Tag Archives: Mr G Simmonette

Planning Officer

No Timetable of Resolution

Dear Council Representative

Thank you for the prompt response.
As it was the only one I have received can I assume there has at least been some discussions with the other Councillors and officers to whom I directed my original questions?
I would be interested to hear responses from the other members of the Planning Committee and  Council Officers.
Whilst I acknowledge receipt of what appears to be a standard response to any enquiries regarding the aforesaid development I must point out that my questions related mainly to its current use.
With the greatest of respect council officers have had over 6 months to understand the history of this site and analyse all the facts.
You personally felt confident enough on 14th October 2013 to approve discharge of clause 3 (external cladding) and clause 4 (fixing details of end panels).
Why then are you not acting as swiftly on behalf of local residents?
Can you explain why legitimate concerns and questions by a number of residents are deflected by what appear to be standard responses whilst in the back ground you appear to be approving applications for amendments from the developer?
The current development has increased significantly in size without consultation nor amended permissions – again I suspect that any domestic development would have been stopped well before now.
To allay possible allegations of favouritism in the future I would therefore have hoped for a bit more than what appears to be a “stock” answer and which could be interpreted as a delaying tactic – all of which which works to the advantage of the developer.
In the meantime we are living with the consequences of these actions (or inaction).
I therefore request that you perform your statutory mandatory obligation to enforce planning conditions and identify a timetable for resolution rather than continue to issue open ended meaningless statements which inspire little confidence that anything will actually be done.
Yours Faithfully
Michelle Martin Robinson

To Council Officers and Planning Commitee

From: Michelle Martin-Robinson
Sent: 24 March 2014 10:40
To: Planning, Building Control and Environment
Cc: Cllr John Wood; Cllr Peter Boyack; Cllr Bill Brady; Cllr Fay Cunningham; Cllr Ian Harkus; Cllr Gladys Hobson; Cllr Alan Kerr; Cllr Tom Pigott; Cllr Lynne Proudlock; Cllr Sylvia Spraggon; Cllr Ken Stephenson; Cllr Mark Walsh; Cllr Anne Walsh; Cllr Allan West
Subject: UK Docks Development on River Drive

Dear Sirs

Please allow me to introduce myself.

I am a relatively new resident of Greens Place and one of a growing number of people in the area asking questions about the illegal construction and use of a development at the Tyne Slipway site.

As you may, or may not, be aware construction above ground commenced back in September 2013 utilising a 1996 approval by the Tyne & Wear Development Corporation.

Despite frequent and numerous contacts to both Planning and Environmental Health (and the supposed involvement of the council legal team) no enforcement appears to have occurred.

Even with the admission that the structure is larger than originally approved no enforcement appears to have occurred – why not?

What we currently witness is a glorified oversized car port (open at both ends) and which, as of last Monday (17th March), appears to have been put to work.

If this were a domestic property a Certificate of Occupancy or Certificate of Completion would be required before the property could be legally used.  

Has this been issued? If not, then how can you permit the shed to be in use?

A barge/boat from Port of Tyne arrived last Monday afternoon (17th March), since when the neighbourhood has echoed to the sound of generators, compressors and “chipping” as said vessel has been prepared for repainting.

Due to the open nature of the shed, and its position, the noise seems to “bounce” around the surrounding buildings especially as noisy equipment has been sited outside of the shed.

I assume the workers also have concerns about some particulates escaping the confines of the shed as a makeshift tarpaulin has been erected but, as you will see in the attached picture, it is wholly inadequate for that task.

My final point refers back to the original 1996 TWDC approval which prohibited work after 7pm Monday to Saturday and entirely on Sundays.

The structure has been permanently lit from dusk until dawn this past week in addition to several occasions during construction – is this allowable?

There were workers on site before 8am yesterday (Sunday 23rd March) and whilst there were comings and goings throughout the day until approximately 4pm one worker remained on site until at least 5.30am this morning.

As you can see in the attached picture (taken at the time) the shed is fully lit and his vehicle is parked next to the shed suggesting work is taking place outside of permitted hours.

  • The illegal nature of the actual structure has been established and documented by council officers (but it took 4 months).
  • Health and Safety violations were identified and documented during its construction by the HSE.
  • UK Docks appear to have been allowed to ignore or pay “lip service” to any local government intervention.

How can this be allowed to continue?

South Tyneside Council and it’s officers are supposed be to the guardians of our town for all of its residents but have so far seemed reluctant to enforce anything in this case.

If this were a private individual I suspect the full weight of planning law would be brought to bear, so again why not in this case?

I await your responses, and as this is matter of some urgency, well within the 20 working days as identified within the Freedom of Information Act and Environmental Information Regulations.

 Yours faithfully

Michelle Martin Robinson

UK Docks Development on River Drive

From: Michelle Martin-Robinson
To STMBC :  Planning; Environmental Health
Cc: John Wood (Chairman of Planning Committee); Members of Planning Committee

Dear Sirs
Please allow me to introduce myself.
I am a relatively new resident of Greens Place and one of a growing number of people in the area asking questions about the illegal construction and use of a development at the Tyne Slipway site.
As you may, or may not, be aware construction above ground commenced back in September 2013 utilising a 1996 approval by the Tyne & Wear Development Corporation.
Despite frequent and numerous contacts to both Planning and Environmental Health (and the supposed involvement of the council legal team) no enforcement appears to have occurred.Even with the admission that the structure is larger than originally approved no enforcement appears to have occurred – why not?
What we currently witness is a glorified oversized car port (open at both ends) and which, as of last Monday (17th March), appears to have been put to work.If this were a domestic property a Certificate of Occupancy or Certificate of Completion would be required before the property could be legally used.  Has this been issued?
If not, then how can you permit the shed to be in use?
A barge/boat from Port of Tyne arrived last Monday afternoon (17th March), since when the neighbourhood has echoed to the sound of generators, compressors and “chipping” as said vessel has been prepared for repainting.Due to the open nature of the shed, and its position, the noise seems to “bounce” around the surrounding buildings especially as noisy equipment has been sited outside of the shed.I assume the workers also have concerns about some particulates escaping the confines of the shed as a makeshift tarpaulin has been erected but, as you will see in the attached picture, it is wholly inadequate for that task.
My final point refers back to the original 1996 TWDC approval which prohibited work after 7pm Monday to Saturday and entirely on Sundays.The structure has been permanently lit from dusk until dawn this past week in addition to several occasions during construction – is this allowable?
There were workers on site before 8am yesterday (Sunday 23rd March) and whilst there were comings and goings throughout the day until approximately 4pm one worker remained on site until at least 5.30am this morning.As you can see in the attached picture (taken at the time) the shed is fully lit and his vehicle is parked next to the shed suggesting work is taking place outside of permitted hours.

  • The illegal nature of the actual structure has been established and documented by council officers (but it took 4 months).
  • Health and Safety violations were identified and documented during its construction by the HSE.
  • UK Docks appear to have been allowed to ignore or pay “lip service” to any local government intervention.
How can this be allowed to continue?

South Tyneside Council and it’s officers are supposed be to the guardians of our town for all of its residents but have so far seemed reluctant to enforce anything in this case.
If this were a private individual I suspect the full weight of planning law would be brought to bear, so again why not in this case?I await your responses, and as this is matter of some urgency, well within the 20 working days as identified within the Freedom of Information Act and Environmental Information Regulations.

Yours faithfully
Michelle Martin Robinson

With regard to ongoing issues with industrial site River Drive, adjacent to Harbour View

FAO:  The Planning Office
The Environmental dept advises they have no say over issues regarding the consistent breach in the 1996 planning permission.
Our concerns continue with our complaints not being adequately dealt with.
It appears the planning dept have little interest in applying their mandatory obligations to enforce compliance by the owners of the boat yard on River Drive, with the planning permissions given in 1996.
We would ask that council representatives desist from constantly pointing out that we reside adjacent to an industrial site. If this is dealt within a fair and reasonable way, then equally you should be acknowledging that they operate adjacent to a residential estate.  You constantly argue that they are an established industrial site. However, at the time of the original planning requests and permissions WE were an established residential estate, construction having commenced in 1991.
Unfortunately there is no magic industrial/residential wall separating us: it would be handy to have something to shut of the noise and general products of yard activity. Equally the yard operatives probably feel the same way.  However, there is no magic wall between us, and we find ourselves buttressed up together. So we are left to find something that will hopefully:
– stop any proposed expansion to the work in the yard (are you beginning to realise what the impact will be, based on the current experiences?!);
– step up to the footplate and do the right thing: act on your mandatory obligation to actually deal with our issues, rather than simply repeating ‘industrial site, industrial site’ like a hideous mantra;
– recognise that there is no magic wall between us, and that you now are responsible ( not those who originally approved the planning permission) in doing something positive about our concerns;
– and we want you to:
a) not agree to further planning expansion in the yard;
b) enforce the original planning permission agreements: shed height and size; limits on work – times, noise etc;
c) acknowledge that not only are they an industrial site but that we are a residential site, as of 1991, and therefore WERE established before the boatyard permissions;
d) recognise that if our complaints are not dealt with, we will escalate our issues to the Ombudsman, as per the complaint processes
We await your details as to how you intend to deal with our complaints.
Regards
Julie and David Routledge

No Progress by STC

From:  Mick Dawson
Cc: various residents
Sent: Thursday, March 20, 2014 3:01 PM
Subject: Slipway Development, River Drive

Dear Mr Atkinson,

It is now over six months since the framework for the shed was erected, three months since the noise began and over two weeks since you said that the council would be able to provide a response to our request that work on or in the shed be stopped until the planning issues have been legally resolved.

I note that there has been a rising number of complaints about noise from the site to both  Planning and Environmental Services and this is becoming a major concern to the residents affected.

Why has the council not used its powers of enforcement to stop the work?, you have admitted that the shed is not built to plan. If any resident had built a construction that breached their planning approval, they would surely have been asked to remedy it or at least to submit a retrospective planning application.

Why has the council not used their power of enforcement to control the continual noise issuing from this site? If this was an individual he or she would have, months ago, been served an ASBO.

It is becoming very evident from communication with other residents that the continued development and disturbance caused by the work on this site is threatening their health and wellbeing (ie stress, noise and particulate emission). Ironically the March 14 issue of the South Tyneside news magazine is full of advice about how to ‘look after your health and wellbeing’?
I would also like to bring Councils attention to the front page statement ‘A new view at Littlehaven’, should it not also read ‘a  complete loss of Visual Amenity for for Harbour View and Greens Place residents’!

I will repeat the communities request that the work is stopped immediately and appropriate consultation is put in place. What is the hold up?

your sincerely

Michael Dawson

Industrial site River Drive, next to Harbour View

With regard to ongoing issues with industrial site River Drive, adjacent to Harbour View: FAO: Peter Cunningham; Gordon Atkinson

The Environmental dept advises they have no say over issues regarding the consistent breach in the 1996 planning permission.

Our concerns continue with our complaints not being adequately dealt with.

It appears the planning dept have little interest in applying their mandatory obligations to enforce compliance by the owners of the boat yard on River Drive, with the planning permissions given in 1996.

We would ask that council representatives desist from constantly pointing out that we reside adjacent to an indusrial site. If this is dealt within a fair and reasonable way, then equally you should be acknowledging that they operate adjacent to a residential estate.  You constantly argue that they are an established industrial site. However, at the time of the original planning requests and permissions WE were an established residential estate, construction having commenced in 1991.

Unfortunately there is no magic industrial/residential wall separating us: it would be handy to have something to shut of the noise and general products of yard activity. Equally the yard operatives probably feel the same way.  However, there is no magic wall between us, and we find ourselves buttressed up together. So we are left to find something that will hopefully:

– stop any proposed expansion to the work in the yard (are you beginning to realise what the impact will be, based on the current experiences?!);
– step up to the footplate and do the right thing: act on your mandatory obligation to actually deal with our issues, rather than simply repeating ‘industrial site, industrial site’ like a hideous mantra;
– recognise that there is no magic wall between us, and that you now are responsible ( not those who originally approved the planning permission) in doing something positive about our concerns;
– and we want you to:
a) not agree to further planning expansion in the yard;
b) enforce the original planning permission agreements: shed height and size; limits on work – times, noise etc;
c) acknowledge that not only are they an industrial site but that we are a residential site, as of 1991, and therefore WERE established before the boatyard permissions;
d) recognise that if our complaints are not dealt with, we will escalate our issues to the Ombudsman, as per the complaint processes

We await your details as to how you intend to deal with our complaints.

Regards
Julie and David Routledge

Invasion of Privacy – Reply from Council

From: Head of Planning
Date: 10 March 2014 17:06:52 GMT
To: Mrs Chapman
Subject: Corporate Feedback System-job number 250605 re site at River Drive
This email has been classified as: NOT PROTECTIVELY MARKED
Dear Mrs Chapman
I have your message submitted to the Council.
The Council has been investigating the erection of the slipway cover at the site next to Harbour View, off River Drive.  When those investigations are completed we will contact various local residents who have raised the matter with the Council.  If you wish, I can add your name to that list, but please let me know if you want to be contacted again.
However, with regards to the specific issue that you now raise, that is, the invasion of privacy caused by the use of a hoist at the site, I’m afraid that is not something the Council can control as the slipway site is an established general industrial use.
Regards

Buck Passing

Hi Mrs Routledge – can I make a quick few comments on your response, just so that you are clear on the input of the Environmental Health service.
I do appreciate your views on how the situation appears to be changing, and what could be the possible impact upon your properties. I did not suggest in any way that we would not react to events and I did not suggest that we would not, or could not, challenge practices on this site (or any other for that matter).  We are happy to do so if it will resolve problems that residents experience, but it is not in essence a policy issue (whether political or otherwise), it is about the application of legislation that has existed in its present form for 23  years and in a similar form before that. That legislation seeks to achieve a reasonable balance between the competing requirements of parties.
The starting point is to understand that this river-related site will likely have an established industrial use (there are currently three significant sites nearby that are of that category ), and whilst I appreciate that it may have been relatively quiet in recent years, there will be certain activities on the site that will  not be challengeable in terms of any prior permissions. That leaves us with the task of ensuring that if the site restarts and substantial boat repair is undertaken then the operator ensures that it is adequately controlled to prevent nuisance to residents. I was attempting to explain previously that that task in an open environment is often difficult, and legislation provides a ‘best practicable means’ defence for industrial operators which we must take into consideration. Ironically working within the new shed may actually make noise levels easier to control, but we need to explore that with the operator.
Could I also repeat that the input of the Environmental Health service is primarily concerned with the application of nuisance or other environmental pollution legislation. Issues that may fall within planning law should be dealt with by the Planning service who can provide a specific response on any  question that you may have. I think it would be unhelpful for our officers to speculate on any planning-related matters.
Regards
Principal EHO Environmental Health

A complaint about the niose.

Date: Wed, 5 Mar 2014 14:35:52 +0000
Subject: Fwd: RE: Sunday working at UK Docks, River Drive
From: davidroutledge
To: mail at theharbourview.co.uk

. . . . . . – you might want to see this response I got from Mr Anglin re: UK Docks not having yet applied for further plans, and council lawyers checking Sunday working.

Mr Anglin has always been quick and straightforward with his responses – more so than the other Councillors.

Julie Routledge

——– Original message ——–
From Cllr John Anglin <cllr.john.anglin at southtyneside.gov.uk>
Date: 02/03/2014 17:44 (GMT+00:00)
To ‘davidroutledge’
Cc Cllr Audrey Mcmillan, Cllr John Wood

Subject RE: Sunday working at UK Docks, River Drive

Dear Mr and Mrs Routledge

I have spoken to the company’s CEO and the Head of Planning at the Council. To my knowledge there has been no further requests for Planning permission made. Council lawyers are looking at the Sunday working as well and we will get a reply from them next week. The CEO did tell me that he would not have workers in this Sunday.
We will, of course, keep you up to date

Regards
John Anglin

From: davidroutledge
Sent: 01 March 2014 15:51
To: Cllr John Anglin
Subject: RE: Sunday working at UK Docks, River Drive

Dear Mr Anglin

Further concerns with the current works in adjacent yard,River Drive: it appears they are clearing the land, since this morning 1 March, in anticipation of further construction work?

We were promised to be informed if UK Docks applied for further permission.

We have very real concerns, considering that it already has been confirmed they have flouted the original agreed plans, that they may start work in other ways.  Can you:

1)  Confirm if UK Docks have applied for further planning permissions;

2)  What the council intend to do about the latest issues arising from the noise and remaining breach of the agreements?

Unless you are experiencing this on your own doorstep I appreciate it’s difficult to understand our frustrations. However, we are simply asking that the people you represent are not being ignored in favour of possibly more powerful and businesses who can afford better legal representation.

Thank you
Julie and David Routledge

——– Original message ——–
From Cllr John Anglin
Date: 26/02/2014 14:29 (GMT+00:00)
To ‘davidroutledge’
Subject RE: Sunday working at UK Docks, River Drive

Dear Mr & Mrs Routledge

Sorry to hear that you, too, are being affected.

I am awaiting a reply from  officers looking into the situation and  will be in touch as soon as I have news.

Regards
John Anglin

(published by agreement – Julie Routledge)