Otley river fence protest group launches legal challenge (From Wharfedale Observer)

Otley river fence protest group launches legal challenge

12:32pm Thursday 15th March 2007

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A LEGAL challenge has been mounted in an attempt to stop the river at Otley's Wharfemeadows Park from being fenced off.

The Wharfemeadows Action Group (WAG) claims the safety recommendations to Leeds City Council are flawed because they use an incorrect legal argument.

And if the group is right, Leeds City Council could seek the views of alternative safety consultants, or scrap the most controversial parts of the fence p1lans altogether.

WAG member Linda Lukats said: "We need to remind councillors that firstly, the people of Otley have not been consulted, but just as importantly the advice they are acting upon is misguided."

Yesterday, Leeds City Council's joint leader, Councillor Mark Harris said independent legal advice was being taken following his discussions with WAG.

The group says consultants, the Royal Society for the Prevention of Accidents (RoSPA), argue that a council was successfully sued for not taking appropriate safety measures - when in fact the case was actually thrown out by the Law Lords.

Coun Harris said: "It suggests that the appeal court decision that the RoSPA report had been based on had been overturned by the House of Lords. I've asked that we get Counsel's opinion whether that is correct. If it is correct and the Lords overturned the appeal, it will undermine RoSPA's report.

"We could then ask for a report from different consultants, or it is possible that the council could form different judgements."

Coun Harris stressed that the council still had a duty to protect the public.

He added that despite the timing of the proposals - so close to local elections - it was not a political issue and claimed whichever party had been in charge at the time, the same decision would have been taken.

"It is very easy to say that the Lib Dem leaders want to wreck Otley.

"I had personal concerns that this was not the appropriate course of action, but they were personal views and we were obliged to take action.

"The administration did what any other administration would have done. If Labour had been in power, they would have done the same thing.

"We were startled by their (RoSPA's) conclusions, but we had no option.

"If your lawyers say to you that if you don't do something and there is a tragedy, the officers would be liable for corporate manslaughter you listen.

"If officers act against the law and there is a tragedy, they will be imprisoned and is that what the people of Otley want?"

Meanwhile, the head of RoSPA's leisure safety, Peter Cornall, met with city council officers this week to discuss different options for fencing the park.

RoSPA has recommended that the access to the river, from Otley Bridge to the White Bridge - about half a mile - be prevented with either an anti-climb fence or shrubs.

The most dangerous part of the park, next to the weir, would have a fence to be continued up to the bridge and including the children's play park.

Mr Cornall said he believed the reason the plans had caused such anger was because people thought they were the tip of the iceberg and that they would lead to the river at places like Bolton Abbey being fenced off.

"That is a natural environment and not an urban park full of toddlers and teenagers. I've spent four hours at the park and it is full of toddlers just an arm's length away from the river," he said.

Mr Cornall said RoSPA was not seeking to stop people from gaining access to the river, but to prevent small children from accidentally falling in.

He said he was still recommending a fence next to the weir, but an option would be for the fence to continue alongside the bowling green and next to the flower beds directly in front of the houses in Bridge Avenue.

"There would be gated access and the fence would be a bow top, of hip height."

Mr Cornall, a canoeist, added gates would be fitted to allow river users, such as people in boats and anglers, to get to the river.

"This solution would allow access to the water and the risk would be tolerable. Hopefully, it will be acceptable," he said A petition against the fence has now collected more than 2,000 signatures. More details can be found at www.wharfemeadowsactiongroup.org.

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