Pottery Kiln Collapse

[Bob Jefferson]

For those of you who intend to write in support of the kiln being re-builit, here are more email addresses to add to that distribution list:

paul.mcauley@edinburgh.gov.uk; donald.anderson@edinburgh.gov.uk; gillana@parliament.uk

[Bob Jefferson]

Further correspondence on the subject between Margaret Munro and Lawrence Marshall:

Dear Lawrence

I visited the site myself this morning and had a very long and interesting conversation with John Lawson, city archaeologist, and 3 representatives of Historic Scotland. At that time no-one was prepared to take responsibility for make any decisions regarding the short or long term future prospects of the kilns, with everyone waiting on everyone else to take responsibility. However several issues that need to be addressed and give cause for concern became apparent.

According to Historic Scotland no conservation consent was either sought from, or given by, Historic Scotland for the repair work to the kilns. The kilns are both 'B' listed and scheduled monuments, and as such no repairs should be undertaken without Historic Scotland's consent. Surely council officials were/are aware of this? I would like to enquire as to whether the building contractors employed were specialist, experienced conservation workers or a company used by the council for standard repairs? Various stories are circulating that electric drills were being used to remove the old pointing. I would like to be reassured that this was not the case, as this was a totally inappropriate way to handle repairs to these buildings.

The condition of the remaining kiln now needs to be reviewed. I did point out to a council representative this morning that there was growth in the brickwork and many pigeons accessing the inside of the kiln. He said that the damage was minimal and not a cause for concern. Would this not be the case with the other kiln initially and is that not the attitude that led to the current situation? This needs to be addressed.

I realise that health and safety aspects are paramount and that these must be ensured before further action can be taken. However, I have grave concerns that the forthcoming health and safety report may require that the the remains of the 1909 kiln are removed. I have received assurances that the bricks from the collapse will be removed and safely stored in anticipation of a future rebuild and hope that should the worst happen all bricks will be preserved securely. If the remainder of the kiln is believed to be safe, it will prove extremely difficult to secure the site. I agree that if anyone is determined to gain entry, nothing will deter them, but I cannot imagine that the council is prepared to pay for the presence of a security man in the long term. Further damage to the kiln by vandals is a possibility, as even if a rebuild goes ahead, this will not take place immediately.

The option of rebuilding raises further funding issues as the council have consistently insisted that they lacked funds to maintain the kilns to any kind of acceptable specification and the funding for these repairs was only granted after a massive effort on the community's behalf. Where would money for a rebuild come from? I am not sure that lottery funding is a possibility as, if the council own the kilns, I do not believe that lottery funding would be granted, as in the case of the community garden. When I enquired this morning whether the council had the responsibility of care of the kilns, or in actual fact owned them, no-one seemed sure. This has to be clarified, so that we know what funding options for a rebuild may be available. Although Historic Scotland are keen to see the kilns rebuilt, their funds are also limited. A joint agency approach was suggested and I would hope that cooperation and commitment would be paramount in taking this task forward.

I am pleased to see that so many agencies are now involved with the kilns. It is a shame that such a drastic event was needed to ensure such involvement. While I realise that we have to move on and look to the future of the kilns, the fact that so many people deny knowledge of the state of repair of the kilns is both beyond belief and unacceptable. Communications with the council about the state of the kilns have been underway for many years, in particular from Portobello Amenity Society and Portobello History Society. The past year has seen concerted action from myself and others to try to emphasise the state of repair of these buildings, all to no avail. The old familiar 'lessons have to be learned' comes to mind, but lack of communication between council departments and the changing responsibilities within the council for monuments, which I was informed was to allow for improved communications, provide evidence of the fact that the system is not working. This has to be noted and acted upon.

I take no pleasure in the fact the my worst fears have been realised. The one positive outcome is that no-one, I hope and believe, was seriously injured.

I expect you to take the issues I have raised forward and I also expect to be kept updated with decisions and events.

Margaret

Margaret

I know that we've already spoken but I thought that I should put in writing my view that the points you have raised in your e-mail to me below are serious ones.

I too have heard folk say that they thought a "jack-hammer" was being used to remove the old pointing - though nobody personally saw this. Melvin Strand of the adjacent "FunPark" mentioned this to me when I went to visit him on Tuesday morning. All this is currently just hearsay but needs to be investigated. The work was being supervised - I've copied this to Colin Gillespie of CEC.

The bricks are being carefully removed and stored and I do very much hope that the kiln will be rebuilt. The adjacent kiln was obviously rebuilt - I'm sure we can do better this time. You're right that there are lots of pigeons accessing the interior of the remaining kiln. Maybe some kind of wire screen can be put over the main arched opening in the side to prevent this?

As to how rebuilding can be financed, I'm copying this e-mail to both the Director of Culture and Lesiure - Herbert Coutts - and the responsible councillor - Donald Anderson - in the hope that a report can come before the Council in due time outlining the sequence of events leading up to the collapse of this kiln and the way forward re. securing the remains and rebuilding.

Lawrence

[Bob Jefferson]

Someone, somewhere clearly has a lot of explaining to do.

And here is that someone:

Paul McAuley forwarded to me email correspondence about the pottery kilns between Lawrence Marshall and Margaret Munro, copied to the above list.

For the record, may I just say that it was myself and colleague who commissioned the work and inadvertently failed to contact Historic Scotland in advance, a mistake which we clearly regret. We have already put in a report to our Director.

Unfortunately it is too early for us to know what actually went wrong with what was a well-intentioned project to do much needed repairs. We are as keen as anyone to find out but are resisting speculating in advance of the facts. I expect we will find a number of factors came together.

What is clear - and what I personally welcome greatly - is that there is now a large body of people keen to see matters rectified. I hope your interest will continue as we work our way through the problems over the next few weeks and you will all help us find some good solutions.

Yours sincerely
Dorothy

Dorothy Marsh
Senior Conservation Officer
Museum Collections Centre
10 Broughton Market
EH3 6NU
Tel 556 9536
Mobile 07795120939

I think we can add Dorothy to that email distribution list:

dorothy.marsh@edinburgh.gov.uk

[seanie]

For the record, may I just say that it was myself and colleague who commissioned the work and inadvertently failed to contact Historic Scotland in advance, a mistake which we clearly regret.

Doh!

I'm always doing that.

Inadvertently commiting criminal offences.

Ooops!

[Bob Jefferson]

I would have thought it unlikely that anything has occurred that could be construed as a criminal offence but I'm sure there must be discussion behind the scenes involving words like 'incompetence', 'negligence', 'liability', 'insurance' and perhaps 'resignation'.

[seanie]

It's not my area but unauthorised work to a listed building or scheduled monument certainly can constitute a criminal offence. I think the listing is less of a problem, but the Schedule Monument status is.

"Sorry, my mistake" might not quite cover it.

[seanie]

http://www.scotland.gov.uk/Resource/Doc ... 026470.pdf

Planning Advice Note PAN 42

Control of Work to Scheduled Monuments
49. Once a monument has been scheduled, the consent of the Secretary of State is required before any works are carried out which would have the effect of demolishing, destroying, damaging, removing, repairing, altering, adding to, flooding or covering up the monument. The scope of the control is therefore both more extensive and more detailed than that applied to listed buildings. Consent can be granted only for detailed proposals and., unlike planning permission. there is no provision for granting outline consent.

52. There is no formal provision for consultation with planning authorities on scheduled monument consent applications. The majority involve minor works on which it would not in any case be appropriate to offer consultation. Where the Sip application relates to a development proposal in which the planning authority is concerned, Historic Scotland will normally discuss the application with the authority (concerned before advising the Secretary of State.

Offences Relating to Scheduled Monuments
54. The 1979 Act created a number of criminal offences relating to ancient monuments. Well-publicised, successful prosecutions of those who carry out unauthorised work to scheduled monument can provide a valuable deterrent to the wilful damage or destruction of monuments, and it is Historic Scotland's policy to encourage proceedings where it is considered that a good case can be sustained. The Act provides a number of defences, which (meanwhile) include genuine and reasonable ignorance of the scheduled status of the site, and the need for work for health and safety purposes, although these provisions are under review.

55. Historic Scotland keeps a record of reported incidents, and carries out apreliminary investigation, often with police assistance. If there does appear to be a case for prosecution, Historic Scotland will encourage the police to present a case for prosecution to the Procurator Fiscal.

The legistlation dates back a bit but to my understanding the basic framework hasn't changed much.

[Bob Jefferson]

Thanks. This is very useful.

[seanie]

There are potentially other issues.

I don't the scope of the works that were to be undertaken but it's possible that they fell under the CDM regulations. If so then a Planning Supervisor should've been apointed, a Health & Safety Plan approved, Method Statements submitted, the HSE notified.

Failure to comply with the CDM regs is also a criminal offence.

[Bob Jefferson]

Sounds like there could be some painful lessons to be learned from this.

Another occasion I am reminded of when cutting corners in the building industry turned out to be not such a good idea

[seanie]

Here's a little flow chart for determining whether the CDM regulations apply.

Basically if the repairs were expected to take more than 30 days, or if at any point there were more than 4 people working, then the regulations should apply in full. At the very least Regulation 13 would apply and Risk Assesments for the works should've been prepared.

If they inadvertently failed to get permission for the works it may be worth asking if they inadvertently failed to follow Health & Safety legistlation as well.

[Bob Jefferson]

Portobelly Telly update 2/9

[Bob Jefferson]

Saved from the skip:

[Bob Jefferson]

John Gilchrist Stein

Stein had become the foremost brick manufacturer in Scotland when tragedy struck. In 1927, while inspecting the Castlecary works, he tripped over a brick and grazed his shin. The wound turned septic and his leg was amputated, but it was not enough to save his life, the industry losing an eminent figure overnight and his death signalling the end of an era.

[Bob Jefferson]

A structural engineer has now been appointed to prepare reports on the stability and condition of the remaining brickwork and these reports will be discussed to determine the first stages of the protection of the remaining structure.

The remainder of the kiln lower drum now appears to be stable and, following the removal of the external loose bricks to store and removal of the scaffold, further action to remove the fallen bricks from the interior of the kiln will also require to be considered.

A small working group will be formed to ensure that any proposed action is carried out safely and in accordance with Scheduled Monument requirements.

A newsletter informing the wider interest groups of local residents and historians of the action proposed by the Council will be issued in due course.

[PortyConvert]

Good to hear that this hasn't been forgotten about... i just hope the work is done to restore this piece of history.....

[Dadaist]

From today's Evening News :

Rebuilding Kiln Will Be Worth All The Rubble

[Bob Jefferson]

From today's EN:

Expert in place to help restore collapsed kiln

[Bob Jefferson]

Update:

POTTERY KILNS, HARBOUR ROAD PORTOBELLO

I am writing to update you on the position with regard to the repair of the above mentioned pottery kilns

Following the partial collapse of the 1909 kiln in late August, the structure was secured in the short term. The kiln site was isolated by the use of Heras fencing and the collapsed brickwork that fell outside the immediate area was removed to safe storage.

The Council also appointed consultants who produced a report on the proposed initial remedial works required to allow further investigation to take place, and to safeguard the structure to prevent further deterioration.

It was also decided that the Council would take this opportunity to investigate the condition of the 1906 kiln and arrange for any works required in conjunction with the repair of the 1909 kiln.

It is proposed that repairs be carried out to both kilns in a two-phased process. Professional advice on this has been sought from experienced consultants and contractors as well as Historic Scotland.

The first phase of repairs, which has begun, started with the erection of scaffolding and shrouding to secure the site of the collapsed kiln. Lockable doors have been created to allow access to the kiln as required. The breaking-in to both kilns, removal of debris and more detailed investigatory work will then take place early in the New Year.

Phase two of the repairs will be undertaken by conservation professionals who will lead a design team responsible for the research, investigation, design, procurement and supervision of the required long-term repairs to both kilns. Following a tendering process, Simpson & Brown, Architects were appointed to take on this role.

I hope the above is of assistance. Further update letters will be issued as the works progress. In the meantime, if you have any queries, please contact my Principal Conservation Officer, Murdo Macleod, on 0131 529 4572 or by email at murdo.macleod@edinburgh.gov.uk.

Yours faithfully

NORMAN ELLIS

Property Manager (Property Services)

[teddygirl]

I've just heard that the kilns are not to be rebuilt after all. Anyone know for sure on this ?

[PortyConvert]

I've just heard that the kilns are not to be rebuilt after all. Anyone know for sure on this ?

Arghhh i hope this isn't correct! There's been people working around them over the last few days - taking down some of the scaffolding around the damaged one.... i'll let you know if I find any news.

[wangi]

Three posts up there's the contact details of somebody that probably knows for sure...

[Bob Jefferson]

Yeah, Murdo should be able to allay any fears. A lot of the original brick was salvaged from the kiln when it collapsed and the Council was donated some Portobello brick recently so I can't see it being a problem.

The Portobello Reporter will no doubt have an update on the situation in the next issue.

[PortyConvert]

Yeah, Murdo should be able to allay any fears. A lot of the original brick was salvaged from the kiln when it collapsed and the Council was donated some Portobello brick recently so I can't see it being a problem.

The Portobello Reporter will no doubt have an update on the situation in the next issue.

Ok i'll look out for info there. Scaffolding all taken down now.

[teddygirl]

I was speaking to John Stewart this morning and he assures me that everything is going to plan with the kilns, it will be a slow process but they are being rebuilt.
I think it was the workmen who are there at the moment that started the rumour about them not being restored ..........still best to make sure about these things and keep people on the ball

[Lizzie]

There has been no information for quite a while now regarding the restoration of the Kilns and a few weeks ago work came to a halt then in the last couple of days the scaffolding has been taken down although there is visibly still a lot of work still to be done to complete the restoration - anyone know what is going on?

[Maria]

All I've got is this from the September minutes of the PCC, Lizzie:

282.7 Portobello Heritage Trust
Margaret Munro, Chair of the Heritage Trust, said that the repair of the collapsed kiln was progressing slowly, they were in regular contact with the council and that the work was in the ninth month of a three month contract. Because of the use of lime mortar the work needs to be competed before winter.

[Maria]

I've been asked to post this on behalf of Archie Foley, Administrative Secretary of the Portobello Heritage Trust. This is the reply the Heritage Trust and local councillors received in answer to their urgent enquiries as to what was going on:

It is understood the main contractor is unlikely to return to site. An alternative contractor is being organised. It is too early to indicate the actual course to be taken until the contractual issues are resolved.
Our intention is to have the works restarted and completed as soon as possible

[wangi]

282.7 Portobello Heritage Trust
Because of the use of lime mortar the work needs to be competed before winter.

... Our intention is to have the works restarted and completed as soon as possible

But putting 2 and 2 together; that'll have to be Spring 2011 at the earliest I guess?