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MKSK8.com aims to allow everyone the opportunity to give their views on Saving Broughton Skatepark

 

Click on the various tabs to see what people are saying...

 

 

Requests to Milton Keynes Council for a copy of their Sound Report

 

The data in the Milton Keynes Council’s Sound Report is the reason why a Statutory Nuisance Abatement Notice due to “noise from skateboards, scooters and other wheeled equipment being used at the park” has resulting in the skatepark nearly closing.

 

Please scroll down to see our various attempts to obtain a copy of the Sound Report which we believe has not been carried out professionally and therefore the findings are not valid.

 

Date: 14 August 2012 09:32
To: Mr X Milton Keynes Council

Dear Mr X,

We refer to your recent email purportedly responding to the Freedom of Information/Environmental Information request we made recently on behalf of MKSK8. We are extremely disappointed by the manner in which our request has been handled and the nature of the response you have provided. In essence, your response simply restates (verbatim) comments set out in Mr X’s email to us of 18 July 2012 and ignores the information that has been clearly and concisely requested. Whilst that fact is unacceptable in its own right, it is even more unacceptable that such a response was not even provided within the statutory time period.

In light of the above, we would be grateful if you could now provide the information we have requested by return. For the avoidance of doubt, our requirements are reiterated in red below each of the “answers” set out in your earlier email.

Kind regards,

MKSK8.com

 

Date: 10 August 2012 16:35
From: Mr X Milton Keynes Council

 

Dear MKSK8.com

Environmental Information Regulations 2004 - INFORMATION REQUEST

Your request for information has now been considered and the information requested is below.

(i) You state that there is “ample evidence” that previous use of the park has resulted in a Statutory Noise Nuisance. The only technical information relating to this matter of which we are currently aware is a report prepared by the Council’s Environmental Health Team following noise monitoring undertaken in March 2012. As such, we would be grateful if you could please provide:

(a) Details of complaints made to your department, including the date, time, duration of disturbance, subjective nature of that disturbance and the alleged unreasonable interference the noise caused to the complainants. (Naturally, we fully appreciate your duties under the Environmental Protection Act and need to withhold personal details but assume such information can be provided in a suitably redacted format or for an appropriate summary of such information to be provided).

A. In answer to your question regarding the number of complaints and complainants. It is a fact that in order for an issue to be a Statutory Nuisance under the Environmental Protection Act 1990 there do not have to be any complaints at all (local authorities are under a legal duty to inspect their areas for any possible Statutory Nuisances and to take action whenever they believe such a nuisance exists, complaints or not). Thus the number of complaints/complainants is not a major factor. In this case three separate complaints have been made.

Your response does not provide the information we have requested. For each of the three complaints you advise have been received, please can you advise the date, time, duration of disturbance, subjective nature of that disturbance and the alleged unreasonable interference the noise caused to the complainants.

(b) Copies of any other technical assessments of noise undertaken by your department to investigate complaints (including the date, time and duration of any visits, copies of Officer’s diarised entries for these visits and the results of any noise monitoring undertaken).

A. The evidence which shows that uncontrolled use of the Skate Park represents a Statutory Nuisance has three strands:

1. Assessment of the likely impact of noise from the park by officers highly experienced in noise control;

2. Measurement of noise levels in a bedroom of a nearby house (noise levels of up to and over 70 dBa from use of the Skate equipment);

3. Evidence from residents of nearby properties regarding the type of noise and its duration (from early in the morning to late in the evening).

Your response simply repeats the response given in Mr X’s email to me of 18 July 2012 and does not provide the information we have requested. As identified in my request of 16 July 2012, we are aware of a report prepared by your Environmental Health Team following a noise monitoring exercise in March 2012 – our information request sought clarification of any other technical assessments undertaken by the Council’s Environmental Health Department. Please can you provide details of the dates, times and duration of visits to the site undertaken by the Council’s officer’s and provide copies of the officer’s diarised entries for those visits and the results of any noise monitoring undertaken. If the only site attendances undertaken by officers relate to the noise monitoring exercise undertaken in March 2012, we would ask that you confirm that fact.

(c) Confirmation of the dates/times on which the Council are satisfied that a Statutory Nuisance existed; specific nature of the activity that is considered to constitute the Statutory Nuisance and the detailed reasoning why that judgment is made.

A. In answer to your question regarding when noise from the park is regarded to be a Statutory Nuisance. We regard uncontrolled use of the Skate Park represents a potential Statutory Nuisance at any time. In particular noise early in the morning and later in the evening was identified as likely to represent a Statutory Nuisance. However it is likely that use of the park over several hours during the day could represent a Statutory Nuisance. The noise sources that are considered to constitute a Statutory Nuisance are those from impact of skateboards and scooters on the concrete and metal surfaces at the park.

Your response does not provide the information we have requested. Your response refers to “potential statutory nuisance”; that noise was “likely to represent a Statutory Nuisance” and that noise “could represent a Statutory Nuisance”. The Noise Abatement Notice served on the Parks Trust is served on the basis that the Council is satisfied of the actual existence of a Statutory Nuisance. As per our original request, please can you confirm the dates/times on which the Council was satisfied that a Statutory Nuisance occurred and the detailed reasoning for that judgement.

(ii) You state that there the Council ‘really understands these problems’. Please can you confirm the basis on which that statement is made, i.e. the previous experience of your team in determining noise nuisance from other skate parks?

A. No 'technical assessment' can in itself determine whether a particular issue represents a Statutory Nuisance or not. This is essentially a subjective judgment based on experienced officers weighing all the particular circumstances of the situation to determine if the complained about noise is, or is not, an unreasonable interference with someone's 'quiet enjoyment of their property'. In this case experienced council officers have judged that the noise from uncontrolled use of this park at any hour of the day (or night) would be considered to be unreasonable by 'ordinary, average people of average sensitivity'.

One of the main noise issues is the sudden impact noise of such things as skateboards on concrete surfaces (measured at up to 70 dBa in a bedroom). Each such noise is of limited duration but the nature of the noise, and the sound level, make it very intrusive. Having said that there is nothing particularly special about noise from skate parks, it is just that noise. Whether it represents a nuisance is assessed in exactly the same manner as any other potential nuisance noise.

All the officers in the Environmental Protection Team dealing with noise issues are all highly experienced and qualified in dealing with Statutory Nuisances, all of the senior officers in the team have well over 10 years experience, the Team Leader has 15 years experience.

Your response does not provide the information we have requested and simply repeats Mr X’s comments from his email of 18 July 2012. Our request specifically sought confirmation of the previous experience of the Council’s Environmental Health Team in determining noise nuisance from skateparks. Your generalised response regarding officer experience does not answer that query. Please can you confirm the experience of your team in determining noise nuisance from skate parks.

As a supplementary point, please could you confirm the acoustic qualifications of the Environmental Health Team (e.g. grade and date of Membership of the Institute of Acoustics and relevant IOA diplomas held by each).

If you have a complaint about the handling of your request then please contact me. I will arrange for an internal review which will be considered as part of Stage 3 of the Council’s complaints procedure.

You also have a right of appeal to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

 

Yours sincerely

 

Mr X

Milton Keynes Council