Ombudsman

       I do feel bad that I have not updated this blog for some time. Not since June 2nd. It has been a busy summer at the water tower, mainly with the remodel of the cottage and the dining facility but also with the arrival of our hens. They were initially given free passage around the entire woodland but I spent so much time tracking them down, I decided it was better to have them in a contained run. Before that, I spent one day trampling all over the woodland only to return and find the hens by the back door looking as if to say "can we come in please?". They are real characters and the fresh eggs are just lovely.

 

 

 

 

The purpose of today's blog though is to record the outcome of an ombudsman appeal that I raised this summer in respect of past tree works that had been reported wrongly at Midlothian Council during the planning application in 2010. Phew.....those not interested, stop reading now. It's a pretty boring subject.

 

I previously raised a complaint with the council through their formal process and it reached what is called stage 3 in the system. I had not considered the outcome satisfactory. I had noted the option to take this to the ombudsman but put it off in the concern about getting into some beaurocratic process for no real gain. Perhaps because it was late at night with a wee glass of bubbly in my hand that I felt like just doing it rather than procrastinating any longer. I looked up the ombudsman site on line and found it remarkable easy to register my complaint. It took less than 15 minutes. Within a couple of weeks I had a positive response, the ombudsman was concerned enough to take up the complaint. The complaint has to centre on provision of a service with a view to making public service better. In my case a tree officer had advised a councillor that in her professional opinion unauthorised tree felling had caused a bank to be destabilised. Said councillor abused these concerns about trees at our planning application hearing (meeting) and when challenged after it, used the tree officers’ advice as justification. I wholly disagreed with the tree officer opinion because all my personal consultees agree that what has happened on the steep bank has been caused by the camber of the tennis courts above, that there is clear evidence of past land slip, probably in the early 70s. The area struggles to support growth because of lack of light and the fact that the soil is very close to the rock. The previous owners of the land, the council, had actually built a retaining wall in its day and the tennis courts had installed a drain pipe but sadly it became blocked and didn’t work. It’s simply a difficult area and has long been a scar. My efforts to let in light accorded with the woodland management plan and this area is my target for improvement. In my experience improvements don’t always look good at first in woodlands but after 3 years the results will start to show.

 Technicalities aside, the officers communication had been used and abused and had led to some very unpleasant and inaccurate local complaints contained within our planning files and that was the burning issue for me. I wanted to get closure on this matter through an independent process.

The ombudsman was extremely helpful. He helped me to understand the process and limit my expectations. I can never seek re dress for what was said at the planning meeting because that had been dealt with by the appeal process which upheld our appeal last year. In other words that planning matter was closed, he could only investigate and act on failures of “service”.

The ombudsman wrote to the council for all and every communication regarding the water tower wood. That must have been interesting task for the council employees to deal with and I do have some feelings of concern about a waste of time and money. However, and those folks that know me will understand this, I used this particular complaint to get into the system and to understand the process. I may need to use it again.

Some 4 weeks or so later I had a formal response from the ombudsman. The professional opinion that a bank might be de stabilised is not something that the ombudsman would take issue with since it is just that – opinion. But within the 6 page report here is an extract of the most significant section.

“I have not found any reference to any other unauthorised felling in the information I have obtained from the council. For this reason I contacted the Landscape Officer to ask her to confirm the extent of any alleged unauthorised tree felling. She explained that your management of the site was entirely appropriate and in accordance with the councils requirements. She explained that the only instance of unauthorised felling on this site was the instance detailed in her letters in June 2010 and related to a number of trees felled near the tennis court run off area. In her opinion the felling of these trees had added to stability problems with this area of ground. She did not provide an opinion on who had carried out the felling and confirmed that no other unauthorised felling had taken place.

She confirmed that, at the time, she had discussed with you and an agreement had been reached on replanting. She was off the opinion that you seemed satisfied with this at the time.

She acknowledged that the works in this area had become a contentious issue with some other members of the community and that inaccurate information had been circulated in respect of felling and unauthorised works on the site. This may have been exacerbated by works carried out by Scottish Power which may have been misinterpreted by others”

Whilst the wrongful statement re the bank stability has not been commented on because it was only an opinion, the summary above does help to establish the facts of matters at the time. It goes a long way to redress the local gossip and especially that relayed by a Mr Tony Galloway when he was campaigning as the Conservative election agent. He passed on to others that we had illegally felled 30 trees at water tower wood and brought about industrial deforestation. I said my piece to Mr Galloway on his doorstep at the time.

The only felling that has taken place on my watch on the tennis court run off area has been 3 trees, one of which was noted in the woodland management plan for felling to increase light levels. Two others, both sycamore, were storm damaged and they were also felled. The tree fellers employed to tidy up limbs that had broken off from the very large Beech trees above the slope found the area extremely unsafe for tree works because they were unable to get good footholds. That turned out to be because the entire area had been a dump for god knows how many years. The ground was soft and yielding and many tree branches, leaves and rubble were lying on the slope. It has been cleared now and I did report in previous blogs that I had done this. I had found cast iron poles (previously used to hold up the tennis court fence I guess), plastic bread baskets, 2 wooden chairs, an umberella, bricks, rubble, wood of all shapes and sizes..... a right old mess. It took me months to clear it out and carry the man made materials up the hill. The wood and leaves have been used to create one of the largest wildlife wood piles that I have. It makes a great barrier at the top of the precipice leading down to the river and I can even stand on it and feel safe.

The council tree officers visited this area this week since I have another sycamore to remove that is growing to one side and through a rather beautiful yew tree. The discussion that we had agreed on the planting of native under storey, which is my intention for this area and has already started to be done. As for the previously felled sycamores, the advice is to paint the stumps with neat roundup to prevent their re growth......because.......sycamore are weeds and add no value to the area.

 

Concrete and Blaise

Recent sunny weather and lots of rain has made the woodland garden very green and lush. This view is taken from the steps cut into the steep bank and the bare earth patch is a newly planted area. Trying to get a spade into this area for years now I had wondered why I kep hitting something solid. Scraping away the soil I found a large run of concrete that someone must have poured to waste at one time. Very odd - and I can't think that anyone I knew would have done this.

Using a bolster and hammer Gerry and I managed to extract the concrete. What a gouge in the ground once we had finished. But I have planted the area with the hazel from Ian Brown, there was a thriving Beech and I added a couple of Alder left over from my hedging plants. I also added some rhubarb and a blackcurrant since this is a sunny spot on the bank and why not start the process sooner rather than later of growing food in a woodland.

These next photos register that state of the ground behind the tennis club. Piled with waste blaise from the courts over many years and very little other than some holly and hawthorn clinging on for dear life, this is a sad looking area of the woodland.

Digger to the rescue.

An earth moving experience later and we have a cleared area .

This is just the first stage of making this area good. I'll write more later once things take shape. I am thinking about painting the fence as a minimum and certainly planting in front of it. The area is shady and cool- apparently just the sort of area that chickens would appreciate. Gerry having nightmares at the prospect of dead chickens and maurading foxes. I have dreams of fresh eggs picked up from the woodland floor and placed in wicker baskets lined with a chequered cloth. Expect truth might sit somewhere between the nightmare and the dream.

In the meantime if anyone ever needs to move soil or waste from a garden, don't hesitate to hire a mini digger. It will drive through a standard gate width. Its easy to use and it will save hours and days of back breaking work. We hired one from Basically Tool Hire in Newbattle.

WTTs

 

 

 

Works to trees are coded as WTT in the Midlothian Council planning system. At a recent community council meeting we were perturbed by the number of oustanding applications. 

 

I sent a letter on behalf of the community council, with reference to my own personal experience.

 

Here it is. Have been advised it will be dealt with by Mr Peter Arnsdorf.

 

 

Dear Mr Johnson

 

I wish to raise some questions regarding the policy and practice for applications for works to trees.

At the most recent meeting of Eskbank and Newbattle Community Council it was noted that "works to trees" applications (wtt's) are pending consideration as far back as January 2012. Today I have checked the planning application report for 5 Waverley Road Eskbank. The planning report states that the associated tree felling application for this site was granted on April 2nd yet the council web page shows the referenced wtt application as still "pending consideration". Related information is pasted from the councils' web site below.

From personal experience, delays in advising the status of wtt's to the public causes considerable local neighbourhood angst and false reporting which in my own case escalated out of all control. I'm sure you will remember.

The concerns of the community council however arise from communications last year regarding tree works in Newbattle woods and it is the responses provided for Newbattle woods coupled with these overdue status reports that has prompted our request.

The community council would appreciate a response from the council on the following;

1. Why is the council web site not up-to-date on the status of wtt's and what course of action is the council intending to take to rectify this situation?

2. Applications for tree felling may be assumed as acceptable to fell if the applicant does not receive notification within 6 weeks of the application. Is this course of action documented in a formal local/planning policy? and if so may we have a copy.

3. If a tree felling application is refused, the applicant may go ahead and fell anyway, unless the tree is the subject of a tree preservation order. Is this course of action documented in a formal local/planning policy? and if so may we have a copy.

Kind Regards

Susan Goldwyre

Eskbank and Newbattle Community Council

Councillor Boyes

Well what an exciting day yesterday at the local elections in Midlothian. I am not party political, when it comes to local elections, I vote for the person and not the party.

I should have been able to vote in the ward where councilor Peter Boyes was standing for re election, because the Eco House is in his ward. However my voting papers came through for the adjoining ward. At least it made my voting decisions easier because I certainly would not have been voting for Mr Boyes.

A blog site is not the place to document what I know about this man but suffice to say that despite representing Midlothian Council as the elected representative for Eskbank and Newbattle Community Council, when I asked Mr Boyes why he had never attended our community council he did not answer. When told it was held in Westfield hall he then said he had never heard of the place, despite being there a month before for a local Hustings event. Then when questioned again in Midlothian Coucil after a planning meeting he walked away from me and would not engage. What a coward.

So I sat down on the morning of the elections and thought hard about what my poster should say given my opportunity to put my message out to all who came to vote.

Here it is.

Vote for Adults. Not for Boyes.

At the Eskbank Roundabout

Outside the house before we walked down to the local school and left the poster outside the voting venue.

Forest Gardening

Had a very interesting afternoon with a couple of lads who have introduced me to Forest Gardening. It's all in the book;

Creating a Forest Garden: Working with nature to grow edible crops

Martin Crawford

Forest gardening is a novel way of growing edible crops - with nature doing most of the work for you. A forest garden is modelled on young natural woodland, with a wide range of crops growing in different vertical layers. Unlike in a conventional garden, there is little need for digging, weeding or pest control. Species are carefully chosen for their beneficial effects on each other, creating a healthy system that maintains its own fertility. Creating a Forest Garden tells you everything you need to know - whether you want to plant a small area in your back garden, or have a larger plot. It includes advice on planning, design (using permaculture principles), planting and maintenance and a detailed directory of over 500 trees, shrubs, herbaceous perennials, annuals root crops and climbers, almot all of them edible and many very unusual. As well as more familiar plants you can grow your own chokeberries, goji berries, yams heartnuts, bamboo shoots and buffalo currants - while creating a beautiful space that has great environmental benefits. In the light of our changing climate it is important that we find new ways of growing food sustainably, without compromising soil health, food quality or biodiversity. Forest gardening offers an exciting solution to the challenge.

I guess this is one of these "watch this space" moments. I am particularly taken with the idea of planting edible mushrooms on logs and planting lots more rhubarb. I can't believe I could grow Goji berries although I did once have these in pots grown from seed that I extracted myself from the dried berries. Must give this a try though because (a) they are one of the superfoods and (b) Sainsbury's charge a fortune for them.

Having just finished a 6 month work contract, I'll be starting next week in earnest in the woodland. First up though is the removal of a very large slick of concrete that I discovered on the slope of the woodland. Must have been there for years and have no idea where it came from. No wonder I couldn't plant this section. Just hope there not a bunker underneath. Then it's the area at the back of the tennis club house to remove the blaze pile and to re plant that whole area. I am going to include a new path to allow the tennis club to take the annual leaf collection out to an agreed shared area. Anyone got suggestions on the best way to collect and make leaf mould that doesn't involve back breaking collection of the leaves into bags? The tennis club collects a phenomenal amount of leaves every autumn and I guess it would be nice to find a way to compost them.

Ironmills Park Flower Meadow

Great News

This coming Monday 30th April at 6.30pm the meadow area in Ironmills park will be seeded as a wildflower meadow.

Alan Krumholds has invited the Bonnyrigg and Dalkeith Scouts, Dalkeith Rotary Club and hopes to have the Esk Valley Rotarians as well.

Posters are due to go up around the park as I write.

The plan for this work really took off at pace in recent weeks, much more rapidly than had been planned.The reason for this, as I understand it, is recent repair works to the Eskbank Sewer resulted in an opportunity to utilise the tracts created by Scottish Water. These tracts were ideal for progress into wild flower meadows. I'm sure all will become clear on Monday evening.

Hope you can come along. I will certainly be there since this was one of the key objectives for the Friends of Ironmills Park Group.

Contrarian - After then Before.....Updated with Gazebo

Had a few professional pictures taken recently of the house and garden and I thought it would be good for the record to see the before and after. Being a contrarian here's the after - first.

This is the woodland side of the house showing the raised path and the planted areas nearest the decking. It's only March but the weather has been good this year and the plants are peeping through already. OK - the house looks good too! but this blog is for the woodland and the garden. Both still in their infancy for new planting and growth.

We need to protect the edges of the woodland where there's a steep drop down to the river below. Used lots of pole trees cut from another Estate woodland to create the barriers.

My blue border. I just love blue flowers of any kind and grape hycanith bulbs are always easy to grow. Softening all the edges and at the same time holding back soil from falling down from the slope above was easily achieved by placing lengths of logs on the ground. Very simple. Once the planting gets through the gaps it will look even more natural.

I found this dead tree branch in the far away part of the wood last year and used it in the central planted area to add interest. The grasses behind would normally be cut back to remove dead growth at this time of the year. The growth doesn't look dead to me so I'm leaving it alone.

These 2 "before" photos are from April 27 2010. It was hard work clearing the ground here after the house build but after much digging, lots of weeding and now mulching, I seem to have decent plant borders for the woodland plants.

The real beauty of new planting is only evident after 3 years in  my experience so next year should be even better.

Just for the record, last year I tried and failed with a wild flower border. Weeds took over. The professionals kill the weeds first or they over turn the soil to a significant depth which prevents the weed getting through before they sow the seed. This year, not wanting to do too much weed killing and not able to do the depth turning trick, I decided to use waste plastic crates from the house foundations. Filled them with compost and sowed the seed into these. If it works I should have wild flower plugs that I can transplant at my leisure. Will it work?

Finally just to add a picture from the past. The Gazebo. This photo taken from the tower. Interesting isn't it!

Have a look at the proximity of the Gazebo to the tree on the RHS. That's the same tree that the new Eco house is next to. Which proves that the Eco House and the Gazebo projected to the West by the same distance. Something we have always known but others have wanted to question. Considering individuals at Midlothian Council carried out a survey in year 2000 when the Gazebo was already built, it's quite surprising that the Council don't have their own survey report. That survey has been requested many times. It doesn't exist. There's just an "NT" reference map that anyone can get. No Gazebo shows up on the map because its just that - a map - not a survey. Yet we paid for it........... shy of £1,000 no less in year 2000. Interesting isn't it. I have a theory that the local noise created at the time of the land sale probably contributed to the lack of attention to detail by Midlothian Council at the time. The local noise was all to do with rights of way - where none existed - and that "extra" work to check for rights of way contributed to the cost. But all at the expense of the survey. Shame is too small a word for it.