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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Will councillors tell the public what Neptune's plans for Birkenhead Market are?

Will councillors tell the public what Neptune’s plans for Birkenhead Market are?

Will councillors tell the public what Neptune’s plans for Birkenhead Market are?

                                                 

Indicative illustration of Neptune Development Limited's masterplan for Birkenhead Town Centre
Indicative illustration of Neptune Development Limited’s masterplan for Birkenhead Town Centre

Thursday’s meeting of Wirral Council’s Cabinet had a last-minute item added to its agenda titled “Birkenhead Town Centre – Masterplan Principles”. Neptune Developments Limited (the company behind the New Brighton Marine Point development) have a plan and want Cabinet to approve a consultation on it.

These are the elements of the masterplan:

  • Demolish Europa Pools
  • Build new leisure centre on the car park next to Conway Park train station
  • On the site of what was Europa Pools build a drive through restaurant, public bar/restaurant and seven units (probably cafés and restaurants) plus car parking
  • Reduce the car parking adjacent to Birkenhead Bus Station and put a café there
  • Remodel Birkenhead Bus Station to “remove service vehicles and avoid pedestrian/bus conflicts”
  • Remodel Birkenhead Market Hall
  • Possibly a hotel on the vacant plot on the corner of Conway Street and Europa Boulevard

There’s even a ten page leaflet with glossy photos about the proposals on Wirral Council’s website.

What probably won’t be reported by the rest of the press, as Wirral Council have chosen to keep much of these details out of the public domain is that according to this report (see 2.5) from 2013 Neptune Developments Limited have an interest in one of the pieces of land in Conway Street that would be needed for the scheme.

The report going to Cabinet on Thursday evening also states “No other options have therefore been considered as NDL has already secured an interest in the balance of the land that is needed to deliver the re-provided market.” If Cabinet agree to consult on these plans, Wirral Council will have to seek legal advice that including Europa Pools in the proposals won’t contravene procurement or state aid rules.

At the moment, there is uncertainty as to what the proposals mean for Birkenhead Market and hopefully some light can be shed on this element of the proposals at the Cabinet meeting this Thursday evening.

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Secrets about Wirral Council’s Birkenhead Town Centre Regeneration revealed

Secrets revealed about Wirral Council’s Birkenhead Town Centre Regeneration plans and Neptune

Secrets revealed about Wirral Council’s Birkenhead Town Centre Regeneration plans and Neptune

                             

Indicative illustration of Neptune Development Limited’s masterplan for Birkenhead Town Centre
Indicative illustration of Neptune Development Limited’s masterplan for Birkenhead Town Centre

Earlier this year I made a Freedom of Information request for the procurement advice that Wirral Council received from Peter Oldham QC and also Weightmans’ partner Sean Crotty about the regeneration of Birkenhead Town Centre.

A Rosemary Lyon (one of Wirral Council’s in-house solicitors) refused this request on grounds of commercial confidentiality (its own and other third parties). She stated that providing the information would “adversely affect its [Wirral Council’s] bargaining position concerning potential regeneration of Birkenhead Town Centre which would result in less effective use of public money” and “make it less likely that companies or individuals would provide the Council with commercially sensitive information in the future and consequently undermine the ability of the Council to fulfil its role”. They even went so far as to claim that releasing the information “would adversely affect the course of justice”.

However, this blog post is the story behind what went on behind the scenes that Wirral Council clearly (according to the response to my Freedom of Information Act request) didn’t want to be disclosed to the public or written about in the media for reasons I will go into below.

On the 16th July 2013, the Leader of Wirral Council Cllr Phil Davies (under delegated decision making powers meaning that he made the decision on his own) gave his agreement to a “preferred development agreement” with Neptune Developments Limited to “allow them to work up a comprehensive redevelopment proposal for Birkenhead Town Centre incorporating Council owned land on Europa Boulevard and involving the re-modelling and offer of Birkenhead Market”.

In the report seen by Cllr Phil Davies before reaching his decision reference was made to “a commitment to develop a clear master plan for Birkenhead Town Centre” in the 2013/16 Corporate Plan. Reference was also made to the previous offer to Wirral Council in 2010 by William Tar Developments to build a casino on two out of three plots of land owned by the Council on Europa Boulevard. That offer was rejected in September 2010.

However what’s not been known widely by the public until now is that “At the same time and in response to the marketing exercise Neptune Developments Limited (NDL) submitted a proposal requesting that the Council move away from disposing of the sites separately and instead work with them to develop a wider regeneration scheme for Birkenhead. NDL had already secured an interest on a vacant site on Conway Street and they suggested that this coupled with Council owned land on Europa Boulevard could be combined to allow a more comprehensive redevelopment scheme to be worked up and in turn would give a far greater regeneration impact than if the sites were developed separately” and that “negotiations have been continuing with NDL since the completion of the marketing exercise”.

Detailed below is Neptune’s proposal,

“Neptune proposes that the project is taken forward on the basis of a two stage agreement. The first, which is the subject of this Report, will involve granting NDL Preferred Developer Status which will be extendible to a period of 12 months and will be subject to NDL meeting the following performance targets:


  • Work up the Master-plan into a detailed implementation strategy for approval by the Council
  • Working with the Council, NDL will develop proposals which will reposition the town as a retail and leisure destination
  • NDL will negotiate further site acquisitions if necessary to deliver the agreed strategy.”

Subject to securing Members (Ed – Members means councillors) approval to the Strategy and Master-plan NDL would then be required to enter into a second Conditional Development Agreement which would commit them, at their own risk, to work up the proposals into a position were they could be implemented and to deliver the returns that are needed to secure the wider regeneration of this part of the Town.

It is proposed that the Conditional Development Agreement with NDL will be structured to ensure the Council receives the best value obtainable for the 3 sites on Europa Boulevard which will be determined by an independent valuation and all works will be undertaken on an open book basis with NDL working on a fixed developer return on cost which varies depending on the nature of the risk.”

In a section titled “Other options considered” it’s basically stated that no other options were considered because NDL has an interest in the land needed to build Birkenhead Market on once its moved.

“An initial assessment of the NDL proposals confirms that if delivered the scheme will have the potential to revitalise an important part of Birkenhead Town centre delivering a far greater regeneration impact than if the sites identified in this report were developed out separately. No other options have therefore been considered as NDL has already secured an interest in the balance of the land that is needed to deliver the re-provided market.”

The section on consultation states this “There will be a need to carry out extensive consultation on the scheme prior and during the detailed planning process. This will be carried out jointly between the Council and NDL.”

The section on legal implications refers to the advice that my Freedom of Information request in September was about (and refused). Once again Members means councillors.

7.1 In the event that Members want to pursue this proposal and to ensure that it is compliant with current EU procurement law, Officers have sought advice from Weightmans LLP and Counsel about its legality.

7.2 The advice has now been received and it concludes that the Council would at this stage be able to enter into a Stage 1 Preferred Development Agreement on the proviso that a final test of lawfulness is carried out when the Stage 1 work has been completed and the detailed arrangements can be assessed.

7.3 NDL is aware of this advice and would be prepared to complete the first stage obligations at risk to allow the final lawfulness test to be undertaken when the scheme has been fully worked up.”

In other words Wirral Council’s happy to pass on the advice it received (at a cost of £7,404 of taxpayer’s money) to Neptune Development Limited to help them in a commercial venture as it may result in Wirral Council receiving money in the future for land in Birkenhead that it doesn’t want.

According to this article in the Wirral Globe in July 2013 Wirral Council wants to rebuild Birkenhead Market and move it.

Neptune Development Limited clearly as they have “already secured an interest on a vacant site on Conway Street” have a commercial interest in any master plan proposals and would be able to “negotiate further site acquisitions” in advance of the master plan becoming public knowledge.

Doesn’t this all sum up how Wirral Council tries to operate though and considering the public interest in the regeneration of Birkenhead Town Centre being done in accordance with EU procurement law do you dear reader think I should make a further Freedom of Information request to Wirral Council for the advice they received from Peter Oldham QC and Sean Crotty of Weightmans in relation to this matter in the hope that they would provide it this time?

P.S. If anyone would like to have a stab at translating ”all works will be undertaken on an open book basis with NDL working on a fixed developer return on cost which varies depending on the nature of the risk” into plain English that can be understood by the average person please leave a comment!

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