VIDEO: Wirral West Constituency Committee (Wirral Council) 4th October 2018 – what levels of housing in Wirral’s greenbelt are needed for the Local Plan?
VIDEO: Wirral West Constituency Committee (Wirral Council) 4th October 2018 – what levels of housing in Wirral’s greenbelt are needed for the Local Plan?
A member of the public asking questions about the Local Plan Wirral West Constituency Committee 4th October 2018
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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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Cllr Phil Gilchrist (right) (Leader of the Liberal Democrat Group of councillors on Wirral Council) speaking at the Budget meeting of Wirral Council (6th March 2017)
It’s been misreported in the press that both Wirral Council and Liverpool City Council agreed a 4.99% council tax rise.
Wirral Council and Magenta Living promise to work together to combat flytipping on Crossways Estate
Wirral Council and Magenta Living promise to work together to combat flytipping on Crossways Estate
Councillor George Davies (Cabinet Member for Housing and Community Safety) and Chair of the Birkenhead Constituency Committee 28th July 2016
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Birkenhead Constituency Committee 28th July 2016 The public questions referred to below start at the 20 minute 21 second mark
The author lives around half a mile from the area described below.
As you can read in this blog post (which is mainly photos) from January 2011 flytipping has been a problem at Flaybrick Cemetery and the turning heads at the top of Hoblyn Road, Collin Road and Naylor Road for some time.
In the last few days I was walking with my wife Leonora there (sadly without my camera) and there is a lot of flytipping at the top of Naylor Road by Flaybrick Cemetery.
As the photo in this blog post from a local community organiser shows Magenta Living have “tinned up” many of the properties on the Crossways estate meaning that sadly flytipping in that area can be done unobserved.
At the last Birkenhead Constituency Committee (held near the end of July) I asked what was being done about flytipping and what is planned for the future of the houses in these roads.
The written answers given to both questions are below (although you can also watch me ask them in the video above).
Response from Department for Regeneration and Environment (Wirral Council)
Hoblyn Road, Collin Road and Naylor Road are all done on a street cleansing every 4 weeks schedule. Over the past months we have had several deposits of fly tipping emerging at the very top of these areas.
We have had the councils [sic] Enforcement Team and Kingdom investigating the fly tipping and have had positive feedback.
We are also working with Magenta Living regarding the development of the existing houses with additional street cleansing. We will continue to work alongside Magenta living [sic] when the new development is completed working with housing officers tackling waste and recycling and street cleaning and fly tipping.
(Cllr Steve Foulkes who is a Wirral Council appointed Director of Magenta Living left the room during this question)
Response from Magenta:
The Crossways estate in North Birkenhead comprises of 200 3 bed houses including Hoblyn, Collin and Naylor Road along with 13 properties on Hoylake Road.
Very limited demand began to be experienced and Magenta Living took the decision not to allocate any of the properties on Crossways until a longer term, sustainable solution could be found.
Magenta Living has carried out survey work and been working with residents to identify improvement options. One of the principle issues raised by residents was the unpopular ‘gilbury’ units, ground floor extensions that house the bathroom facilities. Two demonstration properties were made available to residents to view in May 2016, one had the bathroom relocated upstairs and made into a 2 bed house, the other was retained as a 3 bed again with the bathroom upstairs.
Feedback from residents was largely very positive and work has subsequently commenced, on a phased basis in order to ensure demand still exists, improving the empty properties in Hoblyn Road, including the demolition the gilbury units, before the occupied properties are then improved.
Other works identified include;
Demolition of some properties towards Flaybrick Memorial Gardens
Improved physical security measures
Improving the external appearance of properties
Exploring the option of a low cost home ownership scheme
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Wirral Council U-turn on refusal of request for information after complaint to the Information Commissioner’s Office
Wirral Council U-turn on refusal of request for information after complaint to the Information Commissioner’s Office
Last year, during the 2013/14 audit I requested various information on various payments Wirral Council has made to legal firms. One of these was an invoice for £700 for conveyancing done by DLA Piper UK LLP (a copy of which is below).
Wirral Council invoice DLA Piper UK LLP conveyance £700 7th August 2013
As you can see above it’s for a BACS payment (although the payments over £500 list this as a CHAPS payment) for £700, split into £200 for a contribution towards sewers (although the rest of what the £200 is for can’t be made out due to bad handwriting) and £500 to do with the purchase of the freehold title.
If you look at the image above you’ll find the address of the property is blacked out. Section 15 of the Audit Commission Act 1998 allow Wirral Council to redact information if it relates to a member of their staff (or payments or other benefits made to their staff connected with their employment) or to withhold personal information if the external auditor agrees to it.
So going back to the PR1 form above I wanted to know what the address that this £700 for conveyancing spent by Wirral Council was, so back on the 26th January 2015 I asked using the Freedom of Information Act for the address.
By the 24th February 2015, having received no reply to my request of the 26th January 2015 within the 20 days Wirral Council have to respond to FOI requests, I requested an internal review because of the lack of response.
She then went on to refuse the request using an exception in Regulation 12(5)(e) which states:
“the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest;”
The reasons she gave for refusing the request were:
“in that a public authority may refuse to disclose information to the extent that its disclosure would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest. I have had regard to the guidance issued by the Information Commissioner’s Office, “Confidentiality of commercial or industrial information (regulation 12 (5) (e) Version 1.2. I consider that the following applies to the requested information in the context of the other information included in the payment requisition fund:-
The information is commercial or industrial in nature
Confidentiality is provided by law
The confidentiality is protecting a legitimate economic interest
The confidentiality would be adversely affected by disclosure.
I consider that the information relates to the commercial activity of a third party. I also consider that confidentiality is provided by law in that it is imposed on the Council as a public authority by the common law of confidence and contractual obligation. I consider that the confidentiality is protecting a legitimate economic interest. The First Tier Tribunal (Information Rights) confirmed in Elmbridge Borough Council v. Information Commissioner and Gladedale Group Ltd (EA/2010/0106, 4 January 2011) that to satisfy this element of the test, disclosure of the confidential information would have to adversely affect a legitimate economic interest of the person the confidentiality is designed to protect. I consider that disclosure of the requested information would adversely affect the legitimate economic interest of the third party and also that of the Council.
This exception is subject to the public interest test.
Public interest factors in favour of disclosure
Promotion of transparency and accountability of public authorities
Public interest factors in maintaining the exception
Disclosure would adversely affect the legitimate economic interest of a third party and interfere with commercial bargaining in the context of existing or future negotiations
Disclosure of the requested information would also affect the bargaining position of the Council with third parties.
I consider that in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information. I am therefore refusing your request for information on the basis that the exception contained in Regulation 12 (5) (e) of the EIR applies.”
On the 25th March 2015 I appealed Wirral Council’s refusal to the Information Commissioner’s Office.
Today Wirral Council reversed their position and stated:
“Following your complaint to the Information Commissioner’s Office, the Council has decided to reverse its position, having previously relied on the exception contained in Regulation 12 (5) (e) of the Environmental Information Regulations 2004. I do not consider that releasing the information would now adversely affect the legitimate economic interest of a third party. The address of the property, which you have requested is 13 Thorneycroft Street, Birkenhead. I have copied this response to the Information Commissioner’s Office.”
Now I know the address is 13 Thorneycroft Street, Birkenhead, I know what this payment for conveyancing is for. The properties in this road as far as I remember had been demolished by the date that this payment to DLA Piper UK LLP for conveyancing happened in August 2013.
In August 2013, Keepmoat were granted planning permission for 125 new houses here and have since built them and sold them on. In fact 13 Thorneycroft Street, Birkenhead doesn’t exist any more, it’s either part of the public open space at the back of the Laird Street Baptist Church or an off-street car parking space for one of the new properties.
So what was the “legitimate interest of a third party” that Wirral Council claimed it was protecting by not supplying the address? How on earth does giving this address interfere with Wirral Council’s “commercial bargaining in the context of existing or future negotiations”?
