I received a 2 page letter yesterday (4th September 2017) sent by Second Class post dated 1st September 2017 from ICO (the regulator).
In summary the letter states that the Information Commissioner’s solicitors are now dealing with the matter as Wirral Metropolitan Borough Council have appealed decision notice FER0672223 to the First-tier Tribunal (Information Rights).
As Wirral Council are the Appellant, the Information Commissioner will be First Respondent.
ICO’s letter also states that due to this the Commissioner won’t be keeping me informed about further developments on the appeal.
Although I’m the person who made the original information request, as I’m not appealing the decision notice, I’m not at the point of writing this blog post a party to the matter.
From past experience it could take ~7 months before a decision is reached.
This is a new situation I find myself in as it’s the first time a public authority has appealed to the First-tier Tribunal a decision notice relating to an information request I’ve made!
A copy of ICO’s two page letter is below, the First-tier Tribunal case reference number is EA/2017/0191.
Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie Fire Station site if planning application APP/17/00306 is approved?
Will Wirral Council receive £300,000 windfall for greenbelt Saughall Massie Fire Station site if planning application APP/17/00306 is approved?
In a 20 page planning report on a revised planning application for a fire station in Saughall Massie, councillors on the Planning Committee have been recommended to approve the application.
A previous application for a fire station was refused by Wirral Council’s Planning Committee on a 7:6 vote last year. An appeal of this planning application refusal to the Planning Inspectorate was considered but abandoned.
Wirral Council’s Planning Committee meets next week on Thursday 22nd June 2017, starting at 6.00 pm to consider the revised planning application in Committee Room 1 at Wallasey Town Hall, Brighton Street, Seacombe. It is expected that a site visit will be requested at this meeting which if agreed will delay a final decision on the planning application to a later meeting of the Planning Committee (expected to be on the 20th July 2017).
As the planning report states, the petition of objection to the planning application has grown to 4,034 signatures and there have been 324 objections to the new application at the time the report was written.
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What are the new powers of the Metro Mayor to decide on planning applications?
What are the new powers of the Metro Mayor to decide on planning applications?
How planning applications are decided will change after a new Metro Mayor is elected next month. The Liverpool City Region Combined Authority will have the power (from the 8th May 2017) to decide on planning applications of “potential strategic importance”.
Whether a planning application is of “potential strategic importance” is defined in the legislation in categories such as large-scale developments, major infrastructure and development which may affect strategic policies.
The last category includes planning applications in the green belt that involve constructing buildings with over 1,000 square metres floor space.
For example the controversial Saughall Massie fire station planning application is in the green belt, but is for a building of 645 square metres (originally 737 square metres) so this would be decided by Wirral Council’s Planning Committee.
However the equally controversial Hoylake Golf Resort project will involve a planning application for the construction of buildings over 1000 square metres so could easily be deemed to be of “potential strategic importance” and be determined by the Liverpool City Region Combined Authority and not Wirral Council’s Planning Committee.
Interestingly, the revised planning application for a fire station at Saughall Massie includes the proposed Hoylake Golf Resort as a reason for a fire station at this location.
Why did Wirral Council councillors vote for a just over 4.5% council tax rise?
Why did Wirral Council councillors vote for a just over 4.5% council tax rise?
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Why was trouble brewing in the Shire about a fire station? (Lord of the Rings parody)
Why was trouble brewing in the Shire about a fire station? (Lord of the Rings parody)
This is a parody of local politics based on the Lord of the Rings. As someone referred to in it I’d better declare an interest. As a child I read the Lord of the Rings trilogy in a Wirral Council library that Wirral Council later tried to close (but the government stopped them) because of people who Wirral Council would probably label “unreasonable”.
In the Shire, trouble was brewing. Not only were the hobbits cross at plans to concrete over their beloved countryside with a fire station, but Men had decided (although it was now under review) to spend much of the hobbits’ money on a golf resort project too.
This story had begun some time ago.
The hobbits had decided on a representative called McVey who a group of the Men had taken a dislike to*. The Men had told the hobbits that McVey was why their fire stations must close (even though the Men had decided this). This way the Men could persuade the hobbits to ditch McVey and pick the Men’s representative instead. It was all about power!
* I’m being diplomatic.
So there were consultation meetings of the hobbits so well attended, hobbits couldn’t get in and stood outside getting cross.
At these meetings the Fire Man, who lived in the Shire, told those who actually managed to make it inside that whoever the hobbits voted for the fire stations would still close. So much for democracy!
However the Men got worried, enough of the hobbits were cross about the issue, that if the Men decided to put a new fire station in Greasby (demolishing a much-loved library and community centre in the process), McVey might win again! So the Men gave the credit for stopping the fire station plans to the Men’s candidate instead who had a very Shirey sounding name Greenwood.
Instead as a plan B, the new fire station would now be in Saughall Massie.
Around this time, a man who’d grown up in the Shire as a child and was described by some as a legend (or as the Judge described him “obstinate” and “unreasonable”*) asked the Men for the costs of this project as the Men claimed it was to save money. The arguments around this matter carried on for 1 year and 5 months (despite the law stating this information should be provided within 20 working days!)
* George Bernard Shaw: The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man.
Although the information was eventually provided, it turned out that the hobbits had been lied to during the consultations so that the Men could get the answers they wanted!
Oh dear!
Not only that but the Men had repeated these lies in their planning application for the fire station in Saughall Massie.
Double oh dear!
However the Judge decreed at a hearing (the Judge later admitted that he hadn’t read all the papers about this matter before the hearing took place*) that there was no “public importance” to the hobbits knowing that they’d been lied to and later ordered the man to pay the Men £500.
* thus stating more in a nutshell about justice, fairness and decision-making than the man ever could
This was despite the Men who controlled the Fire Authority having an annual budget of £62.673 million (revenue) and £20.6 million (capital). The Fire Authority had also received £297,900 (revenue) and £4.171 million (capital) in extra funds by the government for the fire stations mergers project.
The Men on the Fire Authority also had decided to pay their in-house solicitor £102,000 a year and picked this person too.
After all the Men had been saying for ages the hobbits should give them more money and the Men really disliked requests for information! This was money that the Men on the Fire Authority could then spend on taxis to public meetings, expensive dinners and stays in hotels.
The fact that the man who had grown up in the Shire had (as a result of this) told the hobbits that ~£300,000* of their money for the land would go to the very body who decided on the planning application (if the planning application was approved) was embarrassing to the Men (who had wanted to keep this a secret).
* at 2015 prices, anybody want to leave a comment on the legal implications of this?
But the legend (that was what people called him) still believed in openness and transparency.
He had realised that the Shire was in danger of being altered permanently and corrupted by greedy Men interested in power.
Not just with the fire station, but with the golf resort too.
Greed had truly corrupted the Men’s hearts.
But what would happen next?
Would the Planning Committee refuse the planning application for the fire station?
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