Wirral Council rejects complaint about Saughall Massie Fire Station planning application but apologised for delay!

Wirral Council rejects complaint about Saughall Massie Fire Station planning application but apologised for delay!

Wirral Council rejects complaint about Saughall Massie Fire Station planning application but apologised for delay!

                                          

Wirral Council’s Planning Committee 20th July 2017 voting to approve planning application APP/17/00306 (Saughall Massie fire station)
Wirral Council’s Planning Committee 20th July 2017 voting to approve planning application APP/17/00306 (Saughall Massie fire station)

In what appears to be a topical issue, as it is today that a councillor is now complaining about the knock on effect of Saughall Massie on Wallasey Wirral Council have finally issued a stage 2 complaint response (with an apology) over the grant of planning permission for the Saughall Massie Fire Station.
Continue reading “Wirral Council rejects complaint about Saughall Massie Fire Station planning application but apologised for delay!”

Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?

Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?

Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?

                                                            

Planning Committee (Wirral Council) site visit Saughall Massie fire station 18th July 2017 photo 1 of 40
Planning Committee (Wirral Council) site visit Saughall Massie fire station 18th July 2017 This photo shows properties with windows facing the proposed fire station

Today I read Land Registry title number MS503610 which covers various properties and includes thirteen of the properties owned by Wirral Partnership Homes Limited (who trade as Magenta Living) that are adjacent to the proposed fire station in Saughall Massie.

One of the entries in title MS503610 states the following:

“5. The right to the unimpeded access and enjoyment of light and air to all windows in the buildings now on the Retained Land from or over such part of the Property provided that nothing expressed or implied in this Transfer shall prevent the Transferee from developing the Property.”

This is about the landlord’s right to light.

and

“By Transfers of adjacent or neighbouring land pursuant to Chapter 1 of Part 1 of the Housing Act 1980 or Part V of the Housing Act 1985, the land in this title has the benefit of and is subject to the easements and other rights prescribed by paragraph 2 of Schedule 2 to the Housing Act 1980 or paragraph 2 of Schedule 6 to the Housing Act 1985.”
Continue reading “Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?”

Planning Committee refuse Magenta Living application for 11 houses and 2 bungalows in Upton (Kenilworth Gardens)

Planning Committee refuse Magenta Living application for 11 houses and 2 bungalows in Upton (Kenilworth Gardens)

Planning Committee refuse Magenta Living application for 11 houses and 2 bungalows in Upton (Kenilworth Gardens)

                                                             

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The Kenilworth Gardens item starts at 8 minutes 19 seconds in the video clip above and continues to the video clips below of Wirral Council’s Planning Committee meeting of the 20th November 2014.

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Cllr Matthew Patrick explains to Wirral Council's Planning Committee why they should reject planning application APP 14 00951 in Kenilworth Gardens Upton 20th November 2014
Cllr Matthew Patrick explains to Wirral Council’s Planning Committee why they should reject planning application APP 14 00951 in Kenilworth Gardens Upton 20th November 2014

The long running saga of planning application of planning application APP/14/00951: Unused Land, KENILWORTH GARDENS, UPTON, CH49 4ND – proposal to develop the site with residential units for affordable housing use, providing 11 no. two storey 2 bedroom houses, and 2 no. 2 bedroom bungalows (including 1 fully disabled access unit) finally reached a decision at Wirral Council at the Planning Committee meeting of the 20th November 2014.

The applicant was Wirral Partnership Homes Limited (T/A Magenta Living) and the agent Ainsley Gommon Architects.

Wirral Council had received this planning application on the 18th July 2014. At the Planning Committee on the 25th September 2014 a site visit was agreed. After that took place it had been due to be decided at the Planning Committee on the 22nd October 2014. However at the Planning Committee meeting on the 22nd October 2014 it was deferred to the Planning Committee meeting on the 20th November 2014 (making it over 4 months for a decision on this planning application to be reached.

Wirral Council planning officers had recommended in a report that the planning application be approved with various conditions.

The Planning Committee heard from the lead petitioner Jean Robinson, Chair of the Overchurch Residents Association who spoke against the planning application being approved. She referred to heritage reasons, ecological reasons and highway reasons why she thought the planning application should be refused.

The petitioner in favour of the application did not speak.

Rob Ware of Ainsley Gommon Architects (the agent on behalf of the applicant Wirral Partnership Homes Limited T/A Magenta Living) spoke after and explained the reasons why he thought that councillors should accept the planning application. He referred during this to a 34 year old tenant of the applicant with spinal injuries that was in need of a bungalow and would benefit from such a planning application being granted. He also referred to the highway concerns.

Cllr Matthew Patrick (ward councillor for Upton ward) also addressed the Planning Committee. He referred to the petition against the planning application, the petition in favour, the protection of urban greenspace, the uses that local residents put the land which included Easter egg hunts and litter picking.

He pointed out that trees on the site were protected by tree protection orders and how he felt that the application should be rejected because of policy HS4 as in his opinion it did not meet all the criteria for new housing as it would change the character of the area as well as another criteria in HS4.

Cllr Patrick also referred to the need to reduce crime, allow emergency vehicles access and the issue of bats, in fact three different species of bat! He felt the lighting would disturb the insects that the bats feed on and referred to a letter written from Wirral Wildlife in 2007 about the bats. He referred the Planning Committee to their legal obligation with regards to species protection and went on to refer again to policy HS4.

He wondered how the proposed disabled tenant would be able to safely access the property by foot as the proposed pavement was too narrow and finished by referring to the strength of feeling from the Overchurch Residents Association as residents had contacted him by phone, email and letter about this planning application. He urged the Planning Committee to reject the application.

After much discussion over many issues to do with the planning application ranging from highway issues, disability issues, bats and wildlife, emergency vehicle access, refuse vehicle access and garages, someone asked one of Wirral Council’s solicitors for legal advice about the issue of the application needing to rely on a future decision to unadopt the highway to proceed.

The solicitor referred to the proposed condition 9 which meant approval was conditional on the access road being formally stopped up and unadopted. She referred to the other reasons (other than a development) as to why the highway might be unadopted.

After much further debate, Cllr Stuart Kelly (Lib Dem spokesperson) moved refusal. This was seconded by Cllr Denise Realey (Vice-Chair).

All thirteen councillors present on the Planning Committee voted in favour of refusal.

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