12:51pm Thursday 1st March 2007
By Observer readers
SIR, There can be very few people, if any, who can say that they have first hand knowledge of the river in Otley and of Wharfemeadows Park, which goes back over 80 years.
My grandmother bought 21 Bridge Avenue when it was built at the very beginning of the 20th century. Naturally, I visited this property throughout my childhood and beyond. I am now 90, hence the knowledge stretching well over 80 years. My relatives lived in the house until 1966.
In 1932, my parents went to live at 25 Bridge Avenue. I lived there with my parents until 1946 when my husband and I moved into our own home. When my grandmother bought her house the gardens stretched down to the riverbank (not even a wall then) and some inhabitants had their own boat tied up at the end of the garden.
Then came Wharfemeadows Park with the great transformation. Very popular it was, too, with the locals and even more so with the people of Leeds and Bradford. They came by the busload at weekends and holiday times and the evening queues at the bus station were tremendous. So, the popularity of the riverside in Otley has been going on for a long time and it still is our main attraction.
Over all these years, with thousands of people taking the riverside walk, how many falling in' accidents have there been? The answer is NONE.
Having worked with children for 40 years, I feel that a fence of any kind would be a temptation and a challenge. Let the parents and families look after anyone for whom they are responsible, discipline is the word.
I hope the powers that be will listen to the local people, take note and act accordingly. We do not either want or need a fence.
Betty Waye (Mrs) - Otley.
SIR, - The decision to fence off the River Wharfe shows that public opinion does not count as far as Leeds City Council (now known locally as Leeds Comical Council), are concerned.
I would be interested to know how a fence of 1.1 metres tall can be anti-climb? Will Leeds City Council now ban ball games in the park in case the ball goes over the fence?
The logistics in providing anglers with keys will be interesting, especially when an angler becomes locked behind the fence (after losing the key).
No-one has yet mentioned above Otley Bridge, or has LCC forgotten that they are responsible for that stretch of the river too? Just as they have forgotten the opinion of local people. Rest In Peace Otley Park and visitors.
Maybe people would not swim in the river if Otley still had an open air swimming pool, closed (due to health and safety possibly). There can not surely be any chance of the boats returning as that would mean the public would be allowed too close to the water.
The comments made that water safety instructions would be given to anglers on tickets sums up how out of touch the council are. The anglers could teach the council about water safety, but then they would not value their opinion, as the tunnel they look down is fenced.
Anglers and all should be allowed to appreciate the River Wharfe, not from behind a fence. Respect the river and it will respect you.
Tim Hendry - Secretary, Otley Angling Club, Hawkstone View, Guiseley.
SIR, - I am amazed that Leeds City Council intends to fence off the river at Wharfemeadows. Indeed, when I first heard about this, I could only believe that it was some sort of joke.
Councillor John Procter is quoted as saying: "The river at Wharfemeadows has been the subject of a thorough safety examination by specialists and they have given us advice on how to make the river safer for the public. Now we have that advice, we cannot simply ignore it."
Indeed he can, and should. Any proposal should be subject to the filter of commonsense. It is possible to fall into the river at Otley, but, generally speaking, most people manage to avoid it.
Even Leeds Council cannot afford to build a fence high enough to stop idiots getting into the river. If they want to, they will. Even children cannot always be protected from danger - they have to learn to avoid it.
Otley residents have a legal right to access the river if they desire. That right is exercised by a large number of residents, myself among them. It has been safely exercised for decades.
The unfenced riverside is extremely valuable to the town, as a tourism asset. No fence will blend in with the riverside. It will be a monstrosity, spoiling the appearance of Wharfemeadows.
I read that RoSPA have recommended this - obviously they would, since their sole aim is to minimise accidents. Councillors have many more aims to bear in mind, and running scared from putative legal actions is not one.
No action for negligence would succeed. Any user of the riverside is expected to take normal care - accidents will happen and the law recognises this.
I am not aware of any other town feeling the need to fence off its riverside. York, for instance, has access for boating, as does Ilkley. If we are to be protected from danger, the roadsides are an incalculably greater risk. It is not Leeds Council's duty to keep us as safe as possible. It is its duty to reflect public opinion. Increasingly, I feel that our council tells us what to do, instead of our telling them what wants doing.
Otley does not want a fence.
David Brear - Sent by e-mail.
SIR, - It is quite astonishing that councillors saw fit to spend Council taxpayers' money on commissioning a report from outside of Leeds City Council when surely such an exercise should not be beyond the capabilities and competence of officers within the Building Standards department.
On a visit to the Lake District I noted that Lake Windermere and other open stretches of water are not fenced off. Neither is our coastline, places like Whitby and Scarbourgh who have many thousands more visitors a year than Wharfemeadows Park, Yeadon Tarn, Golden Acre Park, Nunroyd Park, Otley Chevin and Horsforth Hall Park.
If Leeds needed to find out about potential health and safety problems and the measures to put in place there would have been nothing easier than ask fellow council officers from the Local Authorities such as Scarbourough, the Lake District National Park or the Dales National Park all of which have areas that are potentially more hazardous than any of the public parks we have.
Was there any consultation with the public, the angling clubs, sailing club and other organisations that use these areas for recreation? No there was none.
How much commonsense has been applied to the comments made by the Coroner following the drowning of teenage boys in the Lake at Roundhay park last year, it appears very little. If teenage boys want to climb a fence in order to go for a swim they will do it.
A fence will do no more than obstruct those trying to rescue a person in difficulty. Indeed it probably creates a health and safety hazard to those clubs that use areas of water for recreational activities. Councillors you must consider again the full impact of what I suspect to the majority of people is an ill guided misuse of Council Tax payers' money.
John Sharples - 53 Hawthorn Road, Yeadon.
SIR, - Like any river, the Wharfe in Otley represents a real danger and clearly some incidents do happen. Because of this, generations of local children have been brought up to be aware of the danger and the river edge has remained essentially unfenced.
We are now presented with an LCC proposal to upgrade Wharfemeadows Park. Although this proposal has many welcome features, it includes the installation of substantial and very extensive riverside fencing embellished with danger signs.
Is the proposed fencing an appropriate response to the level of risk in Otley?
Two youths sadly drowned in Rounday Park during 2005. The proposed Otley fencing is a direct result of the subsequent decision by LCC to commission a consultant from the Royal Society for the Prevention of Accidents (RoSPA) to assess the risk to the council should they be sued.
Predictably RoSPA adopted a very legalistic stance with the result that onerous recommendations have been made. Most sensible people would regard the recommendations as being excessive and unrealistic.
Additionally, no attempt has been made to analyse the historical data to determine if the actual risk posed by the Wharfe in Otley is unusually high. How many accidental deaths have occurred in the last 100 years?
There is no doubt that some river bank safety improvements are needed in Otley, particularly where there is a large drop into the river. However, the LCC proposal is effectively to fence off the whole of the river. This barrier will break the existing strong links with the river and make the water more attractive to many children.
Not only will the proposed fencing be expensive and unsightly, it will only cover a small stretch of the Wharfe.
Is this the correct solution for Otley? Sadly, the Town Council has relatively little influence over what stance are our City councillors taking.
Alastair Watson - 5 Elm Terrace, Otley.
SIR, - No it's not April 1, Leeds City Council are serious about fences alongside the river at Otley. Perhaps we will also have fences on the canal towpath in Leeds.
I have heard of people falling off cliffs or being washed out to sea, but have never heard of a council being sued for negligence, and none of them suggested fencing off the beach.
Leeds City Council have over-reacted and have got it wrong, but, in this nanny state, politicians always know better than anyone else and will argue that it is their duty to protect the public.
In trying to defend the indefensible, Councillor Proctor begins every sentence with the word if'. I am reminded of stories of flying pigs and the difference between aunts and uncles.
We now need a way for the council to save face without admitting that it was wrong. Surely a notice warning of any danger and disclaiming responsibility would suffice, then the taxpayers money allocated for fencing could be used elsewhere.
C M Harper - Banksfield Avenue, Yeadon.
SIR, - We are confused about the decision making process in Leeds city council.
A recent Liberal Democratic party leaflet headed, 'Don't fence the Wharfe' gives the impression that our three Leeds City councillors do not play a part in this decision making process, They ask the Otley public to call on RoSPA to review recommendations to fence in the river Wharfe where it passes through the park. Surely, as these recommendations were given in response to the council's request for advice, it is up to the councillors to ultimately make the decision. Where do Councillors Downes, Kirkland and Campbell stand on this?
With regard to the legal position Councillor Downes must be in a prime position as he is a member of the committee managing the council's legal services. Presumably he has told his fellow councillors that the proposals are excessive' as he has told Otley, in his party leaflet.
Has he or our other representatives sought legal advice on any alternatives? We look forward to their response.
Eric Shedlow - Chris Power, Grange View, Otley.
SIR, - Last summer I watched children playing in the rock pools near Litton on the side of the upper reaches of the River Wharfe. I then saw some more near the bridge at Burnsall.
Yet further south they were lured to the riverside at Bolton Abbey by the Duke of Devonshire who provides the only car park near the Abbey.
In Ilkley yet more children were enjoying the water and sunshine and some were on the stepping stones. The river then continues to the coast after passing through treacherous and hazardous Otley.
On reaching the coast the problems have only just begun. This is a tidal area and problems with trolls and leviathans could occur.
These shameful situations cannot be allowed to continue. The Duke should be publicly castigated, the stepping stones removed forthwith and all the river and coast railed off.
Why not join the campaign - Complete railings are prudential'. Just a small deposit from everyone will help CRAP to flourish.
Derek L Richards - South View Close, Yeadon.
SIR, I write firstly to explain when I spoke at Otley Town Council meeting last week against the proposal of Leeds City Council to install a fence along the riverside in Wharfemeadows Park, I spoke on behalf of a group of residents and local business people, not as reported, as the secretary of Otley in Bloom.
In November last year, I stood down as secretary and chairman of Otley in Bloom. I am delighted to report that a new group of volunteer officers are now overseeing the work of this group.
Returning to the fence. An action committee has been established by Linda Lukats. The immediate task of getting a petition under way has begun. Residents, business people and visitors if they wish to record their objection to Leeds City Council's plans, should sign the petition which simply reads:: "We the undersigned object to the proposal of Leeds City Council to install a fence along the riverside in Wharfemeadows Park."
The petition is available in many local businesses, public houses, cafes and the parish church. If people would like their own copy to collect signatures on, then a form can be obtained from Manor Books and Music, Manor Square.
I hope that our town councillors are right when they say that the people of Otley will not allow it. By signing the petition, people can begin to demonstrate to Leeds City Council the strength of feeling against these plans, which I must remind people have been made with little, if any consultation, with the people and businesses of Otley.
Sylvia Reid - Manor Books and Music, Manor Square,Otley.
SIR, - I write with reference to Leeds City Council wishing to spend our hard earned community charge on fencing off certain areas in Otley and elsewhere; all in the name of public safety, or to cover themselves against private claims.
Some years ago, I purchased a large, run down dwelling house on the A65 at Yeadon. It took some four very hard working years, but finally, with lovely lawns, I now planted a few flower beds.
To my utter disgust, I received through the post a very hostile, threatening letter from the council regarding a building' I had erected in my front garden. I was informed it had to be removed immediately and if I failed to do so, certain action and costs would follow.
I was also informed that I had not applied for planning permission, also that no buildings were allowed within 30ft of the highway.
Yes, I quickly visited the offices, and spoke strongly to them. The building I had erected was four stakes of wood some four feet high, driven into the soil, with a piece of white plastic sheeting fastened to the tops. Is this still the rule? Is it the same person who wishes to carry out this fencing?
All in the name of safety to the public, or claims to be expected now they have mentioned this possibility?
If safety is the main factor, why has the council allowed the Otley Library to be built on car park areas, which are very scarce in Otley, and allowed the library to be built right up to the edge of the public footpaths, causing a hazard at the junction of Charles Street and Walkergate, as is the case in Burras Lane, Henshaw Avenue, the junction of Swincar Avenue and Kirk Lane, and of course, the large supermarket in Guiseley with one exit and entry on to Park Road.
Norman Copsey - Whackhouse Lane, Yeadon.
SIR -, I write as the daughter of one of the men who risked their own lives to rescue the youths trapped on the islands at the foot of the weir by the rising water in 1938.
Fortunately, the rescues were all successful and cut feet and awareness of their foolishness were the only outcome. The youths were lucky that it happened to be swimming club night and their rescuers were members who had trained in life-saving.
Despite the danger and foolishness, I am quite sure my father and the other men would be horrified by the suggestion of fencing off the riverside. In the long run it will probably lead to more risky and dangerous pranks.
Adolescence is a time of challenge and risk taking and the frustration of such a fence could lead to more serious stunts.
If the powers that be stopped trying to frustrate genuine initiatives for fear of being sued, we may have less anti-social behaviour as a result of boredom. Parents also have to realise that the compensation culture is discouraging the opportunity for natural development of so many young people.
More commonsense and plenty of visual reminders of the need for care and responsibility would do more good than provocative fencing.
Yvonne Warburton - Hamilton Terrace, Otley.
SIR - The failure of Leeds City Council to consult with local people on the ludicrous proposal to fence Wharfemeadows Park is very significant, because the arguments put forward by Mr Flesher of the Parks Department must be questioned.
Mr Flesher implies that fencing is a legal necessity - RoSPA recommended it, and LCC would face a charge of corporate murder' if someone drowned because the council had not done what RoSPA recommended.
Corporate murder' is not an offence, or a proposed offence. Corporate manslaughter is not yet a statutory offence (although it should be). The Bill proposing it has been, quite rightly, held up by the Lords refusal to accept the exclusion of police and prison service from its scope.
We need to be told what the legal status of RoSPA is - is there a legal requirement to follow their recommendations?
If a serious incident were to occur, LCC would need to have been shown to have been negligent. There is ample case law to hand that would argue that if the council has taken all reasonable steps to ensure safety, in the light of cost and the potential risk, then it will be safe from this legal responsibility.
It does not need to respond to very fantastical' possibility. If there is a clear legal requirement then could we ask the LCC Legal Services department to state what it is?
If there is not, then what is the argument? And while they are about it they could explain why the New Years Day swimmers require permission and public liability insurance!
Martin Hemingway - North West Leeds Green Party.
SIR, Hurray for Otley Town Council for not sitting on the fence.
The fence is based on a false premise surely, as I understand the issue started not with lads falling into the pond at Roundhay Park, but trying to swim across, so a fence would not stop that. Nor will it stop people going in the river when its hot.
Could we not turn this political correctness into something constructive by sending the officer who contacted RoSPA to go back and ask for a risk assessment on walking on Otley footpaths. Like in the previous case he would have to say something to justify his position.
To walk up Bridge Street only one metre away from 16 tons and 16 wheels seems a lot more dangerous than falling in the river and getting wet. He might recommend fencing off the road, or banning the lorries!
Statistically, there have been more road accidents than those in the river.
On the lighter side, the fence operatives of Leeds City Council might just repeat the saga of Bennett Court, but in this case fencing themselves in the river.
John Morgan - St Richard's Road, Otley.
SIR, - Will the nannies who insist on fencing off all Otley's riverside also commission a similar safety audit for the pavements of Newall Carr Road, Billams Hill and Bridge Street etc.?
A slight step off the kerb in front of a quarry juggernaut is a far greater risk than drowning while feeding the birds.
Phil Greaves - Otley.
SIR, - The decision to fence off the river at Otley, and thereby ruin a local beauty spot, is quite deplorable, utterly stupid and smacks strongly of political correctness.
The amount quoted, £165,000, could, and should, be spent on worthwhile things like the roads. Some of the roads around Yeadon are in a dreadful state - resembling the surface of the moon in places.
Denise Preston, chief recreation officer of Leeds City Council, has said that one of the problems was the close proximity of the play areas, but they have been there for decades with no problems.
If the council are planning fences for Yeadon Tarn and Golden Acre Park, then the whole local area population will be up in arms. Good heavens, are they going to fence the river at Bolton Abbey, Burnsall, etc - then what about Lake Windermere? Loch Lomand?
Beware, Lib-Dems, this bone headed scheme is going to ruin your popularity for a long time and a lot of votes at the next local elections - mine for a start.
Brian Peel - Coppicewood Avenue, Yeadon.
SIR, - After reading and listening to the proposals and controversy relating to fencing the riverside in Wharfemeadows Parl, Otley (which I strongly object to). I was amazed to read the article in The Times newspaper on Thursday, February 22, that the Government is proposing to rush through Parliament the right for the public to walk 25,000 miles of beach and cliff top pathways.
Are these going to be fenced? If not, where does that leave landowners, councils, etc. if someone falls over the cliff or drowns in the sea near the walkway?
I wonder if RoSPA would like comment and justify how thousands of walkers of all ages are to be given such access without any mention of security, when they are insisting on depriving people of the same right to walk by water with unspoilt views in a local park.
K L Rawling - Somerville Terrace, Otley.
SIR, - For sheer cynicism the most recent Lib-Dem newsletter, Focus, takes some beating.
In a blatantly disingenuous and pathetically lame attempt to win over the voters of Otley on the controversial issue of fencing in Wharfemeadows Park, while at the same time not wishing to criticise or upset their political masters in Leeds, councillors Campbell, Kirkland and Downes are blaming RsSPA for the proposal to fence the river.
The proposal is not RoSPA's - it comes from a Lib-Dem-led Leeds City Council, as councillor Campbell is careful to cleverly correct in the wording of his petition.
Messrs. Cambell, Kirkland and Downes want to have their cake and eat it. The wording and implication in the newsletter insults the intelligence and commonsense of the people of Otley.
Alan MacDonald - Saint David's Road, Otley.
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