Dennis O’Keeffe is an independent construction and infrastructure advisor acting for Broughton Rd coffee-kiosk proprietor Yossi Mazon over the ‘sudden and unconsulted closure’ of St Mark’s Path (see our report here).
In an email dated yesterday and shared with the Spurtle and others, he has urged relevant community councils to:
call for the immediate reinstatement of St Mark’s Path pending provision of a safe, accessible, CDM-compliant alternative route; supported by a Local Petition;
engage urgently with the City of Edinburgh Council and CCG Construction to obtain full disclosure of risk assessments and statutory orders;
consider submitting a Local Petition immediately to the local community so as to accurately represent community concerns and safeguard disabled rights;
request Health & Safety Executive (HSE Scotland) involvement where construction design and management (CDM) obligations may have been breached, as suppported by evidence which he attaches.
That attached evidence is contained in a formal letter. We attach below the version sent to Leith Central Community Council. It appears here unedited and in full.
It contains
a summary of the situation so far and a lack of evidence for health and safety justifications for the closure;
evidence of legal, safety, accessibility and procedural failures, including lack of consultation, discriminatory impact under the Equality Act 2010, breach of CDM Regulations 2015, probable breach of Roads (Scotland) Act 1984, economic and social harm;
possible courses of action for community councils;
effects of an anticipated beneficial community outcome.
-----
