Email to ELB 31st Mar 2015

From: Michael Dawson
To: emma.lewell-buck.mp@parliament.uk
CC: 6 Residents, Greens Place and Harbour View.
Subject: Slipway Cover, River drive, South Shields (2 with refs).
Date: Tue, 31 Mar 2015 14:26:32 +0100
Dear Emma,
Eighteen months ago my former neighbour, Miss Melanie Todd wrote to you in September about our concerns regarding a development described as ‘Approved boat repair shelter at Tyne Slipway, River Drive, South Shields’ and asking to meet with you. I understand at the meeting, the Residents expressed concerns that, firstly, it was being built on River Drive, and secondly, that the framework had not been built to plan.
We now have an admission from South Tyneside Council that the repair shelter was built without planning permission. This admission had to be prised out of the Council: the Principal Planning Officer, Mr Cunningham was still telling a Residents’ Association at a meeting on November 25th 2013, organised by one of the Ward Councillors that it was built to an approved plan. I would like to point out here that he had not changed his point of view in correspondence with me in January 2014.
I pursued this with his boss the Planning Manager who initially said that the measurements were in accordance with the approved plans. In February 2014 however, after some reasoning from me, he conceded that the repair shelter was not built to approved plans.
The Head of Development Services, Mr Mansbridge, would not admit to the fact that it was built 3m higher than approved and in a letter to residents in May he said “The approved dimensions of the steelwork are: Proposed height 15.5m at the River Drive end, Proposed length..” etc. He has not produced any plans that support this and there are none in the public domain, either, that show the shelter to be built to an approved height. It is significant that South Tyneside Council will not say who signed off the shelter when building Control issued the Completion Certificate on June 17th 2014.
Customer Advocacy, the team that respond to Stage III complaints on behalf of Mr Swales, the CEO, admit to the repair shelter being built without planning permission and this completely changes the complexion of the development on the slipway, River Drive (now UK Docks, formally Tyne Slipway) and I would like you to look into why it has been allowed to be built without planning permission and that the Planning Department are considering an application dated June 20th 2014 (just 3 days after the first shelter was signed off) to build an even larger shelter alongside the existing one.
I understand that you will be busy with the impending election but may I ask you again to meet with the residents affected by continual disturbance of the ship repair facility allowed to built on River Drive, see their point of view, and give them support in stopping the further expansion of this inappropriately located shipyard.
Kind regards
Michael Dawson
South Tyneside Council Refs:
Case 248789 – Work continuing on unplanned shelter.
Case 253539 – Fundamental questions raised in Petition evaded & abuse of Complaints System.
Case 266782 – STC accept planning application ST/0461/14/FUL to build an even larger shelter.
Local Government Ombudsman
Ref: 14 015 052

Posted in Misinformation/Misrepresentation, MP | 1 Comment

Conduct of a Ward Councillor

From: LEWELL-BUCK, Emma <emma.lewell-buck.mp@parliament.uk>
Sent: 06 September 2017 12:30
To: Michael Dawson
Subject: RE: Conduct of Cllr Anglin re UK Docks
Dear Michael
Thank you for your email and I had a lovely summer thank you.
In relation to your email, I have been in dialogue with the council and residents in the last couple of weeks relating to the planning issue and also the containers which are on site. If I could update you with regards to our dialogues I am hoping it may prove helpful to you.
The previous issues relating to the boat yard have in fact now been looked at by the Local Government Ombudsman and they found no issue with the yard or anything relating to its development. Unfortunately, the Ombudsman’s decision cannot be re-visited.
I have met with the directors of UK Docks and have also liaised with the council and I am certain that no laws have been broken and the council are also discharging their functions correctly in relation to the boat yard and the subsequent containers which have caused concern to residents.
The council have also stated that they will no longer correspond on previous issues relating to the boat yard and its development and will now only address any new issues which arise.
In relation to the conduct of Cllr John Anglin, unfortunately I have no power to look into this, however if you feel Cllr Anglin’s conduct has fallen short of what you expect or you are unhappy with his behaviour then please may I suggest that you contact the Monitoring Officer at South Tyneside Council, Mike Harding, who you can formally report your concerns to and also make an official complaint if necessary.
I realise this is probably not the response or outcome that you had hoped for but I know you will appreciate powers are limited by law and that at the moment UK Docks are operating their business within planning and environment health requirements.
Best wishes and good luck with your move,

Emma Lewell-Buck MP
Member of Parliament for South Shields
House of Commons
London
SW1A 0AA

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To You and Yours

From: Michael Dawson (Ex hotmail)
Sent: 23 November 2017 08:49
To: youandyours@bbc.co.uk
Cc: Emma Lewell-Buck MP

Subject: The Local Government Ombudsman and South Tyneside Council

Dear You and Yours,

I listened with interest to your article about the Ombudsman on Monday 13th November and realised that while they have no real teeth because they cannot enforce their recommendations, their authority can be misused by Councils to cover up irregularities the way that complaints are handled.

Allow me to explain:

I complained to the Local Government Ombudsman (LGO) about the way South Tyneside Council had handled my complaint about a shipyard shed that had been built higher than planned but the Council misrepresented or misinformed the Ombudsman about the drawings I presented and the Inspector naturally found for the Council and my complaint was not upheld.

The Council then used the findings of the Ombudsman to mislead the MP for Northumberland about mine and other residents case but what is especially galling is the language used by the Council and in particular the word ‘allegation’ which implies I and the other residents were lying when it is the Council who was misleading the Ombudsman.

“The matters and allegations raised by your constituent are well documented and have been subject to a number of enquiries from Mr Dawson and other local residents over a lengthy period of time. The matter was ultimately referred by way of complaint to the Local Government Ombudsman, the outcome of which was delivered on 14 April 2015.”

I wrote and complained to the LGO about the Council misinforming them about the complaint 14015052 but in response to 17001436 the second Inspector said:

“I consider that your latest complaint remains that of your previous complaint which has already been determined and the opportunity to request a review of that decision has passed. I will treat your complaint therefore as invalid and your complaint will not be investigated.”

The first complaint is basically about a breach of a condition of a planning consent and the second was about how the first Inspector was misled so it can hardly remain that of the first.

It would appear that his arbitrary application of a time limit is to cover the fact that the Council has in fact mislead the first Inspector but he is disinclined to do anything about it because of the consequences i.e. the Council use the LGO to cover the mismanagement of their own complaints procedure and this goes right up to the Chief Executive’s office.

I do not think South Tyneside invented this method of misusing the Ombudsman and I suspect it is not restricted to Planning so you may like to pass it over to Yvonne Fovargue MP or Donal Gilligan or to one of the ‘Inside Out’ teams perhaps.

If you ask South Tyneside Council about it they will say something like:”The matters and allegations raised … etc.” or “Unfortunately, the Ombudsman’s decision cannot be re-visited.” which is what they have told the MP for South Shields. It looks very much like the Ombudsman’s Inspectors are working hand in hand with the Council and that cannot be good for a just or fair system.

Yours sincerely,
Michael Dawson.

Posted in Misinformation/Misrepresentation | 1 Comment

STC ignore Material Variations from Plan

22nd February 2018

Dear Paul,

When you said last summer, “The thought of having to tell UK Docks to modify their new shed plus the repercussions it would have on the second proposed shed must give them nightmares.” I thought it a very polite way of putting it because while it would have not caused not much in the way costs to the public purse if the Council had asked them to remove it before work was restarted on it in 2014 the cost would rise exponentially as each step was taken towards completion of UK Docks Plan* for the slipway off River Drive. Continue reading

Posted in Misconduct, Misinformation/Misrepresentation | 3 Comments

Closure of Tyne Dock 5

Biomass v Biofuel: Since biomass and biofuel both come from the same source, the natural organic products of the planet. The difference between biomass and biofuel is simply that biomass is used to produce biofuel. Port of Tyne handles Biomass.

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Questions Ignored

Examples of Observations and /or Complaints arising from the breaches in planning control of the conditions of the grant in 1996 that have not been directly addressed:

  1. Condition 2
    25-Nov-13, Observation that the structure was too high and too wide dismissed;
    16-Dec-13, the cover was a meter wider than planned;
    10-Jan-14, the cover was also 3m too high;
    4-Apr-14, to attempt to correct the misinformation given in Petition spoiler in Shields Gazette;
    2-May-14, the planners were abusing the complaints procedure;
    9-May-14, response to Petition repeating misrepresentations made by the Planning Manager;
    8-Jul-14, Planning Manager does not bring the Agent’s drawing to a meeting specifically arranged to review it;
    29-Aug-14, CA advised about nil show of 8296/14 at meeting ;
    5-Sep-14, CA advised that no action had been taken on email to Head of Development Services, 4-Apr-14;
    21-Nov-14, no-one responsible for making sure that structures are built to plan;
    this list under review and could easily grow to 30 items.
  2. Condition 5
    23-Dec-2016, Sunday Working

Please note these are the ones raised by me, only, and they all stem from the meeting in November 2013 were we were told against all the evidence that cover was compliant with regard to the second condition on width and height.
The last example is a breach of the fifth condition. This is a completely separate issue from the second condition, it is logically a separate entity and it would make no difference whether the structure is compliant with the second condition.

It is included here because like the non compliance with condition 2 it would need a retrospective planning application to change or remove it.
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Alternative Facts about the Height

A Time Line of Evasions or Denials.
  1. Case Officer, 9-Sep-13:
    Hello – I stamped these drawings on the day they were handed to me in reception, as I explained these are copies of drawings passed in 1996 by the T&W Development Corporation the only difference is that these drawings do not have the approved stamps on them.
  2. Councillor, J Anglin, 1-Dec-13:
    Subject: RE: TGA – Town Hall Meeting 25 Nov
    Michael – I took no minutes as is customary at these informal meetings.
    For your record I am sure all would agree :
    The Exec representatives of the Group accepted that the construction had been made legally as per drawings seen. Continue reading
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8296/14

The gable end is drawn to scale of 1:100:  the 16m x 12.5m on the drawing held by the Council should be taken as a good guide to the planned height, i.e. 12.7m at the landward end.

Detail notes on the drawing ” strips to draw back to each side to allow access for boats” show that it is the river end rather than the road end and the boats arrive on the slipway from the river.
The added figures 15.6 and 12.2 were measured from an A4 file displayed on a screen and are suitably good enough to show  it has a planned height of 15.5m.
This is confirmation that the architect or ‘engineer’ was using the approved drawings from 1996 which show a landward end of 12.7m giving a river end of 15.5m

Customer Advocacy said in a Stage 3 response, said;
it is clear that drawing 8296/14 could never supersede the previously approved plans in terms of defining the dimensions of the approved development”
and I agree with that. They also said;
Mr Mansbridge stated in his Stage 2 response that the engineer chose to include a gable elevation of the structure on the same drawing but told you this was not drawn to scale. You have disputed this. I have not considered this point further because it is clear that drawing 8296/14 was submitted in 2013 for a wholly different purpose (i.e. for the purposes of discharging a planning condition) and as such, could never supersede the previously approved plans in terms of defining the dimensions of the approved development.
Note that the author of the  Stage 3 is careful not to say that the drawing is not to scale but attributes the falsehood about the scale to the author of the Stage 2 response. She says she has not considered the scale but she has not disputed the point.

The original complaint very specifically mentioned the height but in spite of the author being told at least twice about its variation from plan she does not consider the  height at all in this final stage before it goes to the Ombudsman.

The Ombudsman also fails to mention the height at all in her first draft and this is a strong  indicator that she and a Senior Planner from the Council were colluding over this matter.

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8296/2

One of two Authorised Drawings from 1996 with dimensions that STC say they possess.
The other is 8296/4. It is more of a sketch as it had no dimentions

The height of the landward end is 12.7m (roof height: 108.8m – height at the foot: 96.1m)* and confirms that it is reasonable to say, “that 8296/1A, 8296/1B, 8296/2 and 8296/4 represent the development which was approved in 1996” only if one accepts that the river end has a planned height of 15.5m. That makes the planned height of other end 12.8m and not 15.5m as claimed by UK Docks or the Council.

This was the drawing** referred to when I thanked him for confirming that the Slipway Shed was not built to the approved plans of 1996. The only other drawing authorised in 1996 was 8296/4 and that shows no dimensions. Continue reading

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The Truth about the Height Using 1A.

Explanation of Drawing 8296/1A – (copy of document sent to the Ombudsman)


Notes
1. There is a clearer picture shown in the accompanying file: drawing 82961A.pdf
2. Mr Atkinson, the planning Manager has said that when this drawing is viewed alongside 8296/4 and 8296/4 it can be considered as approved and I do not disagree (if the river end is taken as 15.5m)*.
3. The fall along the length of the shed is 2.6 m
4. A full sized A1 drawing was kindly provided by Mr Mansbridge, the Head of Development Services and I have used this to get a solution to calculate
dimensions.
5. While some of the dimensions are foreshortened to accommodate all the elevations the drawing can be reliably used to calculate missing or erroneous dimensions within an elevation.
6. Both ends of the shed are shown as 15.5m and this cannot be true.
7. The Planning and the Development Services Department say that the road (south) end is 15.5m high. This is the word of the applicant.
8. I say that the height of the road end is 12.5m high and back it with the explanation below:
1) Detail of river end (north) elevation:
Height of shed at river end is 15.5m (12.5+3m)
2) The height of the river end (2): below. The river end of the side elevation has no dimensions in the drawing. There is no requirement for them as they are given on the gable end detail. They can be worked out however: the depth to the hip is 3m (see below ) and by proportion from hip to ground 12m giving a total height of 15m.
3) Height of the road end (south) elevation: below. Using the depth to the hip of 3m the height from hip to ground works out at 9.7m giving a total height of 12.7m. The 12.5 dimension should be pointing to the top of the shed. If this drawing equivalent of a typing error is corrected then the drawing makes sense. The road end of the shed has a planned height of 15.5 – 2.7m or 12.8m. The Planning Office have put forward an explanation to try and justify a road end height of 15.5m and account for the fall of 3m by making the planned height of the river end 18.5m. This cannot be supported if one looks carefully at the drawing.

* The Condition “if the river end is taken as 15.5m” is missing from the original Lexplanation1A.pdf
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