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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£761.50 of Merseyside Fire and Rescue Authority’s costs application in Saughall Massie Fire Station information request case rejected by First-tier Tribunal

£761.50 of Merseyside Fire and Rescue Authority’s costs application rejected in Saughall Massie fire station information request case by First-tier Tribunal

£761.50 of Merseyside Fire and Rescue Authority’s costs application rejected in Saughall Massie Fire Station information request case by First-tier Tribunal

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)

Well, I finally got the costs decision from the First-tier Tribunal today in which I was the Appellant.

This continues from an earlier blog post about the hearing which ended with the Tribunal, MFRA, ICO and myself agreeing that I should receive the information.

Merseyside’s Fire and Rescue Authority’s costs application of £1,212 has been rejected by the Tribunal. Although the decision also refers confusingly to a total amount of their costs application of £1192.23.

Two out of the three Tribunal Members (although it doesn’t specify which two) don’t think I acted unreasonably in the period 4th August 2016 to 22nd August 2016. This means £224.66 of MFRA’s costs application is rejected by a majority decision of the Tribunal of 2:1.

Of the remaining £967.57, a further £467.57 is rejected.

This leaves £500.

Basically the argument about the £500 is this.

In late August 2016 following a request from the Tribunal, I stated to MFRA that if they were to provide me with the 4 A4 pages requested, I would be happy for the case to be ended by consent order.

MFRA chose not to end the case this way (although I did receive the 4 A4 pages from ICO on the 14th October 2016). I was sent an altered version of the 4 pages from Merseyside Fire and Rescue Authority about 48 hours before the hearing.

Therefore because MFRA had legal costs from 22nd August 2016 to 23rd September 2016 this is what the application is about.

However in the decision the Panel admit that they agreed to MFRA’s costs application at the hearing before they had actually read the bundle for the hearing.

Indeed the fact they hadn’t read the bundle for the hearing before making decisions on costs is recorded in the reasons for the decision itself. Is it reasonable to expect the judiciary to read the papers before reaching a decision?

In fact the wording of the decision implies the panel members were put to great inconvenience by having to read the bundle and travel to the hearing itself!

There are legal arguments I could make as to why this £500 costs award shouldn’t have been made in the first place, but I will not reveal those until the matter is settled.

I feel pretty confident that the £500 will be overturned on appeal and I intend to appeal it within the time limit for doing so. Certainly the majority (£761.50) of Merseyside Fire and Rescue Authority’s costs application has already been rejected.

I notice that somebody has put the wrong case number on the decision which shows the Tribunal’s ongoing flair for accuracy!

In my view there are errors of fact in the decision, but I have to bear in mind this costs application from an organisation that stated it wished to have the legal power to charge people for making FOI and EIR requests.

It’s managed to achieve that now with a costs order for £500, although estimates of the legal costs for First-tier Tribunal cases are usually at around £10,000 for the public body involved.

The bit in the decision about a decision being made on the papers, I don’t remember being made at the hearing (although I will check my notes). In my view a hearing might have avoided some of the misunderstandings that have obviously arisen.

I’ve asked the Tribunal to reissue the costs decision with the correct case number (EA⁄2016⁄0054 rather than EA⁄2016⁄0117).

Does anyone wish me to include a copy of the decision in this blog post?

Tomorrow evening Wirral Council’s Planning Committee will be making a decision on the Saughall Massie fire station planning application.

There are matters that came out during the Tribunal which I will publish on this blog that as they relate to the expenditure of a total of £8.4 million of public money I’m staggered that the Tribunal would write in its decision, that the First-tier Tribunal case “has involved costs to the public quite disproportionate to its significance or the matters in issue.”

Clearly the significance of the issue (in my eyes) is that MFRA told untruths to the public during its consultation to get the answers it wanted and refused to tell the public it had put aside £300,000 to pay Wirral Council for the land at first Greasby, then Saughall Massie.

Those untruths in the consultation have now formed part of Merseyside Fire and Rescue Authority’s planning application.

Indeed there are some that would argue that the invoices for £153,250.61 of work before planning permission is obtained have involved costs to the public too!

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21 Conservative councillors request public meeting to discuss halting Girtrell Court closure plans

21 Conservative councillors request public meeting to discuss halting Girtrell Court closure plans

21 Conservative councillors request public meeting to discuss halting Girtrell Court closure plans

                                           

Bernard Halley (left) talking about Girtrell Court at the Wirral West Constituency Committee 11th February 2016 L to R (foreground) Bernard Halley, David L to R (background) Graham Hodkinson, Cllr Matthew Patrick
Bernard Halley (left) talking about Girtrell Court at the Wirral West Constituency Committee 11th February 2016 L to R (foreground) Bernard Halley, David L to R (background) Graham Hodkinson, Cllr Matthew Patrick

21 Conservative councillors have requested a special meeting of Wirral Council councillors to discuss the future of Girtrell Court. Based on promises that the replacement service would be “equal to, or better than” Girtrell Court, the councillors point out that the twenty bed service at Girtrell Court is being replaced by a ten bed unit.

Therefore they do not believe that replacing a twenty bed service with a ten bed service is “equal to, or better than” Girtrell Court and call upon the Council to reverse its decision to close Girtrell Court.

The public meeting to discuss the future of Girtrell Court is expected to take place on the evening of the 14th November 2016 in the Council Chamber at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED. It will start at either 6.15 pm or when the previous meeting to discuss the future of the Liverpool City Region Combined Authority finishes.



Updated 16/11/2016 You can watch what happened at that Extraordinary meeting of Wirral Council held on the 14th November 2016 to discuss Girtrell Court below.

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Extraordinary Meeting, Council (Wirral Council) Girtrell Court 14th November 2016 Part 1 of 2

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Extraordinary Meeting, Council (Wirral Council) Girtrell Court 14th November 2016 Part 2 of 2

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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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Wirral Council defy law (for the 4th time) to ban filming at public meeting to discuss alcohol

Wirral Council defy law (for the 4th time) to ban filming at public meeting to discuss alcohol

Wirral Council defy law (for the 4th time) to ban filming at public meeting to discuss alcohol

                                                 

1 Peter 2:15
For it is God’s will that by doing good you should silence the ignorant talk of foolish people
Councillor Bill Davies, Left (Chair, Licensing Act 2003 Committee (Wirral Council)) votes against a filming ban of a public meeting 26th October 2016
Councillor Bill Davies, Left (Chair, Licensing Act 2003 Committee (Wirral Council)) votes against a filming ban of a public meeting 26th October 2016

Over two years ago, the law was changed and Wirral Council was criticised in a press release for trying to stop filming of its public meetings.

Last night Wirral Council’s Licensing Act 2003 Committee met.

Wirral Council started the Wirral Alcohol Inquiry in September 2015 and awarded the tender for this to Shared Future (a Community Interest Company). The question that they were asked to answer was, “What can we all do to make it easier for people to have a healthier relationship with alcohol?”.

The report that came out of talking with twenty Wirral residents made a series of recommendations, the most important one was seen as “Limit the number of licensed premises and make it easier for the public to object to licensing applications. Educate the public that you can have a say on local licensing. Explore how we can make it easier for the public to have their say on local licensing.”

Three of the twenty residents were present at last night’s meeting. However despite receiving legal advice to allow filming to go ahead, despite the law being changed over two years ago, councillors decided to adjourn the whole meeting, ironically to make is harder for the public to have their say on local licensing.

This marks the 4th time since the legislation was changed this has happened and here’s just a brief look back at when Wirral Council has tried this before since the legislation change.

The day democracy and freedom of the press died at Wirral Council: 28th October 2014

Councillors decided to ban filming of the Youth and Play Service Advisory Committee, to avoid future problems the Committee stopped meeting in public and now Wirral Council is subject to government intervention for the way it runs the Children and Young Peoples’ Department.

Labour councillor bans filming at public meeting to decide whether to licence a taxi that’s over 10 years old

There’s a transcript of what happened, but essentially a councillor wanted to ban filming of a public meeting discussing whether to licence a taxi.

Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes?

At the Standards Panel meeting involving a complaint about Cllr Foulkes, the public were prevented from both attending and filming.

So yes, in scenes that remind me of the film Groundhog Day, watch below as councillors would rather adjourn the whole meeting, than have some openness and transparency.

Councillors were repeatedly advised by a solicitor advising the Licensing Act 2003 Committee to allow filming, but some chose to ignore him.

The vote was as follows.

For a filming ban (that they have no power to impose and is in my view unlawful) (7)
Cllr David Burgess-Joyce (Conservative)
Cllr Ron Abbey (Labour)
Cllr Chris Meaden (Labour)
Cllr Paul Stuart (Labour)
Cllr Denise Roberts (Labour)
Cllr George Davies (Labour)
Cllr Michael Sullivan (proposer, Labour))

Against a filming ban (2)
Cllr Bill Davies (Chair, Labour))
Cllr Dave Mitchell (Liberal Democrat)

You can watch below for what happened at the meeting itself. The 5 minute adjournment lasted twenty-six minutes.

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Licensing Act 2003 Committee (Wirral Council) 26th October 2016 Part 1 of 2

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Licensing Act 2003 Committee (Wirral Council) 26th October 2016 Part 2 of 2

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