Opposition councillors request meeting to review Wirral Council’s Cabinet decision to increase car parking charges by 20 pence and introduce new car parking charges in country parks

Opposition councillors request meeting to review Wirral Council’s Cabinet decision to increase car parking charges by 20 pence and introduce new car parking charges in country parks

Opposition councillors request meeting to review Wirral Council’s Cabinet decision to increase car parking charges by 20 pence and introduce new car parking charges in country parks

Cabinet (Wirral Council) 19th June 2017 L Cllr Stuart Whittingham R Cllr George Davies Traffic Regulation Order
Cabinet (Wirral Council) 19th June 2017 | Left Cllr Stuart Whittingham | Right Cllr George Davies | Agenda Item Car Parking Charges Traffic Regulation Order – Consideration of Further Representations

One of the decisions made by councillors on Wirral Council’s Cabinet, I’ve been meaning to write about since the Cabinet met last month was a decision to increase car parking charges (which has since been put on hold).

On the 19th June 2017, Wirral Council’s Cabinet agreed (see video below starting at 33:31 and photo above) to increase charges for parking at Council car parks on the Wirral by twenty pence and to introduce charges for parking where there had been no charges before (50p for an hour, £1 for 2 hours and £2 for all day) at Arrowe Country Park, Royden Country Park, Eastham Country Park and Thurstaston Country Park.

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Cabinet (Wirral Council) 19th June 2017 (agenda item
Car Parking Charges Traffic Regulation Order – Consideration of Further Representations starts at 33:31)

However for the country parks only, in a modification to the original proposals households could pay for a £50 annual permit instead of paying charges when they parked in the country parks.

There’s a long 21-page draft traffic regulation order that goes into all the details.

The Cabinet minutes were published and opposition councillors had five days in which the decision could be called in for review.

Six (or more) opposition councillors on Wirral Council “called in” the decision, so it now it won’t be implemented immediately but put on hold until the Business Overview and Scrutiny Committee meets.

There will be a special public meeting of the cross-party Business Overview and Scrutiny Committee starting at 4.00 pm on the 18th July 2017 in Committee Room 1 at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

The Business Overview and Scrutiny Committee is composed of 9 Labour councillors, 5 Conservative councillors and 1 Liberal Democrat councillor on it.

There’s a long history to the parking charges issues and an earlier stage in the same decision was called in and was reviewed in March 2017. You can watch video of that meeting below.

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Business Overview and Scrutiny Committee (Wirral Council) 13th March 2017

Usually after representations are made during the consultation period, a cross-party advisory panel called the Highways and Traffic Representation Panel meets in public and makes a recommendation to the Business Overview and Scrutiny Committee. The Business Overview and Scrutiny Committee then makes a recommendation onwards to the Cabinet (or Cabinet Member) for a decision.

As the Business Overview and Scrutiny Committee met for the first time yesterday evening since the Claughton by-election (when it decided the councillors to appoint to the Highways and Traffic Representation Panel), when the Cabinet had made the decision on the 19th June 2017, there were no councillors at that point appointed to the Highways and Traffic Representation Panel to consider the objections made during the consultation.

Increases to parking charges are on hold till at least the 18th July 2017. The Business and Overview and Scrutiny Committee can choose at that meeting to either:

a) uphold the Cabinet decision made on the 19th June 2017 (in which case the decision is implemented),

b) refer the matter back to Cabinet for reconsideration,

or

c) refer the matter to Council.

At the call-in meeting of the Business Overview and Scrutiny Committee on the 13th March 2017, councillors voted at the end of that meeting. 8 councillors voted in favour (Labour) and 6 councillors (Conservative and Liberal Democrat) voted against. So the decision taken by Cllr Phil Davies (Leader of the Council) at an earlier stage was upheld on a 8:6 vote.

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Was legal advice given to 9 Wirral Council councillors who abstained on car parking charges vote flawed?

Was legal advice given to 9 Wirral Council councillors who abstained on car parking charges vote flawed?

Was legal advice given to 9 Wirral Council councillors who abstained on car parking charges vote flawed?

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Council (Wirral Council) Extraordinary (Car Parking Charges) 6th March 2017 Part 1 of 2

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Council (Wirral Council) Extraordinary (Car Parking Charges) 6th March 2017 Part 2 of 2

Cllr Jeff Green (right) (Leader of the Conservative Group of councillors on Wirral Council) explaining why he is opposed to Labour's plan to increase car parking charges
Cllr Jeff Green (right) (Leader of the Conservative Group of councillors on Wirral Council) explaining why he is opposed to Labour’s plan to increase car parking charges

Wirral Council councillors met on Monday evening, following a request by 21 Conservative councillors for an extraordinary meeting of Wirral Council to call on the ruling Labour administration to withdraw its plans to:

a) increase charges at all existing car parks by 20 pence from next year and

b) introduce car parking charges in Wirral’s parks.

This follows a partial U-turn by the Labour administration on the original proposals, the revised proposals can be read in this Cabinet report.

The decision in that Cabinet report is on hold as the matter has been “called in” by opposition councillors. It will be reconsidered by councillors at a public meeting starting at 3pm of Wirral Council’s Business Overview and Scrutiny Committee which meets at on Monday 13th March 2017 in Committee Room 1 on the ground floor of Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

Prior to the Extraordinary meeting, there was a protest outside and the public gallery was full (standing room only) to see what happened.

At the Extraordinary meeting (you can watch the full meeting in the video clips above), in addition to opposition from the Conservative councillors, the Liberal Democrat councillors also expressed their opposition to the car parking charges plans.

However the sole Green Party councillor on Wirral Council, Cllr Pat Cleary, expressed his support for Labour’s proposals as he said that introducing car parking charges at Wirral’s parks would encourage people to walk or cycle to the park instead of taking their cars.

Wirral Council’s Monitoring Officer Surjit Tour advised the fifteen councillors (plus those who may attend next Monday evening as deputies) on the Business Overview and Scrutiny Committee to not vote (abstain) on the car parking charges matter.

Interestingly Surjit Tour said the reason for this advice was that in his view voting on the matter would be considered pre-determination and specifically referred to one of the Local Government Acts.

However (what Mr. Tour didn’t mention) that legislation in one of the Local Government Acts that refers to pre-determination was repealed and replaced with new legislation in January 2012. It was replaced with Section 25 (Prior indications of view of a matter not to amount to predetermination etc) of the Localism Act 2011 which is quite clear and I quote from below.

“(2) A decision-maker is not to be taken to have had, or to have appeared to have had, a closed mind when making the decision just because—

(a) the decision-maker had previously done anything that directly or indirectly indicated what view the decision-maker took, or would or might take, in relation to a matter, and
(b) the matter was relevant to the decision.

(3) Subsection (2) applies in relation to a decision-maker only if that decision-maker—
(a) is a member (whether elected or not) of the relevant authority, or
(b) is a co-opted member of that authority.”

At least one councillor at the meeting objected to Mr. Tour’s advice on pre-determination as he felt he was elected to represent the views of residents.

At the end of the meeting there was a vote by councillors.

Twenty-four councillors voted in favour of scrapping the car park charges proposals. Thirty councillors voted against and nine councillors abstained.

The topic will be discussed again at a public meeting starting at 3 pm of Wirral Council’s Business Overview and Scrutiny Committee which meets at on Monday 13th March 2017 in Committee Room 1 on the ground floor of Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

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Wirral’s councillors will tonight discuss changes to Council meetings, call ins and how decisions are made

Wirral’s councillors will tonight discuss changes to Council meetings, call ins and how decisions are made

                                                                      

Council (Wirral Council) 19th November 2015 One of the meetings that would change if proposals are agreed tonight
Council (Wirral Council) 19th November 2015 One of the meetings that would change if proposals are agreed tonight

Wirral Council’s Standards and Constitutional Oversight Committee will discuss proposals tonight to change the way Wirral Council makes decisions.

If these proposals are agreed by councillors, then in future unless objections to traffic regulation orders reach a threshold of fifteen objections or a petition of twenty-five or more different households, then it won’t be discussed at a public meeting of the Highways and Traffic Representation Panel. However ward councillors for the area that the proposed traffic regulation order relates to, will be able to request that the matter is decided by councillors even if the number of objections don’t reach the threshold. If the objections don’t reach the new threshold and a ward councillor doesn’t ask that councillors on the Highways and Traffic Representation Panel make a recommendation on it, then the decision will instead be made by the Head of Service for Environment and Regulation after consulting with the Cabinet Member for Highways.

Changes are proposed to the way meetings to decide on call-ins of decisions are dealt with. Instead of a committee of fifteen councillors deciding on call-ins, there will be a panel of nine councillors (5 Labour councillors, 3 Conservative councillors and 1 Lib Dem councillor). An earlier start time of 4.00 pm for call in meetings is suggested. Adjournments will only be allowed for seven working days and if this is not possible the call-in will be re-heard from the beginning.

Proposals affecting Council meetings are also on the agenda. The start time will be brought forward to 6.00 pm and the guillotine put back to 9.15 pm. The time for questions to councillors who are chairs of committees or on the Cabinet will be reduced from an hour and a half to thirty minutes. This is to allow more time during Council meetings for councillors to debate notices of motion. Further details on the changes and the reasons behind them (including some I haven’t mentioned here) can be found on Wirral Council’s website. If agreed tonight, the changes will be recommended for approval at the Council meeting on the 14th December 2015.

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Wirral Council consult on £1.1 million scheme to change Birkenhead’s Hamilton Square

Wirral Council consult on £1.1 million scheme to change Birkenhead’s Hamilton Square

Wirral Council consult on £1.1 million scheme to change Birkenhead’s Hamilton Square

                                                

Remembrance Day 2012 outside Birkenhead Town Hall. If the traffic scheme goes ahead then this area outside Birkenhead Town Hall won't be solely for pedestrians but will be open to two-way road traffic
Remembrance Day 2012 outside Birkenhead Town Hall. If the traffic scheme goes ahead then this area outside Birkenhead Town Hall won’t be solely for pedestrians but will be open to two-way road traffic

Councillor Pat Cleary (Green Party for Birkenhead and Tranmere ward) writes on his blog about a current consultation by Wirral Council proposing changes to Hamilton Square and the surrounding area.

If agreed the changes (you can view a plan of the proposals on the Wirral Green Party’s website it would mean:

  • The removal of the taxi rank outside Hamilton Square train station in Hamilton Street. The reason would be so there could be a puffin crossing outside Hamilton Square train station. This taxi rank would be relocated to two sections of Bridge Street (one for four taxis, one for five taxis).
  • A bus stop in Bridge Street would be relocated to Hamilton Street.
  • The existing bus stop outside Hamilton Square train station would be moved further down Hamilton Street.
  • The area in front of Birkenhead Town Hall which is now closed to road traffic, solely for pedestrians and protected by bollards would become part of the road and open to traffic.
  • The mini roundabout at the Hamilton Square/Hamilton Street junction (to the North-East of Birkenhead Town Hall) would be removed and replaced with a Give Way junction instead.
  • The mini roundabout at the Hamilton Square/Hamilton Street junction (to the South-West of Birkenhead Town Hall) would be removed and replaced with a Give Way junction.
  • The closure at this junction which prevents traffic going to Hamilton Square from the South-West along Hamilton Street would be removed.
  • Hinson Street (now one-way) would be made two-way between Hamilton Street and Henry Street.
  • Hamilton Street (now one-way between Hamilton Square and Conway Street) would be made two-way between Hamilton Square and Conway Street.
  • Conway Street will be closed at its junction with William Street.
  • Alterations to the traffic signals at the Bridge Street/Hamilton Street junction.

The deadline to respond to this consultation is Friday 13th November 2015.

You can respond to the consultation online by visiting this link to Wirral Council’s website (then click on “Comments and objections about new traffic schemes“).

Click Next.

Then enter your contact details and email address (twice).

Click Next again.

The Scheme name/details to enter on the next page are “Hamilton Square re-design“.

The Scheme number is “DC-STEP-1516-2

If you wish to comment or ask a question on the scheme select Comment/ask a question about the scheme from the drop down menu.

If you wish to object to the scheme select Object to the scheme and enter your reasons in the box below.

If you wish to do both select All of the above and enter your comments and objections separately.

Then click Next, followed by Submit.

There was a drop in session on Tuesday November 10th 2015 at Birkenhead Town Hall, Hamilton St, Birkenhead CH41 5EU, between 3pm and 7pm so people could view the plans.

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Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

                                                            

Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 2 of 3
Fort Perch Rock car park 29th June 2015 Photo 2 of 3
Fort Perch Rock car park 29th June 2015 Photo 3 of 3
Fort Perch Rock car park 29th June 2015 Photo 3 of 3

Above are three photos of Fort Perch Rock car park in New Brighton taken on the 29th June 2015. Over the busier summer holidays this car park will be full.

Future Council Wirral logo
Future Council Wirral logo

As part of the Future Council consultation last year Wirral Council consulted the public on £2.5 million of budget cuts. In the end only £2.4 million of cuts were agreed because of savings that resulted from the extended Biffa contract.

One of the budget options as part of the Future Council consultation was to introduce car parking charges at the Fort Perch Rock car park in New Brighton. Councillors were told that this would bring in an estimated £25,000 in 2015/16 and £10,000 in 2016/17. A public document (that wasn’t part of the documents shared with the public as part of the Future Council consultation) estimated that the cost of providing cash payment ticket machines would be £20,000 (see section 6.2 page 9).

Last year as part of that budget consultation, there was a public meeting of Wirral Council’s Regeneration and Environment Policy and Performance Committee on the 4th November 2014 where councillors discussed the budget option for charging for car parking at Fort Perch Rock car park.

You can watch that discussion in the Youtube video below which should start at the point about the Fort Perch Rock car park.

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The minutes of what was agreed at the public meeting of the 4th November 2014 are included in the agenda for the Cabinet meeting that decided on the budget options.

At that meeting Cllr Jerry Williams (Wirral Council’s Heritage Champion and a Labour councillor) tried to move a recommendation that the budget option of charging at Fort Perch Rock car park be removed from the budget options. However the solicitor advising the Committee said that it couldn’t be removed, so instead it was watered down to a recommendation to Cabinet that the budget option wasn’t adopted. The recommendation was seconded by Cllr Robert Gregson (also a Labour councillor representing New Brighton ward). This is what the recommendation stated:

“The Regeneration and Environment Policy and Performance Committee recommend to Cabinet that the budget option to introduce car parking charges at Fort Perch Rock Car Park, New Brighton is not adopted.”

                                                            
Cllr Irene Williams (Labour), Cllr John Salter (Labour), Cllr Anita Leech (Labour), Cllr Matt Daniel (Labour), Cllr Robert Gregson (Labour), Cllr Jim Crabtree (Labour), Cllr Jerry Williams (Labour), Cllr Steve Williams (Conservative), Cllr John Hale (Conservative), Cllr Jerry Ellis (Conservative), Cllr Andrew Hodson (Conservative) and Cllr David Elderton (Conservative) voted in favour of the recommendation.

Two councillors voted against that recommendation (Cllr Chris Carubia (Lib Dem) and Cllr Mike Sullivan (Chair, Labour)).

On the 9th December 2014 Cabinet (which is ten Labour councillors including one for New Brighton Cllr Pat Hackett) met. They didn’t agree with the recommendation from the Policy and Performance Committee and instead voted to introduce car parking charges at Fort Perch Rock in New Brighton. The minutes of that meeting state “We also feel that it is appropriate to introduce a modest charge for parking at Fort Perch Rock in New Brighton up to 6 p.m.” .

This Cabinet budget proposal then formed the Cabinet’s proposal for Labour’s budget to the 2015/16 budget meeting of all councillors held on the 24th February 2015.

All the Labour councillors on the 24th February 2015 present at that meeting (including those who had three months earlier voted for a recommendation to Cabinet not to start charging for parking at Fort Perch Rock) voted for the Labour budget apart from Cllr Steve Foulkes (who was Mayor and Mayor’s traditionally abstain from votes on party political matters). You can see which way each councillor voted on the Labour’s budget here.

On December 22nd 2014 I wrote When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces? which details how if car parking charges are brought in at Fort Perch Rock car park then under the terms of the lease that Wirral Council has for the Marine Point development at New Brighton, that charges could be introduced at two free car parks (the supermarket car park and the health & fitness car park).

Earlier this year Wirral Council had a formal consultation on introducing car parking charges at Fort Perch Rock car park. You can see the public notice (which has more detail as to how much they could charge for parking) for that consultation below. That consultation ended on the 3rd July 2015.

Fort Perch Rock car park public notice
Fort Perch Rock car park public notice

There is a large petition against introducing charging for car parking at Fort Perch Rock car park in New Brighton which at the time of writing has 3,395 signatures.

So what happens next? In September there will be a public meeting of the Highways and Traffic Representation Panel to consider objections people have made to introducing car parking charges at Fort Perch Rock car park.

The Chair of the Highways and Traffic Representation Panel is Cllr Steve Williams (Conservative). Cllr Mike Sullivan (Labour) and Cllr Dave Mitchell (Lib Dem) are the rest of the panel. This panel meets during the day and if any of the three councillors can’t make it to the meeting they can send a deputy in their place.

When the Highways and Traffic Representation Panel meets in September, it will make a recommendation on whether to introduce car parking charges at Fort Perch Rock car park to the Regeneration and Environment Policy and Performance Committee. The Regeneration and Environment Policy and Performance Committee meet in public on the 15th September 2015 starting at 6.00pm in Committee Room 1 at Wallasey Town Hall. The Regeneration and Environment Policy and Performance Committee can alter any recommendation they receive from the Highways and Traffic Representation Panel.

The Regeneration and Environment Policy and Performance Committee then make a recommendation to the Cabinet Member for Highways and Transportation Cllr Stuart Whittingham who then makes a formal decision on the matter which is published on Wirral Council’s website.

Such a large petition also grants the petition organiser for five minutes to explain their petition at a meeting of all councillors, which then triggers a debate of a maximum of fifteen minutes. However as the next meeting of Council is on the 12th October 2015 (probably after all this will be decided) this is a moot point.

Finally, what’s known now, but wasn’t known last year, is that Wirral Council had an underspend last year of £510,000 last year (which is money that is carried over to this year).

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