Category: Planning Committee

Wirral Council & Filming: Another Chapter in The Long Running Saga

A brief blog post outlining the long running saga regarding filming public meetings of Wirral Council, covering the recent ban by the Chair of the Planning Committee, Eric Pickle’s advice and a brief run down of the history.

Following reporting on the filming ban at Wirral Council’s Planning Committee on this blog last Thursday, the local newspapers have picked up the story (with quotes from Cllr Mooney), Liverpool Echo: Wirral Council defy Government to ban filming and Daily Post: Wirral Council defies government over filming ban. In addition to the local newspaper articles it’s been picked up by Prolific North: Wirral Council defends filming ban on blogger.

So, although the articles are broadly correct I’d like to correct a slight error and make a few clarifications.

Liverpool Echo
“At a meeting of the planning committee on Thursday, a local blogger was again told to stop filming.”

This should read “Shortly before a meeting of the planning committee on Thursday, a local blogger was again told to stop filming.” If it had been at the meeting itself I would’ve posted the footage online, however yes, it has happened before (18th December 2012) on a close 6:5 vote. Back then Cllr Mooney said it would be “just for this meeting” (see video below).

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After a ban on filming happened at a Health and Wellbeing Overview and Scrutiny Committee meeting (on which Cllr Mooney sat) on the 28th March 2013 to discuss the controversial closure of Moreton Day Centre, I sent a letter before claim to Wirral Council (which is the first stage of a judicial review of a decision). I received this response by email back from Wirral Council’s Monitoring Officer Surjit Tour (the same Surjit Tour that Cllr Mooney said told her she could stop filming at meetings).

Tour, Surjit
to
stephengerrard, me
Tue, 2 Apr 2013 16:08:47 +0100

Dear Mr Brace

I am on annual leave until 15 April. I am somewhat surprised by your email and letter given that I have asked you a number of times to meet me to discuss this issue.

Furthermore, there no ban on filming as you and another have been filming a number of committee meetings.

I would suggest that no proceedings are issued until I have had the opportunity to respond. I therefore request an extension of time to 30 April.

I await your response.

Please can you also include Stephen Gerrard in any further response.

Yours sincerely

Surjit Tour

Sent from my HTC Touch Pro 2 on Vodafone
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intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.

This footnote also confirms that this email message has been swept by
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www.clearswift.com
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I was allowed to film meetings until the Planning Committee meeting of 27th June 2013, a further letter before claim (with a proposed reply date of 12th July) was sent to Wirral Council’s legal department and interested parties on the 28th June 2013. At the time of writing I have not received a reply from either Wirral Council or the interested parties.

After I received Surjit Tour’s reply, Eric Pickles issued this press release entitled “Lights, camera, democracy in action” castigating Wirral Council for stopping filming previously on health and safety grounds (a claim that was refuted by the Health and Safety Executive). This led to a wide variety of press coverage (national newspapers (Guardian, Times), various bloggers and others) and this article in the Wirral Globe entitled “Legal review ordered into rules allowing citizens to video Wirral Council committees” (with an unusually high twenty-seven comments).

Last December councillors called for a review. Eight months later I’m still waiting for this review to finish!

I will also make one small response to Cllr Mooney’s comments, I did say that if she as Chair asked a petitioner if they didn’t want to be filmed and they said no I wouldn’t. However she said, “I can’t do that” rejecting what I felt was a reasonable compromise. Despite her assertion that Planning Committee is the only committee where members of the public regularly address it, there are in fact others ranging from the Highway and Traffic Representation Panel, Licensing Act 2003 committee, Licensing, Health and Safety & General Purposes Committee and full Council meetings (public question time). I hope the above sets the record straight somewhat.

Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

A report on Wirral Council’s Planning Committee meeting held on the 27th June 2013 | OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

Continues from Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

Cllr David Elderton (Conservative spokesperson): Maybe after we have instructions to vote.

Cllr Steve Foulkes: Oh well I’ll hold this discussion and think I’ll find we have a bit of a discussion.

Cllr Bernie Mooney (Chair): So what will we do?

Cllr David Elderton (Conservative spokesperson): Yes, again we have this situation where a site visit was most beneficial particularly the three-dimensional view on the ground that the impact would likely to occur and would result in this development taking place. I must say I have to agree with errm Steve that the concern about the impact on the area and the changing character of the area so errm I was unhappy about the development and it’s potential to do so. I’ll declare my powder dry until I see what Steve moves and I’m certainly unhappy about that and I’m not happy with the procedures in place. Thank you. Thank you.

Cllr Bernie Mooney (Chair): Errm, I’m just going to say briefly to you that I have family and declare an interest in this item which I do and I’m extremely errm underestimated that the challenge, very late and it’s interesting, so has anybody else got any other comments before we go back to Steve? Steve?

Cllr Steve Foulkes: Whilst I hear issues around community safety, err and those issues I don’t personally think, err I haven’t seen the border treatment to many of the plots in that area that lies at making community safety worse or better and I don’t think the highways issue is one that we could reject in terms of movements to new extension properties are probably minimal err given it’s in a residential area.

Continues at Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

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Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

A report on Wirral Council’s Planning Committee meeting held on the 27th June 2013 | OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

Continued from Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

Cllr Steve Foulkes: Errm, however it is not the only large rear garden in that vicinity and I think just the planning officer has taken the view, and again I think much of planning is really subjective, and the planning officer’s subjective view has been taken in as much as the comparator for the development site has been taken in detail, planning reasons and lists of guidance, as in the planning history err on Winston Drive but it did say in local instruction that Hawthorne Avenue did enjoy large gardens as you can see in the pack which perfectly illustrates that.

But the other open view you didn’t mention which also part of that site is Beryl Road which is the one that is just to the top of that. The rear gardens of Beryl Road are significantly larger than the plots in Pine Tree and Winston Drive. So I understand and I can see the enticement of some of the controversial area nature of trying to build in that rear garden. However if we take the logic that I’ve progressed in this argument, that we said that this site’s gradient would be somewhere between Beryl and Noctorum Avenue that sort of location, then certainly it wouldn’t be in terms of keeping with plot size. It’s my fear and that’s what the planning system is about, it’s about making wise decisions that don’t leave us with issues we have to face in the future.

If we were to develop that site there now, that would create closer to where other developments, so what next? We could well say we’ll stave off a development there, we’ll put one there and within a very short space of time you’ll see that whole area develop and over develop, so my argument is going to be based around the fact that this application could develop into a pack of applications which would be detrimental to the area.

So I’ve looked at the policies, I looked at the issues and the reasoned reasons for refusal and I will hold them in abeyance if any other Member wants to speak errm but I’m happy to move them as part of the debate or or or if Members if Members would move those now and see how we go or or

Continues at Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

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Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

A report on Wirral Council’s Planning Committee meeting held on the 27th June 2013 | OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

Continued from Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

Cllr Denise Roberts: Using the justification of HS4, states that the environment around the home has a major impact on resident’s quality of life and it is important that new housing blends in well with that already built and creates a safe external environment.

However the backs of the houses will replace the boundary wall that housing will contrive and this will create a lattice, effecting a fundamental change to the area.

The proposed development does not sit happily with the pattern of existing homes and a large built wall will remove another green area in an established neighbourhood and change the nature of a simple municipal area of Wirral. Members I urge you to reject this application.

Cllr David Elderton: Thank you.

Cllr Bernie Mooney (Chair): Members of the Committee and to make representations by councillors on the Planning Committee at the site visit with me.

Cllr Denise Roberts: Chair, thank you Chair, although it was impossible to attend myself, I did actually go round yesterday and I’m just a little bit disappointed with officers actually actually granting this for approval, ermm, the reasons repeated in HS10 are that undue noise and disturbance that you know and loss of privacy and I just can’t see how on their own what somebody in a garden isn’t going to be undue noise and loss of privacy and I believe it would be an over development in that site.

Cllr Bernie Mooney: Steve.

Cllr Steve Foulkes: Chair, obviously errm, I have known the area since I’ve been extremely careful not to preempt any decision making process, errm and I can see that when actually we gained access to the property that the inviting nature of the rear garden.

Continues at Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

A report on Wirral Council’s Planning Committee meeting held on the 27th June 2013 | OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ

Continued from Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

Cllr Bernie Mooney (Chair): Because you know, because, because the petitioner didn’t want to speak, errm, and so errm, that would mean that so… deny the ward councillor so if you would like to, if you would like to introduce yourself Denise, please.

Cllr Denise Roberts: Yes, Denise Roberts, ward councillor.

Thank you for giving me the opportunity to speak. I would also like to thank a number of committee members that took the time to attend Tuesday’s site visit. As ward councillor, I take an interest in this planning application and asked for it to be taken out of delegation so you could be made aware of Member’s concerns and objections.

The proposed development for two dormer bungalows is squeezed into a decreasing garden, it’s incongruous with this built-up environment because of a mature residential barrier of houses with interlocking gardens. Supplementary planning guidance has been outlined states that all new housing developments should be set out with a private rear garden, interlocked with other rear gardens.

While the proposed dwelling will have interlocking gardens, the access road will require probably an area of an existing interlocking garden, if you take out a bit you have a security problem. UDP policies HS4 and HS10 on new housing and backland developments state that planning proposals should not result in a detrimental change to the character of the area, nor should there be a loss of privacy or a separate enclosure affecting the enjoyment of residents.

Means and justification in HS10 also state that the existence of large gardens does not necessarily form the scope for development and the size and appearance of gardens will be of great importance to the character of an neighbourhood.

Continues at Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.