Should EU laws on the environment be disregarded by the British judiciary before the UK has left the EU?

Should EU laws on the environment be disregarded by the British judiciary before the UK has left the EU?

Should EU laws on the environment be disregarded by the British judiciary before the UK has left the EU?

                                                 

Planning Committee (Wirral Council) site visit Saughall Massie fire station 18th July 2017
Planning Committee (Wirral Council) site visit Saughall Massie fire station 18th July 2017 (this is the site for the proposed fire station)

In a follow-up to yesterday’s story Wirral Council’s Cabinet agree 150 year lease for fire station in Saughall Massie I am going to write an editorial on a related matter. I’ll start by pointing out that I was the Appellant in the First-tier Tribunal matter referred to and Applicant in the related Upper Tribunal case.

Below is an opinion piece, I am not a legal professional and one of the costs decision referred to is sub judice. However as Editor I have decided there is a public interest in these matters being written about for various reasons.

Continue reading “Should EU laws on the environment be disregarded by the British judiciary before the UK has left the EU?”

Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie Fire Station site if planning application APP/17/00306 is approved?

Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie Fire Station site if planning application APP/17/00306 is approved?

Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie Fire Station site if planning application APP/17/00306 is approved?

                                            

Dan Stephens (Chief Fire Officer) (left) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station
Dan Stephens (Chief Fire Officer, Merseyside Fire and Rescue Service) (left) answers questions at a public consultation meeting in Saughall Massie in 2015 to discuss proposals for a new fire station

In a 20 page planning report on a revised planning application for a fire station in Saughall Massie, councillors on the Planning Committee have been recommended to approve the application.

The report fails to mention that Wirral Council owns the land, and following a First-tier Tribunal case between myself and the Merseyside Fire and Rescue Authority, it was revealed that Merseyside Fire and Rescue Authority had set aside £300,000* to pay Wirral Council for the land as part of the project. Merseyside Fire and Rescue Authority also predict they will receive £200,000* from the sale of West Kirby Fire Station and £350,000* from the sale of Upton Fire Station.

*estimates of sale prices for Upton Fire Station, West Kirby Fire Station and the land at Saughall Massie owned by Wirral Council were made by Merseyside Fire and Rescue Service to Merseyside Fire and Rescue Authority based on prices in October 2014 (Upton Fire Station and West Kirby Fire Station), see Appendix H to Merseyside Fire and Rescue Authority report CFO/101/14) and January 2015 (Upton Fire Station, West Kirby Fire Station and land at Saughall Massie, see Appendix F to Merseyside Fire and Rescue Authority report CFO/003/15).

A previous application for a fire station was refused by Wirral Council’s Planning Committee on a 7:6 vote last year. An appeal of this planning application refusal to the Planning Inspectorate was considered but abandoned.

Wirral Council’s Planning Committee meets next week on Thursday 22nd June 2017, starting at 6.00 pm to consider the revised planning application in Committee Room 1 at Wallasey Town Hall, Brighton Street, Seacombe. It is expected that a site visit will be requested at this meeting which if agreed will delay a final decision on the planning application to a later meeting of the Planning Committee (expected to be on the 20th July 2017).

As the planning report states, the petition of objection to the planning application has grown to 4,034 signatures and there have been 324 objections to the new application at the time the report was written.

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Why was trouble brewing in the Shire about a fire station? (Lord of the Rings parody)

Why was trouble brewing in the Shire about a fire station? (Lord of the Rings parody)

Why was trouble brewing in the Shire about a fire station? (Lord of the Rings parody)

                                     

This is a parody of local politics based on the Lord of the Rings. As someone referred to in it I’d better declare an interest. As a child I read the Lord of the Rings trilogy in a Wirral Council library that Wirral Council later tried to close (but the government stopped them) because of people who Wirral Council would probably label “unreasonable”.

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The Shire in the Lord of the Rings as imagined in the film
The Shire in the Lord of the Rings as imagined in the film

In the Shire, trouble was brewing. Not only were the hobbits cross at plans to concrete over their beloved countryside with a fire station, but Men had decided (although it was now under review) to spend much of the hobbits’ money on a golf resort project too.

This story had begun some time ago.

The hobbits had decided on a representative called McVey who a group of the Men had taken a dislike to*. The Men had told the hobbits that McVey was why their fire stations must close (even though the Men had decided this). This way the Men could persuade the hobbits to ditch McVey and pick the Men’s representative instead. It was all about power!

* I’m being diplomatic.

So there were consultation meetings of the hobbits so well attended, hobbits couldn’t get in and stood outside getting cross.

At these meetings the Fire Man, who lived in the Shire, told those who actually managed to make it inside that whoever the hobbits voted for the fire stations would still close. So much for democracy!

However the Men got worried, enough of the hobbits were cross about the issue, that if the Men decided to put a new fire station in Greasby (demolishing a much-loved library and community centre in the process), McVey might win again! So the Men gave the credit for stopping the fire station plans to the Men’s candidate instead who had a very Shirey sounding name Greenwood.

Instead as a plan B, the new fire station would now be in Saughall Massie.

Around this time, a man who’d grown up in the Shire as a child and was described by some as a legend (or as the Judge described him “obstinate” and “unreasonable”*) asked the Men for the costs of this project as the Men claimed it was to save money. The arguments around this matter carried on for 1 year and 5 months (despite the law stating this information should be provided within 20 working days!)

* George Bernard Shaw: The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man.
 

Although the information was eventually provided, it turned out that the hobbits had been lied to during the consultations so that the Men could get the answers they wanted!

Oh dear!

Not only that but the Men had repeated these lies in their planning application for the fire station in Saughall Massie.

Double oh dear!

However the Judge decreed at a hearing (the Judge later admitted that he hadn’t read all the papers about this matter before the hearing took place*) that there was no “public importance” to the hobbits knowing that they’d been lied to and later ordered the man to pay the Men £500.

* thus stating more in a nutshell about justice, fairness and decision-making than the man ever could

This was despite the Men who controlled the Fire Authority having an annual budget of £62.673 million (revenue) and £20.6 million (capital). The Fire Authority had also received £297,900 (revenue) and £4.171 million (capital) in extra funds by the government for the fire stations mergers project.

The Men on the Fire Authority also had decided to pay their in-house solicitor £102,000 a year and picked this person too.

After all the Men had been saying for ages the hobbits should give them more money and the Men really disliked requests for information! This was money that the Men on the Fire Authority could then spend on taxis to public meetings, expensive dinners and stays in hotels.

The fact that the man who had grown up in the Shire had (as a result of this) told the hobbits that ~£300,000* of their money for the land would go to the very body who decided on the planning application (if the planning application was approved) was embarrassing to the Men (who had wanted to keep this a secret).

* at 2015 prices, anybody want to leave a comment on the legal implications of this?

But the legend (that was what people called him) still believed in openness and transparency.

He had realised that the Shire was in danger of being altered permanently and corrupted by greedy Men interested in power.

Not just with the fire station, but with the golf resort too.

Greed had truly corrupted the Men’s hearts.

But what would happen next?

Would the Planning Committee refuse the planning application for the fire station?

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Decision on controversial planning application APP/16/00985 (Saughall Massie Fire Station) delayed as councillors call for change of venue, site visit, special meeting & more transparency

Decision on controversial planning application APP/16/00985 (Saughall Massie Fire Station) delayed as councillors call for change of venue, site visit, special meeting & more transparency

Decision on controversial planning application APP/16/00985 (Saughall Massie Fire Station) delayed as councillors call for change of venue, site visit, special meeting & more transparency

                                             

Wirral Council’s Planning Committee meeting held on the 10th November 2016 was standing room only because of the planning application about a fire station at Saughall Massie (APP/16/00985)

Wirral Council’s Planning Committee meeting held on the 10th November 2016 was standing room only because of the planning application about a fire station at Saughall Massie (APP/16/00985)

Updated on 30th November 2016 and the 11th December 2016 by JB: The site visit is scheduled for 11 am on the 13th December 2016. Contrary to what was said at the Planning Committee meeting reported below, the Planning Committee will then meet in the Civic Hall (1st floor) at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED on the 15th December 2016 starting at 6.00 p.m. in order to decide on this planning application.

Last night’s Planning Committee at Wirral Council was another event in the long running political saga that is the attempts to start a new fire station at Saughall Massie and close Upton Fire Station and West Kirby Fire Station.

Committee Rooms 1 and 2 which were the venue for the Planning Committee at Wallasey Town Hall were both full (standing room only as you can see from the picture above) and Committee Room 3 in another part of the building was being used as an overflow.

Dan Stephens QFSM (Chief Fire Officer for Merseyside Fire and Rescue Service/Chief Executive for the Merseyside Fire and Rescue Authority) was looking very smartly dressed in what I will describe as his ceremonial uniform. He was there with what I will describe as an entourage of people from Merseyside Fire and Rescue Service including Ria Groves (Trainee Solicitor) and Colin Schofield (PFI Project Manager (part of his job is to manage the Saughall Massie Fire Station project)). Dan Stephens QFSM and his entourage stood near the door.

Also present were the three local councillors for Moreton West and Saughall Massie ward (Cllr Chris Blakeley, Cllr Steve Williams and Cllr Bruce Berry). They have opposed this planning application along with groups such as the Saughall Massie Village Conservation Area Society and the Wirral Society.

The vocal and public disagreements about this political issue between Cllr Chris Blakeley and Dan Stephens QFSM are mainly already on the public record, well documented and have been reported on by myself before and others, so I’m not going to rehash in detail the rather long history of the matter here.

I will briefly state however that Wirral Council withdrew its offer of land for this at Greasby which is what led to Saughall Massie being proposed. The effect of that is it has given some people hope that people power can overturn the previous cross-party political consensus behind it.

Also I had better point out that there was a rather long running First-tier Tribunal case in which I was the Appellant about the financial breakdown of expenditure for the new fire station first at Greasby, then Saughall Massie.

Present at the Planning Committee was Alan Rundle who had exchanged letters with Merseyside Fire and Rescue Authority about a proposed judicial review before the Greasby plans were abandoned for very similar issues to those that the First-tier Tribunal (in case EA/162016/160054) covered.

However in summary, Merseyside Fire and Rescue Authority have estimated £300,000* to pay Wirral Council for the land and an estimated £550,000 from the sale of the fire stations at Upton and West Kirby. To build a new fire station will cost an estimated £3.7 million (I’m not including the figure for the land in that), with £1.5 million offset by a government grant. The complete capital cost breakdown was not made public prior to the two twelve-week consultations (first on Greasby, then on Saughall Massie) that Merseyside Fire and Rescue Service ran on Merseyside Fire and Rescue Authority’s behalf.

* estimates were made for sale and purchase prices in 2015

For those who were turned away from the Planning Committee meeting (which was also what happened at some of the consultation meetings) video I took of last night’s Planning Committee meeting is below. However as the Saughall Massie Fire Station planning application has attracted a certain degree of public interest I include a transcript of what was said at the meeting on the matter below too.

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Planning Committee (Wirral Council) 10th November 2016 Part 1 of 4 (the discussion on the Saughall Massie Fire Station planning application APP/16/00985 starts at 4:26)

The discussion starts at agenda item 3 (site visits) which starts at the 4m:26s point in the video above.

CLLR ANITA LEECH (CHAIR):        OK, are there any requests for site visits? Steve?

CLLR STEVE FOULKES:        Errm Chair, sorry with your indulgence and err errm with some trepidation, errm I’d like to move site visits on two sites errm.

The least err controversial one I think might be item 13 which is err Pipistrelle Rise which is well-known to Planning Committee and has one with a varied planning history, it’s a very unusual site given it’s site levels. So I’d therefore request that we have a site visit before we make any decision on that matter.

[5:00]

The next one is errm item 9, which is the err fire station, as you referred to Chair. I think it’s fairly obvious to any elected Member the level of concern and the public interest in this debate and I think it would be better for all elected Members who are making that decision to be forewarned, forearmed with an actual site visit and the layout of the area.

Secondly I think it will be plenty of time for us to get arrange as they said in Jaws, “I think we need a bigger boat!” Err, I think we need a bigger room, if we can arrange that in time for the next err meeting it would make it better for the public to engage with us.

I don’t expect people to be in a standing position for any length of time, I find it errm, it is of a matter of great public interest that we do have a site visit. I’m hoping errm, if we have brought you out on a winter’s night for to no avail, but it’s not unusual that applications of this type to have a site visit, so I will move a site visit on that matter.

CLLR IAN LEWIS:         Chair?

[6:00]

CLLR ANITA LEECH (CHAIR):         OK, can I take you first?

CLLR IAN LEWIS:         Chair, I endorse what Councillor Foulkes has said, but particularly in terms of where we have the meeting next time to discuss the fire application, can I suggest that we try and find a venue in Moreton/Saughall Massie to allow as many people as possible in that area to attend?

*LOUD CHEERING AND APPLAUSE*

CLLR IAN LEWIS:         Can I explain why Chair just for a moment? Clearly the number of people here tonight would be you know they’ve come along to take part in the democratic process to see how they make a decision.

There will be other people in that area, who haven’t been able to get here.

To drag everybody, these people again late December, can I propose we try and find a venue nearer to the site to consider this application, as an exceptional application?

CLLR ANITA LEECH (CHAIR):         I think you know the only thing that I would say you know and I totally agree with what you’re saying there and if we can do that we should but in terms of we need to have the right systems in place, wherever it’s going to be.

We need to have the visual and the sound system, if we could find a venue

[7:00]

that will support that, then I’m happy for it to be there.

CLLR IAN LEWIS:         OK, thank you very much.

CLLR ANITA LEECH (CHAIR):         We may actually need to consider whether it’s a one item agenda,

CLLR IAN LEWIS:         Yes, ok.

CLLR ANITA LEECH (CHAIR):         as well so we will look into that. So we’ll see if we can find a venue, that is suitable and if we can then we will move it to that area.

CLLR IAN LEWIS:         OK, thanks Chair.

CLLR ANITA LEECH (CHAIR):         David?

CLLR DAVID ELDERTON:         Yeah thanks Chair, just to endorse I totally support it, the move to

MEMBER OF THE PUBLIC:         We can’t hear you!

CLLR DAVID ELDERTON:         controversial development, which will give a full opportunity for people to see

CLLR ANITA LEECH (CHAIR):         David, David, sorry David could you start again?

CLLR DAVID ELDERTON:         Apologies for that, errm I totally endorse the move by Councillor Foulkes to have the site visit for number nine. It is essential that we get the widest possible publicity and transparency ‌in making sure we end up with the right decision. So I do endorse that.

My quick reason for speaking at this time of course is to ask for a site visit on item twelve, which is Stone Hive, Darmonds Green, West Kirby. That is it looks a simple site in

[8:00]

terms of the application agenda we’ve got but it’s far more complex than it would appear on paper. So no doubt we will benefit from having a site visit for that particular development before we make a decision to approve or refuse it. Thank you Chair.

CLLR ANITA LEECH (CHAIR):        OK, are there any others? OK, if I could just read those three out that have been requested and get Committee’s approval?

MEMBER OF THE PUBLIC:         Excuse me, can I ask a question?

CLLR ANITA LEECH (CHAIR):         Sorry no you can’t ask.

MEMBER OF THE PUBLIC:         It’s just about site visits.

CLLR ANITA LEECH (CHAIR):         If I don’t cover it, then I’m sure we’ll get someone to cover the answer for you, but I may very well cover it in a moment for you.

MEMBER OF THE PUBLIC:         Can I just mention the site visit, …

CLLR ANITA LEECH (CHAIR):         I’m sorry, I’m sorry, if, I’m sorry can I, can you just listen to what I’m about to say and then if it’s not covered then we’ll get somebody to cover it for you.

MEMBER OF THE PUBLIC:         OK.

CLLR ANITA LEECH (CHAIR):         Agenda item 9 which is land adjacent to Saughall Massie Road, errm agenda item 12, which is Stone Hive, Darmonds Green, West Kirby and agenda item

[9:00]

13 Pipistrelle Rise, Noctorum. Are the Committee happy to have all those as site visits?

COUNCILLORS:         Absolutely.

CLLR ANITA LEECH (CHAIR):        can I suggest that we have a site visit on Tuesday 13th of December? And we’ll meet at the Town Hall at 10 am?

MEMBER OF THE PUBLIC:         What time?

CLLR ANITA LEECH (CHAIR):         There’s, we will be meeting at 10am and then going to the various sites, so there will be a different time allocated for each of these sites. It’s normally twenty minutes to half an hour for each site, depending on how long we’ve got to travel, but it will be publicised and the agents will be advised of exactly what time that will be.

And the ward councillors will be also be advised.

CLLR CHRIS BLAKELEY:         Chair, can I just raise a point to raise what’s been raised by Councillor Lewis, if you’re going to use a one item agenda for the fire station at a err location nearer to the site, in Saughall Massie, will the site visit

[10:00]

still be on the 13th? And will the meeting then, when will the meeting be?

CLLR ANITA LEECH (CHAIR):         Err, well we don’t know all of that detail at the moment so, Councillor Blakeley because we don’t know whether we’ll be moving the venue, whether it will be a one item agenda, so as soon as we are aware of that we will make it known.

CLLR CHRIS BLAKELEY:         Thank you Chair.

CLLR ANITA LEECH (CHAIR):         OK, thank you. As the lady was asking the question, has your question been covered?

MEMBER OF THE PUBLIC:         Can I, I think if we do have a meeting whether here or Saughall Massie, we’ll be doing comparisons with the Upton fire station and I don’t know about West Kirby, but certainly it refers to Upton so maybe we should consider visiting both of those, if you’re able to ..?

CLLR ANITA LEECH (CHAIR):         We can only consider the one application, which is before us I’m afraid.

MEMBER OF THE PUBLIC:         OK.

CLLR ANITA LEECH (CHAIR):         Thank you for your comment. Anybody who would like to leave now, please feel free to do so because we will not be discussing those items this evening and thank you for your attendance.

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Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie Fire Station site if planning application APP/16/00985 is approved?

Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie fire station site if planning application APP⁄16⁄00985 is approved?

Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie Fire Station site if planning application APP/16/00985 is approved?

                                            

Dan Stephens (Chief Fire Officer) (left) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station
Dan Stephens (Chief Fire Officer) (left) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station

In a 21 page planning report on a planning application for a fire station in Saughall Massie, councillors on the Planning Committee have been recommended to approve the application.

The report fails to mention that Wirral Council owns the land, and following a First-tier Tribunal case between myself and the Merseyside Fire and Rescue Authority, it was revealed that Merseyside Fire and Rescue Authority had set aside £300,000* to pay Wirral Council for the land as part of the project. Merseyside Fire and Rescue Authority also predict they will receive £200,000* from the sale of West Kirby fire station and £350,000* from the sale of Upton fire station.

Updated 16/11/2016 *estimates of sale prices for Upton Fire Station, West Kirby Fire Station and the land at Saughall Massie owned by Wirral Council were made by Merseyside Fire and Rescue Service to Merseyside Fire and Rescue Authority based on prices in October 2014 (Upton Fire Station and West Kirby Fire Station), see Appendix H to Merseyside Fire and Rescue Authority report CFO/101/14) and January 2015 (Upton Fire Station, West Kirby Fire Station and land at Saughall Massie, see Appendix F to Merseyside Fire and Rescue Authority report CFO/003/15).

When Wirral Council’s Planning Committee meets next week on Thursday 10th November 2016, starting at 6.00pm in Committee Room 1 at Wallasey Town Hall, Brighton Street, Seacombe it is expected that a site visit will be requested which will delay a final decision to a later meeting of the Planning Committee.

At the last Merseyside Fire and Rescue Authority meeting, Chief Fire Officer Dan Stephens (pictured in the photo above) indicated that he wished to speak at the meeting when the planning application is decided to explain what he sees as the very special circumstances as to why the planning application for a fire station in the greenbelt should be approved.

As the planning report details, there are three petitions of opposition to the planning application (totalling 2,561 signatures), 600 online objections and 524 letters of objection to the proposal.

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