Notice of Motion on flooding in Moreton to be debated by Wirral’s councillors tonight

Notice of Motion on flooding in Moreton to be debated by Wirral’s councillors tonight

Notice of Motion on flooding in Moreton to be debated by Wirral’s councillors tonight

                                                             

Cllr Chris Blakeley (foreground centre) the proposer of the Notice of Motion on flooding in Moreton at a public meeting last month
Cllr Chris Blakeley (foreground centre) the proposer of the Notice of Motion on flooding in Moreton at a public meeting last month

Wirral Council has a sub domain (democracy.wirral.gov.uk) on its website which is used to publish information to do with public meetings.

Due to the way its configured, the search engines (at least the search engines that respect such rules) are barred from searching pages on its website.

I have to declare at this point that I earn money from Google. However to illustrate this point a quick search of the site in Google will only show one page even though there are many more pages than that.

So I used a program called Xenu Link Sleuth to create an index of pages on that part of Wirral Council’s website. This has thrown up many interesting (and some quite frankly dull pages).

For example, one of the larger files on that part of Wirral Council’s website at nearly 17 megabytes is the Mersey Heartlands Water Cycle Study (January 2014) (100 pages) which was done for Wirral Council and Liverpool City Council by URS Infrastructure & Environment UK Ltd. The report is connected to this delegated decision made by the Cabinet Member for the Economy made on the 26th February 2014 and is a material consideration when deciding on planning applications.

Pages 65 to 72 of that report deal with management of flood risk and Notice of Motion 4 to tonight’s Council meeting is about flooding in Moreton. Labour have submitted an amendment (amendment 2 on this list) that adds an extra two paragraphs to the original motion.

That report mentions in detail the risks of various types of flooding and refers to the River Birket. As it states in the report:

  • "The main river draining the Wirral Mersey Heartland, the River Birket, relies on pumping, and the area is reliant on flood defences to minimise flood risk to the existing development both from fluvial and tidal flood risk and surface water drainage channels. Failure of these defences constitutes a residual risk of flooding to the area."

If you’re wondering what fluvial means, it means “of or relating to a river”.

The report also details what how new homes should be more water efficient through the Water Efficiency Targets such as through water efficient showers, rainwater harvesting and other measures to cut down the amount of water used by households.

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Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

                                          

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Wirral Council’s Regeneration and Environment Committee meeting of the 15th September 2015 (Part 1 of 4) who discussed a notice of motion about a proposed new fire station in Saughall Massie

Yesterday evening’s meeting of Wirral Council’s Regeneration and Environment Committee was well attended by members of the public.

There were also many councillors from the ruling Labour administration to see what was happening first hand.

Many members of the public were there to see what happened on a vote on whether the land at Saughall Massie (owned by Wirral Council) would be blocked from being gifted, leased or sold to Merseyside Fire and Rescue Service for a new fire station.

However let’s start at the beginning.

The sole Lib Dem councillor at the meeting was running late so the Committee started the meeting with just the Labour and Conservative councillors. The first item was declarations of interest.

Councillor Steve Nilbock (a Labour councillor) had to declare a prejudicial interest in the Saughall Massie fire station item as he’s a member of the Merseyside Fire and Rescue Authority. This meant he had to leave the room during that item and not take part in the vote.

Councillor Anita Leech (a Labour councillor and Chair of the Planning Committee) also declared an interest in the Saughall Massie fire station item as although no planning application has yet been made she may have to make a decision on it in the future.

Councillor Jean Stapleton (a Labour councillor) had to declare a prejudicial interest in the Saughall Massie fire station item as she’s a member of the Merseyside Fire and Rescue Authority. This meant she had to leave the room during that item and not take part in the vote.

So that was three Labour councillors that couldn’t vote (as they wouldn’t be in the room).

The Chair then announced he would be dealing with item 4 (proposal for a fire station on green belt land in Saughall Massie) first due to the large numbers of members of the public present.

Although he was reminded he had to first approve the minutes, he pointed out he hadn’t been at the last meeting so someone else would have to propose approval of the minutes.

At this point three Labour councillors (Councillors Niblock, Leech and Stapleton) had to leave the room (having each declared a prejudicial interest) and took no further part in the discussion or vote on the Saughall Massie fire station issue.

At this point the Lib Dem councillor on the Committee, Cllr Dave Mitchell arrived and apologised for being late.

Wirral Council - Regeneration and Environment Committee Policy and Performance Committee 15th September 2015 - Councillor Chris Blakeley in the foreground explains his notice of motion on the Saughall Massie fire station
Wirral Council – Regeneration and Environment Committee Policy and Performance Committee 15th September 2015 – Councillor Chris Blakeley in the foreground explains his notice of motion on the Saughall Massie fire station

The Conservative councillor for Moreton West and Saughall Massie, Cllr Chris Blakeley (in the foreground of the photo above) was then invited to introduce his notice of motion (which had been referred by the Mayor to this Committee at the Council meeting on the 6th July 2015).

At this point (and I’m trying not to take sides on what is now a party political issue) and as this issue has had many decisions and press coverage over the years, I will feel it would be better to just quote his speech (and declare an interest as he mentions me twice in it). The Chair told Cllr Chris Blakeley he would have ten minutes (although the procedural rules on notices of motion agreed by the Coordinating Committee earlier in the year (see rule 17) don’t give any time limits at all).

Councillor Chris Blakeley (a Conservative councillor for Moreton West and Saughall Massie) said,

“Thank you Chairman, Members, I’ll try not to take up ten minutes, but I have to say it’s an improvement on Council which comes to only seven minutes! So if I do use the ten please forgive me but I will try and keep it as brief as I can.

Thank you Chairman and Members, first of all can I put on record my admiration for the work Merseyside Fire and Rescue Service do and make it clear that this Notice of Motion is not an attack on them. This is simply saying that while the Chief Fire Officer may believe the closure of Upton and West Kirby and building a new fire station on green belt land in Saughall Massie is his only option, the residents of Saughall Massie have made it very clear that they do not want their green belt developed with this or any other development.

As you will see on the Notice of Motion it states that there has been massive public opposition to this proposal which now has risen to over twelve hundred signatures and is growing daily. Also there’s opposition from Saughall Massie Village Area Conservation Society and the Wirral Society and the Chairman of the Saughall Massie Village Area Conservation Society is here tonight.

Sadly however, the proposal for a fire station at this location on our precious green belt appears to have the support of the Labour Party on the Wirral or at least its candidate in this year’s local election who made it very clear in his paperwork and his election address when he said in a leaflet, "I’ll be calling on the Fire Service to guarantee any design for the new fire station is sympathetic to the neighbourhood and will minimise disturbance to the residents of Saughall Massie."

Sadly this begs the question, has Wirral made up or already made up its mind and that’s very difficult to see?

Chairman and Members, the Chief Fire Officer says he has to have a site that is near to the midpoint of West Kirby and Upton as possible in order to give him the best response times.

On response times there’s a little bit of confusion there because at all the public meetings I went to the Chief Fire Officer said about response times and at other public meetings he said let’s not get hung up on response times. So I’m very concerned that the message that’s going from the Chief Fire Officer were to say the least mixed and confused and I don’t think anybody at any public meeting got the same words other than we need this fire station.

So it’s to give him what he says the best response times for West Wirral residents, the protection he believes is necessary.

Yet Chairman, for the last two years, West Kirby he says because these are his words has only been operational for 50% of the time and so he’s covering West Wirral from Upton without any problems and has been for the last two years!

In fact firefighters I talk to on the doorstep told me for all intents and purposes West Kirby Fire Station is not operational at all and of course what about the most at risk site if he moves from Upton which is Arrowe Park Hospital?

The response times to that vulnerable site will be extended, so why the need to move a mile at a cost of over £4 million?

Assuming the Chief Fire Officer is right and they need a new fire station for whatever reason, why does it have to be on our precious green belt? A green belt that has, kept by this Council, has historically defended to the hilt, green belt that according to the very eminent Doctor Hilary Ash, Honorary Conservation Officer for Wirral Wildlife and the Wirral ??? and Cheshire Trust who says the proposed site is used as foraging for barn owls who are nesting on the north side of Saughall Massie Road, who says that bats are feeding here, who says that kingfishers were reported here, who says that if some of the green belt is lost here it would affect these species of protected wildlife along the corridor along there.

Surely this Committee and Council do not want to be responsible for neglecting its biodiversity duties?

Moving on, it’s come to light there’s been an ongoing string of emails. I’d like to thank Mr. Brace for this, because he got all these emails and I will say a long string of emails as you can see. These are them here so thank you Mr. Brace for your tenacity in getting those emails.

The emails are between senior fire officers and senior council officers, including senior planning officers. Therefore it’s no wonder that local people perceive that this is a done deal!

Look Chairman, Members for the avoidance of doubt I’m not saying that there has been any deal at all, I’m simply expressing views said to me by many residents who I represent and given the evidence who can blame them?

One of those emails was from Kieran Timmins. He was Deputy Chief Executive, I hear he’s retiring, I don’t know whether he’s quite gone so I’ll refer to him as the current Deputy Chief Executive of Merseyside Fire and Rescue Service and Council.

Officers talked about sites that had been discounted and sites considered in more detail. According to Mr. Timmins’ email, six sites were considered in more detail, however according to him there were only two runners left. Saughall Massie bypass, which is not the green belt site currently proposed and the library community hub site in Greasby.

Now having had the Greasby site withdrawn by the Leader of the Council, one has to ask why the other frontrunner, their second choice of Saughall Massie bypass described by Mr. Timmins as owned by Wirral Council and looks quite positive based on recent correspondence, was not then turned to. Instead a brand new green belt site, that has never been in the mix previously.

This site which we’re talking about tonight, has never been in the mix until Greasby was withdrawn. Where and how did Council officers suddenly identify a brand new site?

And this isn’t a case of NIMBY [Not In My Back Yard]ism, the site in Saughall Massie Road at the bypass is still in the north-west of Saughall Massie ward. The site at Saughall Massie Road/Upton bypass, like the Greasby site is not in greenbelt and while it’s wooded I checked with Council officers, there are no tree preservation orders on any of the trees. In fact one senior Council officer said the site would already have its own perimeter buffer with the trees that are already in situ.

So Chairman and Members here is a Council owned site that is not in green belt, that is described by Mr Timmins as looking positive. So the Chief Fire Officer’s assertions that there are no alternative sites is clearly is incorrect.

Now I know that the Committee raised earlier this is something that Wirral Planning Committee should a planning application be submitted, however this Committee can act before that in sending a message to Council and the Fire and Rescue Service that this Committee recommends to Council that this Committee asks Council to retain the protection of its green belt, as set by the Authority to stop inappropriate development, ask Council not to give, sell or lease the land concerned at Saughall Massie because of the value it has to the community and ask Council to continue work to work cooperatively with Merseyside Fire and Rescue Service in identifying and facilitating a more suitable site, for operational purposes and to maintain the amenity of local people.

And in closing Chair I will just say that site is available. It’s six hundred metres from this site we’re discussing tonight, it will add nothing or very little to the response times the Chief Fire Officer has been quoting, maybe fifteen or twenty seconds either way. Fifteen or twenty seconds closer to Upton, fifteen or twenty seconds further away from West Kirby and Hoylake.

And one final thing Chairman, that wasn’t in my initial thing but, given the floods we had last week and the horrendous scenes we had in Moreton, with over a hundred families displaced, that field, that green belt, was also underwater from the brook.

By building on that field, you’re taking away natural drainage, you are assisting the freak weather conditions that are becoming more and more frequent to flood that area.

So Chairman I would ask that this Committee fully supports the Notice of Motion that was put forward to Council but moved to this Committee and sends those messages back to the Council.

Thank you for your time Chairman and Members.”

Continues at Labour use casting vote to delay decision on Saughall Massie fire station land.

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Planning Committee to decide on plans for 26 flats on site of former Corsair pub in Bidston Village

Planning Committee to decide on plans for 26 flats on site of former Corsair pub in Bidston Village

Planning Committee to decide on plans for 26 flats on site of former Corsair pub in Bidston Village

                                           

John Brace on the site of the former Corsair pub, Bidston Village
John Brace on the site of the former Corsair pub, Bidston Village

The first month I started this blog I wrote a story on the demolition of the Corsair pub at one end of Bidston Village. I finished that piece by stating "I will be making enquiries to see if there are any future plans for the site." The site in 2015 still looks as much of an eyesore as it did when the photo was taken in 2010.

Verum Victum Healthcare Limited (the agents) have applied for planning permission for twenty-six one-bedroom apartments on the site of the former Corsair pub. The planning application will be decided when Wirral Council’s Planning Committee next meets (unless councillors agree to a site visit). You can see elevations for how the agent envisages it would look on Wirral Council’s website. The elevations however don’t show the metal railings around the perimeter to a height of 1.5 metres that are part of the plans.

Such a modern looking building of three stories would be out-of-place in Bidston Village and it’s sad that the designs submitted with the plans aren’t more in keeping with the surrounding area. Although the site of the former pub is just outside the Bidston Village Conservation Area, it borders the Conservation Area on two sides. Across the road to the east is Church Farm and the buildings to the north across the road are set back from the road. None of the buildings nearby are of a similar height.

The sheer size of what is proposed and the design would not be in keeping with the rural nature of this part of Bidston Village and I hope this planning application is refused by Wirral Council’s Planning Committee.

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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

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
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.

However their auditor has confirmed that there were no such requests. Wirral Council also rely on the decision in Veolia ES Nottinghamshire Ltd v Nottinghamshire County Council & Ors [2010] EWCA Civ 1214 in blacking out information that falls into the meaning of “commercial confidentiality”.

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.

On the 23rd March 2015, a Rosemary Lyon who is a solicitor working at Wirral Council replied to my request for an internal review. She regarded the request as one that fell within the Environmental Information Regulations 2004, so considered it as a representation under regulation 11.

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”?

Unlike the Freedom of Information legislation, regulation 12(2) of the Environmental Information Regulations 2004 state:

A public authority shall apply a presumption in favour of disclosure.
Wirral Council invoice DLA Piper UK LLP conveyance 7th August 2013 address added
Wirral Council invoice DLA Piper UK LLP conveyance 7th August 2013 address added

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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)

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
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.

Wirral Council planning officers had recommended in a report that the planning application be approved with various conditions.

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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