensure that that this wonderful local asset and nature reserve is safeguarded and enhanced. You will note that the Quarry continues to be awarded Green Flag status, investment is made when finances become available including the work agreed with Northumbrian Water to renew the sluice gate.This concludes the supplementary outcome of my investigation at Stage 2 of the Council’s complaints procedure. I do hope that you will be satisfied with this response, but if not you can ask, within 10 working days of this letter, that the matter be examined further under Stage 3 of the Council’s complaints procedure. This would involve consideration by a committee of 3-5 councillors, to which you would be invited to attend. If this is the case please write, setting out why you are dissatisfied with the response and what you are seeking as an outcome to your complaint, to:
Customer Liaison OfficeNorth Tyneside CouncilQuadrant, The Silverlink NorthCobalt Business ParkNorth Tyneside NE27 0BYIf we do not hear from you by 15 June 2016 we will assume that you do not wish to continue with your complaint and it will be closed.Yours sincerelyColin MacDonaldSenior Manager, Technical & Regulatory Servicescc: Customer Liaison Office
Dear Mr. MacDonald,Thank you for your further report forwarded to me with email dated 1 June, 2016.I now consider the stage 2 process of the Council's complaint procedure completed in view of our mutually agreed wish of not to engage in a tennis match!I am not satisfied with the outcome due to the absence of documentary evidence from the Council, the absence of any statement from the Council's responsible service area(s) that might persuade me that remedial action dealing with topics raised under my complaint has (or will be) taken place, and two additional statements in your recent report that I believe to be untrue, one of which I believe to be the result of a lie.I understand that it is up to the Council whether or not stage 3 of the procedure will take place. In any event this could not take place before the end of July due my being overseas and other commitments of my time.Regards,Robin Smith
Dear Karen,In response to your email message dated 18 June, 2016: -1. Documentary evidence sought.Written submissions to Mr. MacDonald by council officers in pursuit of his investigation arising from my complaint.Copy of record of clearance of outlet grille made by park staff.Professional advice on clearance and maintenance of outlet grille - or procedure for same as of 2014/15 and any subsequent revision to same.Risk assessment covering open lakes.Current version of the Management Plan for Marden Quarry Park.
Version of the Management Plan that includes statement about an action to restore and replace stones.Specification for the new path below Studley Gardens and other associated workscope under the applicable section 106 planning obligation.Records of consultation with ward councillors on proposed implementation of planning obligation funded work.Specification for the reconstruction/repair of wall at NW edge of lake and associated work scope..Purpose - to provide credence for statements in stage 1 and stage 2 responses to my compliant.2. Service Area Statements.The stage 2 investigating officer is not part of any service area involved. There are no actions proposed by the service areas involved to satisfy the complaint. Commitments by relevant service areas need to be made. The service areas are not identified.
3. Two statements believed by me to be untrue.a. That nobody in a relevant service area was aware of subsequent damage to the repaired wall at the NW edge of the lake. The attached photographs show the damage within a day or so of it being done and that it has been repaired.b. I refer you to Mr. MacDonald's letter/report dated 1 June 2016 - see page 4 - under Marden Quarry Plan - and to the bottom of page 2 and top of page 3 of Mr. MacDonald's letter/report dated 1 February 2016. The statement about limited flooding was not in the version of the Management Plan I received from you with an email dated 20 February 2014. Subsequently, I supplied copies of the same document marked up with comments in the form of "sticky notes", a feature allowed by Adobe Reader, to ward councillors and the Parks Development Officer.If the statement was passed to the investigating officer via the Parks Development Officer, it is a lie.Regards,Robin Smith
This note is a further response to your email message dated 29 July 2016.It is not for me to specify precise actions to be taken by North Tyneside Council (NTC) to satisfy my complaint; it is for NTC to take actions that might be aided through constructive engagement. The action that NTC propose should be based on consideration of: -1. All those topics listed in my complaint that I have entered the remark "No remedial action proposed." in my response to the stage one officer's statements.2. The 3 recommendations of Mr. MacDonald in his first letter/report of February, 2016. I have no evidence (written or otherwise) of these recommendations being acted upon.3. There is no evidence of another recommendation in Mr. MacDonald's letter/report of June, 2016 under paragraph 2 being carried out. If there is, then I would like a report on the findings so far and this should include dates, times and by whom the "unannounced independent spot checks" were carried out.4. As to the depth of the lake and the "inoperability of the sluice gate", also referred to in Mr. MacDonald's June letter, no work has been carried out although Mr. MacDonald advises replacement of the structure would be undertaken in June/July, 2016. I am not dissatisfied with this lack of progress as I would like to know what is proposed before it is done. This applies to all proposals for any structural changes in Marden Quarry Park, a request made to the Senior Manager, Environmental Services at a meeting involving, Mr. Dronsfield and Mr. Scott, also a regular visitor to Marden Quarry. (The request was that such proposals should be advertised on the notice board so that park users might enquire for more information and comment if they wished.)I refer you to a webpage uploaded in February about the use of sandbags that led to prolonged flooding of the NW edge of the lake. From this you may judge the reason behind my doubts about ideas for improvements proposed by the NTC service area responsible.On the same theme I refer you to the 3 sets of photographs attached to this note. At the head of each set there is a question? I would like these to be answered by whoever is the responsible NTC service area manager.Regards,Robin Smith