U-turn on Fort Perch Rock car parking charges and 2 other updates

U-turn on Fort Perch Rock car parking charges and 2 other updates

U-turn on Fort Perch Rock car parking charges and 2 other updates

                                          

Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 1 of 3

There have been developments recently with a number of stories I’ve written about on this blog so I thought I would give an update for each story.

New Brighton Fort Perch Rock car parking charges

A week ago I wrote a story headlined Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Personally I thought nothing further would happen on this story until the September meeting of Wirral Council’s Highways and Traffic Representation Panel. However, since writing that story Wirral Council have issued a press release that’s titled either “Resort parking plans quashed” (when it’s linked to from their homepage) or “Wirral Council leader says no to plans to charge for parking in New Brighton” from the press release.

There is a very interesting quote in the press release from Councillor Phil Davies that states “Cllr Pat Hackett, our Cabinet Member for the Economy, has been meeting with traders and business leaders in New Brighton to discuss the proposals, and they made a powerful case for not proceeding. When we looked at the plan and the possible impact on parking and tourism across the whole of the resort, I made the decision to stop the proposal”.

On the 22nd December 2014, I wrote on this blog When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces? (later updating it this year by including the public notice). I published the three pages of Wirral Council’s lease for the Marine Point development at New Brighton that detailed if Wirral Council introduced car parking charges at Fort Perch Rock car park, charges could be introduced at the supermarket car park and the “health and fitness” car park (originally Bubbles was going to be a gym but they couldn’t find a company that wanted to run it as a gym). This was plenty of time before the 2015/16 budget for Wirral Council was agreed on the 24th February 2015 for councillors to change their mind.

An article by Liam Murphy in the Liverpool Echo states “But Promenade Estates, who manage part of the successfully regenerated resort, say if the charges are imposed they would have little choice but to follow suit. This would mean parking charges on the car parks serving Morrisons, The Light Cinema, Bubbles play centre and other businesses.”

So it wasn’t just a “possible impact” but a “probable impact”. On the 9th December 2014, Councillor Phil Davies proposed and voted for this resolution at a Cabinet meeting, that was seconded and agreed by all councillors including Cllr Pat Hackett:

“We also feel that it is appropriate to introduce a modest charge for parking at Fort Perch Rock in New Brighton up to 6 p.m.”

“67.We also feel it is appropriate that a modest charge for parking up to 6 pm. at Fort Perch Rock in New Brighton should be introduced.”

So Councillor Phil Davies U-turned on his own policy! However it begs the following question, if the reason for stopping the proposal is the impact on parking across the resort (as stated in the quote from Cllr Phil Davies), then why wasn’t he told about the impact on parking elsewhere in Marine Point by his own officers before Cabinet made the decision? As you can see below from the first page of the lease that has the clauses about parking, Wirral Council is the landlord for the Marine Point development.

New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd cover page
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd cover page

I’ll also draw readers attention to a leaflet from April 2015 from Tony Pritchard (the Conservative candidate for New Brighton ward and former councillor opposing parking charges at Fort Perch Rock car park.

The mysteriously missing Employment Tribunal judgement

I wrote previously about my failed attempts to get a copy of an Employment Tribunal judgement in a case involving Wirral Council. I have since been told by a clerk to the Employment Tribunal that the case hasn’t concluded and that there will be a final hearing listed for November 2015. After the final hearing I can request a copy of the judgement.

Merseyside Recycling and Waste Authority and DHA Communications

An earlier story headlined Why did Merseyside Recycling and Waste Authority pay a PR agency £650 + VAT a day? which involved Merseyside Recycling and Waste Authority paying a £1,625 monthly retainer has led to a statement from Merseyside Recycling and Waste Authority which I will quote here:

“I confirm that the Authority no longer retains DHA Communications and the use of their services ceased as of March 31st 2015. The Authority recognises that some parts of its relationship with DHA Communications was not fully formalised in some time periods. The Authority has reviewed its practices in relation to this type of contract and has now put in additional measures and monitoring in place to ensure that an accurate audit trail is retained.”

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Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

                                                            

Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 2 of 3
Fort Perch Rock car park 29th June 2015 Photo 2 of 3
Fort Perch Rock car park 29th June 2015 Photo 3 of 3
Fort Perch Rock car park 29th June 2015 Photo 3 of 3

Above are three photos of Fort Perch Rock car park in New Brighton taken on the 29th June 2015. Over the busier summer holidays this car park will be full.

Future Council Wirral logo
Future Council Wirral logo

As part of the Future Council consultation last year Wirral Council consulted the public on £2.5 million of budget cuts. In the end only £2.4 million of cuts were agreed because of savings that resulted from the extended Biffa contract.

One of the budget options as part of the Future Council consultation was to introduce car parking charges at the Fort Perch Rock car park in New Brighton. Councillors were told that this would bring in an estimated £25,000 in 2015/16 and £10,000 in 2016/17. A public document (that wasn’t part of the documents shared with the public as part of the Future Council consultation) estimated that the cost of providing cash payment ticket machines would be £20,000 (see section 6.2 page 9).

Last year as part of that budget consultation, there was a public meeting of Wirral Council’s Regeneration and Environment Policy and Performance Committee on the 4th November 2014 where councillors discussed the budget option for charging for car parking at Fort Perch Rock car park.

You can watch that discussion in the Youtube video below which should start at the point about the Fort Perch Rock car park.

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The minutes of what was agreed at the public meeting of the 4th November 2014 are included in the agenda for the Cabinet meeting that decided on the budget options.

At that meeting Cllr Jerry Williams (Wirral Council’s Heritage Champion and a Labour councillor) tried to move a recommendation that the budget option of charging at Fort Perch Rock car park be removed from the budget options. However the solicitor advising the Committee said that it couldn’t be removed, so instead it was watered down to a recommendation to Cabinet that the budget option wasn’t adopted. The recommendation was seconded by Cllr Robert Gregson (also a Labour councillor representing New Brighton ward). This is what the recommendation stated:

“The Regeneration and Environment Policy and Performance Committee recommend to Cabinet that the budget option to introduce car parking charges at Fort Perch Rock Car Park, New Brighton is not adopted.”

                                                            
Cllr Irene Williams (Labour), Cllr John Salter (Labour), Cllr Anita Leech (Labour), Cllr Matt Daniel (Labour), Cllr Robert Gregson (Labour), Cllr Jim Crabtree (Labour), Cllr Jerry Williams (Labour), Cllr Steve Williams (Conservative), Cllr John Hale (Conservative), Cllr Jerry Ellis (Conservative), Cllr Andrew Hodson (Conservative) and Cllr David Elderton (Conservative) voted in favour of the recommendation.

Two councillors voted against that recommendation (Cllr Chris Carubia (Lib Dem) and Cllr Mike Sullivan (Chair, Labour)).

On the 9th December 2014 Cabinet (which is ten Labour councillors including one for New Brighton Cllr Pat Hackett) met. They didn’t agree with the recommendation from the Policy and Performance Committee and instead voted to introduce car parking charges at Fort Perch Rock in New Brighton. The minutes of that meeting state “We also feel that it is appropriate to introduce a modest charge for parking at Fort Perch Rock in New Brighton up to 6 p.m.” .

This Cabinet budget proposal then formed the Cabinet’s proposal for Labour’s budget to the 2015/16 budget meeting of all councillors held on the 24th February 2015.

All the Labour councillors on the 24th February 2015 present at that meeting (including those who had three months earlier voted for a recommendation to Cabinet not to start charging for parking at Fort Perch Rock) voted for the Labour budget apart from Cllr Steve Foulkes (who was Mayor and Mayor’s traditionally abstain from votes on party political matters). You can see which way each councillor voted on the Labour’s budget here.

On December 22nd 2014 I wrote When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces? which details how if car parking charges are brought in at Fort Perch Rock car park then under the terms of the lease that Wirral Council has for the Marine Point development at New Brighton, that charges could be introduced at two free car parks (the supermarket car park and the health & fitness car park).

Earlier this year Wirral Council had a formal consultation on introducing car parking charges at Fort Perch Rock car park. You can see the public notice (which has more detail as to how much they could charge for parking) for that consultation below. That consultation ended on the 3rd July 2015.

Fort Perch Rock car park public notice
Fort Perch Rock car park public notice

There is a large petition against introducing charging for car parking at Fort Perch Rock car park in New Brighton which at the time of writing has 3,395 signatures.

So what happens next? In September there will be a public meeting of the Highways and Traffic Representation Panel to consider objections people have made to introducing car parking charges at Fort Perch Rock car park.

The Chair of the Highways and Traffic Representation Panel is Cllr Steve Williams (Conservative). Cllr Mike Sullivan (Labour) and Cllr Dave Mitchell (Lib Dem) are the rest of the panel. This panel meets during the day and if any of the three councillors can’t make it to the meeting they can send a deputy in their place.

When the Highways and Traffic Representation Panel meets in September, it will make a recommendation on whether to introduce car parking charges at Fort Perch Rock car park to the Regeneration and Environment Policy and Performance Committee. The Regeneration and Environment Policy and Performance Committee meet in public on the 15th September 2015 starting at 6.00pm in Committee Room 1 at Wallasey Town Hall. The Regeneration and Environment Policy and Performance Committee can alter any recommendation they receive from the Highways and Traffic Representation Panel.

The Regeneration and Environment Policy and Performance Committee then make a recommendation to the Cabinet Member for Highways and Transportation Cllr Stuart Whittingham who then makes a formal decision on the matter which is published on Wirral Council’s website.

Such a large petition also grants the petition organiser for five minutes to explain their petition at a meeting of all councillors, which then triggers a debate of a maximum of fifteen minutes. However as the next meeting of Council is on the 12th October 2015 (probably after all this will be decided) this is a moot point.

Finally, what’s known now, but wasn’t known last year, is that Wirral Council had an underspend last year of £510,000 last year (which is money that is carried over to this year).

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What are the changes next year to the public's right to inspect documents of public bodies during the audit?

What are the changes next year to the public’s right to inspect documents of public bodies during the audit?

What are the changes next year to the public’s right to inspect documents of public bodies during the audit?

                                             

Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 2 of 2
Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 2 of 2

Above is one of the documents I requested under the 2013/14 audit last year, which is a page of a lease that Wirral Council have with Neptune that states that if Wirral Council introduce car parking in the Fort Perch Rock car park, then charges can be introduced in the free car parks part of the Marine Point development.

Each year for the past few years I have exercised a right you get to exercise only for three weeks each year, which is a right under section 15 of the Audit Commission Act 1998 to inspect documents relating to the previous financial year (2014/15) during the audit.

This has in years gone past has been the only way to see such financial information and to give one example of a story that resulted in many interesting stories on this blog (ranging from councillor’s expenses and taxis to an unsigned contract for a million pounds worth of work).

This year I have exercised my s.15 right not just with Wirral Council, but with Liverpool City Council, Merseytravel, the Merseyside Fire and Rescue Authority and the Merseyside Recycling and Waste Authority.

A couple of weeks before the three-week period when the public can inspect these documents each of these bodies has to publish a public notice in a newspaper that circulates in the area covered by that body. The regulations also require each body to publish this notice on their website. Wirral Council’s notice can be found on their website here.

To save myself trekking off to Birkenhead Central library and spending an afternoon going through back issues of the local newspapers trying to find the public notices, I found this website that has a searchable database of all public notices published by the Trinity Mirror group.

All of the notices (apart from the Merseytravel one) had a name of someone at that public body who I wrote to (whether by letter or by email). In the case of Merseytravel I wrote to the Chief Executive, who passed my request on to the person at Merseytravel dealing with it.

So far the responses have been as follows:

Merseytravel – dates of Monday 27th July 2015/Tuesday 28th July 2015 agreed to come in and inspect the documents. They have a “paperless office”, but will be printing off copies of the invoices/contracts I requested so their legal department can redact parts of them.

Merseyside Waste and Recycling Authority – dates of Friday 24th July and Wednesday 29th July 2015 have been agreed to come in and inspect documents.

Liverpool City Council – email sent yesterday, no reply received yet

Merseyside Fire and Rescue Authority – email sent and acknowledged on the 15th July 2015, no further reply received since

Wirral Council – email sent with request for contracts & councillor expenses on 19th July 2015, reply received yesterday, list of invoices sent this morning, no reply received yet or date/s arranged

Next year, any right of access to invoices and contracts will be under the new section 26 of the Local Audit and Accountability Act 2014.

The main differences will be next year that a new ground of refusing a request on grounds of “commercial confidentiality” has been added in to the legislation unless there is an “overriding public interest in favour of its disclosure”.

This puts on a statutory footing the Veolia case, see [2010] EWCA Civ 1214 if you’re curious about what I mean.

The new section 26 also means that determinations about what is “personal information” on documents (therefore not open to inspection) will in future be made by the public body themselves and not the situation at present of the public body having to get agreement from their external auditor to this. It does make it crystal clear that the names of sole traders on invoices is not covered by the definition of “personal information” and defines “personal information” as “identifies a particular individual or enables a particular individual to be identified”. The restriction on information about the public body’s staff remains in section 26 next year.

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Wirral Council spent £6,950 for 10 days of IT support for councillors & £7,498.48 on a family planning course

Wirral Council spent £6,950 for 10 days of IT support for councillors & £7,498.48 on a family planning course

Wirral Council spent £6,950 for 10 days of IT support for councillors & £7,498.48 on a family planning course

                                  

Wirral Host of the Open Championship 2014
Wirral Host of the Open Championship 2014

As one of the new requirements of The Local Government (Transparency Requirements) (England) Regulations 2015 Wirral Council are required to publish certain types of information specified in the Local Government Transparency Code 2015.

Wirral Council published on the 14th May 2015 details of contracts, commissioned activity, purchase orders, framework agreements and any other legally enforceable agreement of between £5,000 and £10,000 on the data.gov.uk website here.

The first contract that caught my eye was one for £6,950 with Odgers Interim (which if you remember a previous blog post of mine is an organisation that provides agency staff). The title of the contract is “consultancy support of Windows 7 & ICT Services” and its description is “10 Days Consultancy in Support of Windows 7 & ICT services to Elected Members Total £6,950.00”. Elected Members means councillors.

Wirral Council also spent £5,000 with England’s Golf Coast Limited for “Annual Membership to England’s Golf Coast”, £6,812.30 with an organisation called Assist Managed Services for a week of cleaning up New Brighton in July 2014, £5,000 with a company called O’Neill PR based in Macclesfield for “Tourism PR at the Open Golf Championship 2014”, £5,854.45 for catering at a wedding on the 16th August 2014 to a Skelmersdale based catering company (although this will have been recharged to whoever paid for the wedding), £8,000 to AMION Consulting Limited for “Development of a vision for Wirral’s tourism strategy to sustain and grow the Borough’s visitor economy” described as for “developing a vision for Wirral’s Tourism businesses a 5 year strategy for the Borough’s visitor economy”, £9,847.80 to Huck Nets Limited for a piece of play equipment called a Birds Nest Tree at Diamond Farm, Saughall Massie, £7,498.48 to Wirral University Teaching Hospital NHS Foundation Trust for a “Family Planning Course”, £7,597.13 for a “Viking Playship” from Hags-SMP Limited, £6,510.00 to H&G Healthcare Limited for 100 “flu vaccination vouchers” in October 2014, £6,533.99 to AECOM Limited for a “Wirral Docks Bridge Feasibility Study” and £9,570 to Exterion Media (UK) Ltd to “supply poster sites for the Wonders of Wirral Spring Campaign”.

Whereas I’m generally a fan of increased transparency involving Wirral Council, in the description field published on the data.gov.uk website about a payment for £9,275.74 to Autism Initiatives, Wirral Council have included the full name of the child or adult with autism. In the context of services provided by Autism Initiatives this would also be classed as “sensitive personal information”. Also in two payments to West Kirby Residential School (a special school) for school fees, Wirral Council have revealed the name of two children by the information published on the website. Again in the context this would be classed as “sensitive personal information”. Maybe Wirral Council needs to think again whether it is being too transparent in these sensitive areas?

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Election result (Wirral Council, 2015): New Brighton: Labour hold (Pat Hackett)

Election result (Wirral Council, 2015): New Brighton: Labour hold (Pat Hackett)

Election result (Wirral Council, 2015): New Brighton: Labour hold (Pat Hackett)

                                                   

Candidate Party Votes
Patrick Joseph Hackett Labour 3,822
Tony Pritchard Conservative 2,223
Gillian Homeri Green Party 634
Tim Power UK Independence Party (UKIP) 595
     

The turnout was 66.4% and the electorate was 11,003. This result was declared at 13:30.

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