Agenda item

To receive and consider the report of the Head of Scrutiny and Member Development which details a request for scrutiny from the Wharfemeadows Action Group relating to the proposed fencing arrangements within Wharfemeadows Park and the implications city wide.

The Head of Scrutiny and Member Development submitted a report regarding a request for scrutiny that had been received from the Wharfemeadows Action Group.  The request had been made following proposals for fencing arrangements within Wharfemeadows Park and the implications city wide.  The letter outlining the request for scrutiny was attached to the report.

Sylvia Reid, Linda Lukats and Tony Hartigan of the Wharfemeadows Action Group attended the meeting to present the request for scrutiny.

Sylvia Reid addressed the meeting and read a statement of the Group’s request.  Main issues highlighted included the following:-

• The reason for the request for scrutiny was that the decision to install fencing along the River Wharfe and the associated water safety strategy should be fully examined.
• Ward Members were not in favour of the original fencing plan, had lobbied Executive Members not to approve the scheme and had expected their Executive Members to vote against the proposals.
• Plans and studies had indicated a need for greater access to the river.
• That the fencing proposals were linked to the Coroner’s report following the inquest into the tragic drownings at Roundhay Park.
• The Coroner’s report had only recommended improved signage which would have probably cost in the region of a few thousand pounds instead of the £1.5 million pounds the fencing and water policy would cost Leeds
• Local people were informed that the Royal Society for Prevention of Accidents (RoSPA) had instructed the Council to fence off the river even though RoSPA is not a statutory body.
• Concern was expressed that the recommendations were based on an Appeal Court ruling that had been overturned in the House of Lords.
• Otley Town Council unanimously supported the Wharfemeadows Action Group

In support of her submissions, Sylvia Reid made reference to minutes of the meetings of the Executive Board meetings held on 9 February and 16 May, 2007, the verbatim minutes of Council held on 21 Febuary 2007, the Wharfemeadows Action Group deputation to Council on 18 April 2007 and various press articles.

Members suggested that as this issue was such a complex matter that a Working Group could be established to scrutinise the issue in order to be able to report back to the full Scrutiny Board more quickly.  It was also suggested that no work should be undertaken until the conclusion of any Inquiry and that the Board wished to recommend to the Executive Board that officers be instructed to suspend the erection of the fence until the Board published its recommendations.

The Chair made reference to a late submission that had been received from Greg Mulholland, MP for Leeds North West. It was reported that this would be considered as part of any Inquiry into this matter.

Councillor Proctor stated his support for the inquiry and made suggestions relating to potential witnesses.  He also stated that the Executive Board was unanimous in voting in the favour of the original proposals.

Denise Preston, Chief Recreation Officer raised the following points in relation to issues discussed:

• RoSPA was commissioned to prepare a report on Water Health and Safety for the Council
• Legal advice and that of the Senior QC was fully considered at all stages of the development of the policy on the Safety Management of Open Water
• The 9^th February Executive Board report clearly stated that the coroner had only asked the Council to examine signage at Roundhay.
• All of the points raised in the WAG letter attached to the Agenda papers had been fully considered and explained in the Executive Board reports on 16^th May and 13^th June 2007.
• The Executive Board decision was to proceed with the works and until that resolution was changed officers would continue with works.

RESOLVED –

(a)  That a full Scrutiny Inquiry is carried out.

(b)  That a Working Group be established to undertake the Inquiry and report back to the Board.

(c)  That it be recommended to the Executive Board that work on the fencing be suspended until the Board has reported its findings.