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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Conservative and Lib Dem councillors granted special meeting to debate car parking charges

Conservative and Lib Dem councillors granted special meeting to debate car parking charges

Conservative and Lib Dem councillors granted special meeting to debate car parking charges

                                        

Cllr Phil Davies is being asked to U-turn on car park charges proposals
Cllr Phil Davies is being asked to U-turn on car park charges proposals

Despite the partial U-turn on car parking charges by Wirral’s Cabinet previously reported on this blog, after campaigns by Conservative and Lib Dem councillors on Wirral Council, the Mayor has granted a request for a special meeting to debate the increase in proposed charges at existing car parks and the introduction of car parking charges at various country parks.

The extraordinary meeting of Wirral Council will be held on the 6th March 2017 starting at 5.30 pm in the Council Chamber at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

A notice of motion to that meeting (proposed by Conservative councillors), which can be read in full on Wirral Council’s website asks for the following:

“Council therefore requests the Leader of the Council to:

(a) withdraw his proposal of a 20p increase on all existing car parking tariffs

and

(b) withdraw his plan to introduce car parking charges at Wirral’s parks in their entirety”

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Wirral Council’s Cabinet alters car parking charges proposal following outcry

Wirral Council’s Cabinet alters car parking charges proposal following outcry

Wirral Council’s Cabinet alters car parking charges proposal following outcry

                                        

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Cabinet (Wirral Council) 20th February 2017

Cllr Stuart Whittingham (Cabinet Member for Transport) (left) about to speak on the Budget proposals 20th February 2017
Cllr Stuart Whittingham (Cabinet Member for Transport) (left) about to speak on the Budget proposals 20th February 2017

Labour councillors on Wirral Council’s Cabinet have recommended a 4.99% rise in council tax for Wirral residents next year. However once the police and fire precepts are taken into account (expected to be a 1.99% rise each) the overall effect on council tax bills will be slightly less than five percent.

The controversial on street car parking proposals have been altered with a full report on the changes available on Wirral Council’s website.

The proposal to increase the charges at all council operated car parks that currently charge by 50 pence has been reduced to a 20 pence increase. The new £4 flat rate tariff proposed for country parks (Arrowe Country Park, Royden Country Park, Eastham Country Park and Thurstaston Country Park) has been altered to 50 pence for the first hour, £1 for two hours and £2 all day.

Proposals to introduce charges for parking at Birkenhead Park, New Brighton, West Kirby, Hoylake, Heswall, Liscard, Bromborough, Bebington, Irby, Upton and Moreton have been dropped.

These altered proposals will be discussed at a meeting of all Wirral Council councillors when they meet to set the budget for next year on the evening of the 6th March 2017.

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Would you feel picked on if you had to make three journeys to renew a Blue Badge and then got a parking ticket?

Would you feel picked on if you had to make three journeys to renew a Blue Badge and then got a parking ticket?

Would you feel picked on if you had to make three journeys to renew a Blue Badge and then got a parking ticket?

                                  

Penalty Charge Notice
Penalty Charge Notice


Updated 17.1.2017 My wife received a letter stating that the parking ticket had been cancelled.

This is a tale of my wife’s dealings with Wirral Council over the past forty-eight hours.

Yesterday she went to the One Stop Shop in Conway Street, Birkenhead to renew her Blue Badge. Despite Wirral Council having proof on their records that she receives the high mobility component of DLA (which entitles her to a Blue Badge) the renewal was refused on two visits.

After she came home (upset) we both rang the Central Action and Duty Team (part of Wirral Council’s Social Services). After four minutes we were mysteriously cut off, so had to ring back and explain again. The person we were talking to said she would email the One Stop Shop and call us back.

We were called back at around 5.30 in the evening and it was suggested that she go back to the One Stop Shop today (which she did). She parked in the Oliver Street off-street car park displaying her Blue Badge.

While she was in the One Stop Shop (where her Blue Badge did get renewed at a cost to her of £10 (Wirral Council insisted they’d send it through the post)) at 10:19 am a civil enforcement officer (seemingly oblivious to her Blue Badge displayed) issued her with a Penalty Charge Notice allegedly for contravention code 40.

Contravention code 40 is for parking in an on-street disabled parking bay without displaying a valid disabled persons badge, where contravention code 87 is the one that should be used for off-street car parks.

It’s physically impossible for a car that the PCN states is in an off-street car park to be at the same time parked in an on street bay.

When asked for comment Wirral Council’s press office stated, “we can’t comment”.

However Leonora Brace said, “I don’t want them [Wirral Council] picking on me.”

So, there you go, has Wirral Council’s attitude changed? Are disabled adults just a cash cow to them? Or am I just getting angry because it’s my wife that they’re managing to upset? Or is this just as Wirral Council would put it, an example of a “private sector head with a public sector heart”?

Updated 15.1.2017 9 days after an appeal was submitted Wirral Council have been in touch on the 13.1.2017 stating that the case has been put on hold, will not progress further until a decision is made, but due to the high volumes of challenges this may take up to 4 weeks.

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How was the planning application for a fire station at Saughall Massie (APP/16/00985) introduced to Wirral Council’s Planning Committee (part 1)?

How was the planning application for a fire station at Saughall Massie (APP/16/00985) introduced to Wirral Council’s Planning Committee (part 1)?

How was the planning application for a fire station at Saughall Massie (APP/16/00985) introduced to Wirral Council’s Planning Committee (part 1)?

                                            

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Wirral Council’s Planning Committee 19th December 2016 starting at agenda item 6 ( APP/16/00985: Land adjacent to Saughall Massie Road, Saughall Massie, Wirral)

Over a hundred people were in the Civic Hall for a public meeting of Wirral Council’s Planning Committee held last week at Wallasey Town Hall to hear what the Planning Committee would decide on planning application APP/16/00985. This planning application was for a single storey two bay community fire station with accommodation, offices, meeting space, external drill, training facilities and car parking on land adjacent to Saughall Massie Road in Saughall Massie.

The applicant was Merseyside Fire & Rescue Service.

A 21 page report on the planning application by Wirral Council planning officers recommended that the Planning Committee approve the application subject to referral to the government minister.

Councillor Anita Leech (Chair, Wirral Council's Planning Committee) 15th December 2016 planning application APP/16/00985
Councillor Anita Leech (Chair, Wirral Council’s Planning Committee) 15th December 2016 planning application APP/16/00985

After the Chair of the Planning Committee Cllr Anita Leech (pictured above) introduced the item, Matthew Parry-Davies (a manager from Wirral Council’s Planning Department pictured below) explained that the planning application had been subject to a site visit by councillors on the Planning Committee two days earlier (as reported on and filmed by this blog).

Matthew Parry-Davies (Wirral Council) Planning Committee 15th December 2016 planning application APP/16/00985
Matthew Parry-Davies (Service Manager (Development Management), Wirral Council) Planning Committee 15th December 2016 planning application APP/16/00985

Planning permission was sought for a single storey two bay community fire station, together with operational and welfare accommodation, offices and meeting space, external drill and training facilities and associated car parking.

Continuing, he said that the site was in the green belt and as such the development applied for constituted, “inappropriate development”. Having regard to national planning policies and Wirral’s Unitary Development Plan and policy GB2 which set out guidelines for development in the green belt, such inappropriate development should be refused unless “very special circumstances” had been put forward that would outweigh any potential harm to the openness and character of the green belt.

Mr Parry-Davies explained that there were not a national or local definitions of what constituted “very special circumstances” and as such each [planning] application needed to be judged on its individual merits.

Referring to the applicant’s case, he stated that the need for a new fire station in this greenbelt location centred on the unavailability of suitable alternative locations outside of the green belt and the need to provide the best achievable emergency response to west Wirral locations.

Mr Parry-Davies said that Merseyside Fire and Rescue Authority were rationalising their property portfolio of operational fire stations arising from cost efficiencies which resulted in the closure of fire stations. As a result of this either West Kirby Fire Station or Upton Fire Station would have to close as a result of budget cuts, with Upton Fire Station remaining crewed because it covered a more extensive area.

It was the applicant’s case that the provision of a new fire station in this location to cover both the West Kirby and Upton coverage areas, would result in a reduction of response times to west Wirral by an average of two minutes.

He mentioned a link between response times and the level of damage to property, severity of injury and the likelihood of death. The quicker the Merseyside Fire and Rescue Service could respond, the less likely major damage, significant injury or fatalities would occur. Closing West Kirby Fire Station and Upton Fire Station and building a new fire station at this location, would result in faster than average response times which could mean the difference between the level of damage and/or the severity of injury or even death.

Mr Parry-Davies said that the new location would allow Merseyside Fire and Rescue Service to maintain acceptable response times and it was argued that this demonstrates very special circumstances that outweighed the potential harm to the greenbelt.

Commenting on the site, he said that the site was opposite residential properties on Saughall Massie Road to the north and Woodpecker Close to the east. The nearest residential properties were 281 Saughall Massie Road and numbers 68, 70 and 72 Woodpecker Close. Mr Parry-Davies wanted to spend a little time explaining the relationship between the proposal to the residential properties and he was putting a different plan up for councillors to see.

Referring to the appliance bay, he explained that the appliance bay was the part of the fire station where the fire engines would be housed. The operational bay was the other side of the proposal where the meeting rooms, sleeping accommodation, kitchens and those sorts of things would be.

So firstly, the properties that front on to Saughall Massie Road which were 286 to 296 Saughall Massie Road. These were thirty metres to forty metres from the site perimeter. 296 Saughall Massie Road was located fifty-five metres from the front of the operational and welfare part of the proposals and fifty-nine metres from the appliances bay which would house the fire engines.

These distances decreased slightly with 288 being fifty metres from the operational bay and fifty-seven metres from the appliances bay before increasing again as you move east along Saughall Massie Road.

The blank elevation of 281 Saughall Massie Road which was a bungalow was located thirteen metres at its closest point to the perimeter of the site and thirty metres to the operational bay. The appliances bay would be forty-five metres from that property but sits behind the operational bay.

Numbers 68, 70 and 72 Woodpecker Close would have their front elevations facing the site and they were bungalows. These properties were sheltered accommodation for elderly people. At its nearest point 68 Woodpecker Close is fourteen metres from the site boundary, number 70 is fifteen and a half metres and number 72 is seventeen metres from the boundary.

Number 68 Woodpecker Close is thirty-two metres from the operational bay, number 70 is thirty-four metres and number 72 is thirty-five metres away. The operational bay sits between those properties and the appliance bay, acting as a buffer for the appliance bay where the fire engines would be housed.

A sprinkler and generator compound, the area edged red on the plan is located in the southeast corner of the site, located twenty-five metres from the rear elevations of 47-51 Woodpecker Close. These properties were located over forty metres from any part of the proposed buildings.

The training yard was the yellow hatched area of the plan which would be located to the rear of the bays and would be over fifty metres from the nearest residential property. He pointed out a retractable training tower located at the southern part of the site. Training would typically be carried out at monthly intervals, during the working day without the use of sirens. The training tower would fold down when not in use to minimise its impact on the green belt.

A noise assessment had been submitted with the application, which had examined noise sensitive receptors including residential properties. Measures were proposed to minimise noise impact, although the fire station would be operational twenty-four hours a day, the yard would only be used when returning from an incident between the hours of 11 pm and 7 am and would only be used for operational and training purposes between 9 30 in the morning and 4 30 in the afternoon. Sirens would only be used at times when there was significant road traffic and at night restricted to calls where life was at risk. A number of conditions were proposed should the application be approved, to avoid and or minimise noise impacts.

In terms of highway movements and the impact on the safe use and flow of the highway, the development is likely to generate low levels of vehicle movements onto the adjacent network and are therefore unlikely to have significant impact on traffic conditions in the area.

The Saughall Massie Conservation Area boundary site thirty-five metres to the north-west. However given the use of materials proposed, existing vegetation providing screening and distances involved, it was not considered the proposals would adversely impact on the Saughall Massie Conservation Area.

Substantial weight must be given to any harm these proposals would have on the green belt by virtue of the permanent loss of openness and any visual harm that may result. Councillors on the Planning Committee must be satisfied that very special circumstances exist that outweighs any harm caused by inappropriate development. The reduced response times enabling Merseyside Fire and Rescue Service to attend emergencies in parts of west Wirral would be two minutes quicker on average and has led to a finely balanced recommendation of approval.

A number of measures proposed in terms of site layout, boundary treatment, together with planning conditions outlined in the report, serve to mitigate against any harm to residential amenity. On balance the application was recommended for approval and there was a qualifying petition of objection.

The Chair Cllr Anita Leech thanked Mr Parry-Davies for his presentation. As there was a qualifying petition of objection she asked if the lead petitioner would like to come forward?

Cllr Steve Williams (Moreton West and Saughall Massie) explained that the lead petitioner did not wish to speak.

The Chair thanked him for that and explained that as the lead petitioner hadn’t spoken, then the applicant wasn’t able to speak according to the constitution.

She asked if the ward councillor would like to come forward and speak and asked him to give his name before he started.

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