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 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.”
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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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
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.
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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