Chief Fire Officer recommends new fire station at Saughall Massie and closure of fire stations at West Kirby and Upton

Chief Fire Officer recommends new fire station at Saughall Massie and closure of fire stations at West Kirby and Upton

Chief Fire Officer recommends new fire station at Saughall Massie and closure of fire stations at West Kirby and Upton

                                                  

Dan Stephens (Chief Fire Officer, Merseyside Fire and Rescue Service) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015). Kieran Timmins (Deputy Chief Executive) is on the right.
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)

There are four agenda items on the agenda of next week’s Merseyside Fire and Rescue Authority public meeting that relate to the decision about the future of West Kirby Fire Station and Upton Fire Station.

First (item 3) is a petition asking for Merseyside Fire and Rescue Authority to “Stop the building of the Fire Station in Saughall Massie and the destruction of precious green belt land”. At the time of writing this petition on the change.org website has 321 signatures. The comments of the signatories can be read here.

According to section 11.3 of the constitution for Merseyside Fire and Rescue Authority:

“The presentation of a petition shall be limited to not more than 5 minutes and shall be confined to reading out or summarising the subject of the petition indicating the number and description of the signatories, and making such further supporting remarks relevant to the petition as the person presenting it shall think fit.”

Item 4 is a “deputation in relation to the merger of Upton and West Kirby fire stations”. This is described on the agenda as “To consider a deputation of Wirral residents and Councillors concerning the proposed merger of Upton and West Kirby Fire Stations at the site identified in Saughall Massie.”

Section 11.4 to 11.7 of the constitution deal with the procedure for deputations:

“11.4 Any person likely to be affected by a matter in relation to which the Authority has functions, (other than employees in relation to matters of conditions of service) may ask that a deputation should be received by a meeting of the Authority. Such a request shall be made to the Proper Officer at least seven working days before the meeting to which it relates. The person making the request shall indicate the matter to which the request relates, the number (which shall not be more than five names and addresses of the persons who will form the deputation, and the member or members of the deputation who will speak for them).

11.5 On being called by the Person Presiding, the person or persons speaking for the deputation may make, during a period not exceeding five minutes, such remarks as she/he or they think fit, providing that the remarks shall relate to the matter indicated.

11.6 The Members of the Authority may, during a further period not exceeding five minutes for each deputation, ask questions of the members of the deputation. Such questions shall be asked and
answered without discussion.

11.7 Petitions shall be presented, and deputations received in the order in which notice of them is received by the Proper Officer, without making any distinction between petitions and deputations.”

Agenda item 7 is titled Wirral West Fire Cover Consultation 2 outcomes. The reports for this agenda item come to 236 pages!

Finally agenda item 8 (operational response savings options for Wirral) is the agenda item when an actual decision will be made.

This agenda item comprises of a report detailing the Chief Fire Officer’s recommendations to councillors (the following is quoted from the report and is the Chief Fire Officer’s recommendation (Wirral MBC stands for Wirral Metropolitan Borough Council and fire appliance means fire engine):

“a. approve the merger of Upton and West Kirby fire stations at a new station on Saughall Massie Road, subject to agreement from Wirral MBC to transfer ownership of the land to the Authority and the granting of planning permission;

b. approve the relocation of the West Kirby fire appliance to Upton to be crewed wholetime retained as an interim measure prior to the construction of the new station

c. amend the capital programme to incorporate the Saughall Massie fire station scheme; and

d. give delegated authority to the Chief Fire Officer (CFO) to continue discussions with partners, including Merseyside Police and North West Ambulance Service, with a view to sharing the new building.”

There are of course other options that are in theory available to councillors (but I’ll make it clear these are options which the Chief Fire Officer doesn’t recommend). These other options include the outright closure of West Kirby Fire Station and the relocation of the West Kirby fire engine to Upton Fire Station.

Due to the sheer volume of responses to this consultation, whatever I write below is going to leave something out. However I will do my best to summarise some of the responses to the consultation.

I had better also declare an interest at this point, as in the report on press articles/letters to the press on page 4 Merseyside Fire and Rescue Authority have included the blog post I wrote on the 20th April 2015 headlined Public consultation meeting in Saughall Massie on proposed new fire station (along with three comments written by Alan Dransfield, keef666 and Jean).

The people of Saughall Massie are opposed to a fire station being built at the proposed site (currently owned by Wirral Council) on Saughall Massie Road. There are a variety of reasons given ranging from traffic, green belt issues, noise/disturbance and concerns that building on the Saughall Massie Road site is inadvisable due to regular flooding.

Merseyside Fire and Rescue Service paid Opinion Research Services £19,195.00 (a spin out company of Swansea University) to do a report for the consultation. Their 49 page report details the results of a range of polling techniques including focus groups, a forum and a postal residents survey.

The deliberative forum for Saughall Massie found opposition to a new fire station there. Most of the group they asked from Upton were also opposed to the use of a greenbelt site at Saughall Massie, but at the same time supported a new fire station in the Saughall Massie area. The West Kirby group & the all Wirral forum were in favour of the Saughall Massie site being used for a new fire station. However ORS does state “deliberative forums cannot be certified as statistically representative samples of public opinion”.

A postal questionnaire was also sent out by ORS to 10,000 households (5,000 to the West Kirby Fire Station area and 5,000 to the Upton Fire Station area). Out of the 1,351 postal questionnaires that were returned a majority in both Upton (51%) and West Kirby (70%) areas went for option one (merging Upton and West Kirby fire stations by building a new fire station in Saughall Massie).

However these findings come with caveats as ORS also state:

“However, consultation is not a numbers game, in which the majority view necessarily prevails (like in a referendum), so the Fire Authority will wish to consider carefully all the arguments, evidence and considerations relevant to this case before taking its decision based upon its assessment of the public good.”

Here are some quotes from the members of the public that responded to the consultation and a link to the full 40 page document:

“As a resident of West Kirby and a mother of three young children I object to the proposals to close West Kirby fire station.

This is a ridiculous and dangerous proposal and directly increases the risk of death, from a house fire, to my family.”

“Also please provide a credible reason as to why, in a democratic and fair society, the residents of Saughall Massie’s overwhelming feelings of resistance to this proposed fire station are being overridden by the local Labour Council when equal or lesser feelings of resistance by those in Greasby were considered in full and their request to reject the proposed building of this facility (on a brown field site) was granted.”

“I live next to Saughall Massie Road and during the morning and evening “rush hours” it’s very heavily congested to a far greater extent than other local roads at these times. ”

“I object to the proposed fire station in Saughall Massie because:-

  • lives could be lost as Saughall Massie Road is already congested. Between 8am and 9.30am Mon-Fri – severe congestion
  • no open space for dogs & horses to run free
  • our properties will de-value
  • damage to wildlife habitats”

“Re Fire Station Saughall Massie Road

I would like to register my disapproval at the above. Building on Greenbelt land is out of order.”

“I would hope that you agree that Monday night’s fiasco did not satisfy the criteria as a meaningful consultation exercise. Having said that, you must be aware that the overwhelming views of the residents, both inside and on the pavement outside, was that this development does not take place at all within our precious ‘Green Belt’.”

Proposal for a fire station, Saughall Massie, Wirral

I am writing to express my concerns over the proposal to build a fire station on the greenbelt land at Saughall Massie. I live directly opposite the suggested site and am disappointed to learn of this proposal which I personally use at least twice a day to both exercise my dog and meet up with other local residents. There is also a great deal of wildlife and the beautiful Jenny’s Wood. There are water voles, bats, owls to name a few and I am sure that many of these beautiful creatures will be affected by this build if it goes ahead.

I wish to register that I am totally opposed to the build and wish my feelings to be noted.”

The Merseyside Fire and Rescue Authority will make a decision on the future of the fire stations at Upton and West Kirby at a public meeting starting at 1.00pm on Tuesday 30th June 2015 in the Liverpool Suite, ground floor, Merseyside Fire and Rescue Service Headquarters, Bridle Road, Bootle, L30 4YD. The agenda and reports for that meeting can be found on their website.

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FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

                                                           

Wirral Council Environmental Streetscene Services Contract page 122 Schedule 2 - Nominees to the Partnering Agreements

Yesterday, Wirral Council responded to a Freedom of Information Act request I made last month for minutes of the meetings of the Partnering Board (which comprises of Wirral Council and Biffa Waste Services Limited) for the last year.

The minutes of the Partnering Board meetings of the 10th March 2015, 18th December 2014, 21st October 2014 and 14th July 2014 contain some interesting information.

Below are extracts from the minutes that hopefully will be of wider public/political interest starting with the meeting held on the 14th July 2014. I have submitted an internal review request to Wirral Council for the minutes without the names of Wirral Council employees redacted. RE stands for Roger Edwards, FPN stands for fixed penalty notices, MS stands for Mark Smith, Cllr BM for Councillor Bernie Mooney and VO stands for variation order.

2. ANNUAL REVIEW
….
Noted garden waste has now exceeded last year’s figure and hope to get to 40,000 properties. RE queried about incentives for signing up however XX noted we have to be very careful as the £5 reduction online has raised objections by some residents and opposition members and that XX is exploring alternative cost effective payment mechanisms. However, XX advised we can market to people who signed up last year who have not signed up this year and there are around 3,000 who have not re-signed.

Street Cleansing
….
The Entry Investigation Team has been introduced and 28 FPNs have been issued as a result of this.

7. AOB

Possible Industrial Action Update
RE updated that Biffa offered pay settlement to the workforce of 1.8% in line with RPI – the request from the workforce was 6%. RE advised the workforce have decided to ballot for industrial action before any decision made. RE is working hard to resolve this situation. The industrial action is planned for Fri 18 July.

There are parts of the minutes of the meeting held on the 21st October 2014 that will be of wider interest too:

Managing Down Demand – Missed Collections

XX have been looking at all the missed bin calls we had in for 2010-14 and the breakdown of unjustified (which was about half) to give an idea of the proportion of calls coming in. The 3 main reasons for unjustified bins are: bin not out, entry work and access issues. Disputes occur where resident is told the PDA said bin not out and they disagree. XX wants to look at the dispute figures and drill down i.e. is it the resident at fault, is it the crew not using the PDA properly etc. When a resident does not agree with PDA data this causes a lot of work in the back office. There could be an education issue here reminding residents that 7am is the time rounds start and the crews can come to roads at different times each week.

If we do some re-training around contamination to show the importance of the PDA and show the impact of not using the PDA correctly that should be beneficial. RE noted if we do not have confidence in the PDA data then everything else becomes difficult.”


Alleyway Dumping

XX advised had over 600 referrals for the Waste Investigate Unit (WIU) and issued 168 FPNs to mainly the Seacombe/Birkenhead areas. XX noted we need to do some work around where issuing the FPNs. 5 court cases regarding litter have gone well with the offenders being fined and this information is on the Council website. XX hoping to do full leaflet drop to relevant properties to say what we are doing and what success we have had. Currently drafting up a second leaflet to get out before Christmas to all terraced properties to highlight the good work we have been doing.

XX noted some new anti-social behaviour laws which are coming out and she is looking if we can go down this route with landlords. XX going to be looking at the licensing scheme and if we can make that work for us by adding in further conditions (Selective Licensing scheme). MS noted when speak to Senior Members of the Council enforcement is now an issue they are behind it. Noted 260 good neighbourhood packs have gone out to a variety of areas.”

From the meeting held on the 18th December 2014:

Alleyway Dumping

XX advised the Waste Investigation Unit are doing a fantastic job. XX noted an incident where a disgruntled member of the public, because of his threatening behavior, was issued with an ASBO. Main issue is the Courts are only letting us take 5 cases a week. Legal services need to approach the courts to get more time to hear more cases. XX plans to do another leaflet drop after Christmas to highlight to the public the financial costs of failing to manage their waste responsibly, or through ignoring fixed penalty charges. XX next steps are to meet the selective licensing team. Birkenhead and Seacombe have been identified as a selective licensing areas which means we can prescribe to landlords what they must do re bins and as Birkenhead and Seacombe are where the most is, it is hoped this will have a significant impact over time.”

Transparency Code

The code is about being more transparent about what we publish for the public to see and waste collection is one of the things requiring more details including publishing a version of the contract. XX are going to look at refreshing the contract, redacting certain bits and then send to Biffa to consider. Agreed a good idea would be a half day session with both parties to look at updating and modernizing the contract.”

Finally from the meeting held on the 10th March 2015.

Action Log

50 Street Cleansing Transitional Money

MS advised there is £116,000 available. XX is currently working on a briefing note recommending how that money could be used. MS has the authority to spend this money however he would get endorsement from Cllr BM first.

64 Benchmarking Data

XX advised some of the information required is deemed as commercially sensitive and there is a strong reluctance to share this information at the moment. MS felt we do need to be getting to a stage where we have the mechanism in place to demonstrate value for money from this contract. XX also safeguard the financial position of Biffa. XX to send through further details to XX & SC showing exactly what it is we are looking for.

67. Contract under the Transparency Code

XX has started this piece of work. By the end of April we have to publish the contract on Council website. XX noted his intention to incorporate the VOs and XX send to Biffa to redact the finance. XX commented that there are inaccuracies in the contract in relation to execution on the ground but nothing of serious concern. MS noted as we are signing off a significant VO if there are any anomalies we need to resolve them before we publish.

CONTRACT PERFORMANCE OVERVIEW

SC queried whether there had been any thought about the garden waste service passing to Biffa? MS advised if Biffa want to put an offer to the Council formally they were welcome to.

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Why did a £1 million street cleaning budget saving at Wirral Council end up actually costing £875,919?

Why did a £1 million street cleaning budget saving at Wirral Council end up actually costing £875,919?

Why did a £1 million street cleaning budget saving at Wirral Council end up actually costing £875,919?

                                                                                        

A litter bin on Hoylake Road from 2012 (thumbnail)
A litter bin on Hoylake Road

Last year, after requesting the Biffa contract during the audit, I published the part that related to street cleansing.

What Wirral Council failed to give me then were the extra pages that had varied the street cleansing part of the contract from 1st July 2013 to try to save a million pounds.

Here was what was in the original contract under minimum cleansing frequencies:

7.6 Minimum Cleansing Frequencies

7.6.1 The minimum Cleansing frequencies required by the Council at each location shall be in accordance with that outlined below and the appropriate zoning allocation.

Zone Frequency
Manual Mechanical
1 Daily Weekly
2 Weekly Fortnightly
3 Monthly Monthly
4 Monthly Quarterly

The alleyways were (before July 2013) being cleaned every four weeks as detailed in this part of the contract:

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Wirral Council councillors agree to change of polling station and to consultation on medical requirements for taxi drivers

Wirral Council councillors agree to change of polling station and to consultation on medical requirements for taxi drivers

Wirral Council councillors agree to change of polling station and to consultation on medical requirements for taxi drivers

                                                     

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Licensing, Health and Safety and General Purposes Committee Wirral Council 19th November 2014  L to R Cllr Steve Williams, Cllr Geoffrey Watt, Cllr Andrew Hodson and Anne Beauchamp
Licensing, Health and Safety and General Purposes Committee Wirral Council 19th November 2014 L to R Cllr Steve Williams, Cllr Geoffrey Watt, Cllr Andrew Hodson and Anne Beauchamp

Wirral Council’s Licensing, Health and Safety and General Purposes Committee met on the 19th November 2014. The agenda and reports for this meeting can be read on Wirral Council’s website.

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1. MEMBERS’ CODE OF CONDUCT – DECLARATIONS OF INTEREST 0:22
There were no declarations of interest made.

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2. MINUTES 0:30
The minutes of the meeting held on the 19th June 2014 were agreed.

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3. POLLING STATIONS: FURTHER UPDATE 0:43
Cllr Geoffrey Watt then declared a non pecuniary interest in item 3 (Polling Station – Further Update) as it refers to polling district QC which is in West Kirby & Thurstaston ward (which he represents on Wirral Council). Get Propecia free trial on http://www.trendingdownward.com/propecia-finasteride/ and try for hair loss treatment.

Kate Robinson explained that this report was about polling stations for polling district YC (Moreton West and Saughall Massie) and QC (West Kirby & Thurstaston).

The (Acting) Returning Officer’s report recommended the following polling stations:

YC (Moreton West and Saughall Massie): Foxfield School (Douglas Drive)
QC (West Kirby & Thurstaston): St Bridget’s Church of England Primary School (St Bridget’s Lane)

Councillors discussed the (Acting) Returning Officer’s recommendations.

The decisions as to where polling stations would be for the May 2015 elections were made by councillors on the Licensing, Health and Safety and General Purposes Committee as follows:

YC (Moreton West and Saughall Massie): Foxfield School (Douglas Drive)

There was a petition of “more than twenty-five names” about the decision for polling district QC. However Cllr Geoffrey Watt said that the petition had unfortunately been lost. There was also a letter from the headteacher of St Bridget’s Church of England Primary School which he had circulated to those on the committee which was about the polling station for district QC.

Councillors discussed whether the polling station for district QC should be St Bridget’s Church of England Primary School (St Bridget’s Lane) or St Bridget’s Centre (St Bridget’s Lane).

QC (West Kirby & Thurstaston): St Bridget’s Centre (St Bridget’s Lane) proposed by Cllr Geoffrey Watt, seconded by Cllr Andrew Hodson. This proposal was agreed.

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4. UPDATE ON ELECTORAL ACTIVITIES 9:59

Kate Robinson advised the Committee that Wirral Council would be writing to 2,930 postal voters and 6 proxy voters during December to ask for refreshed signatures. If no response was received, a reminder would be sent. If no response was received to the reminder then the postal vote would be cancelled. She said that councillors may get inquiries about this and that they should encourage electors to respond.

Councillors discussed many interrelated issues to do with postal votes, the electoral roll, application forms, One Stop Shops, surgeries, internet access and local free newspapers.

Kate Robinson updated councillors on the results of the changes to individual registration. 91% of those on the voting lists had been matched with Department for Work and Pension data. People who had been automatically matched didn’t need to re-register. The plan was to send polling cards out in March [2015], but before that to do an audit of the electoral register in January with a mini canvass. Every household that was now registered would be sent a letter asking if the information held was right or wrong. This would save Wirral Council staff being “inundated with changes”.

Councillors Hodson and Sullivan asked her questions or commented on that item, the purpose of which was to keep councillors on the Committee updated on Electoral Services activities).

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5. HACKNEY CARRIAGE VEHICLE PROPRIETOR LICENCE ALLOCATION POLICY 21:35

Margaret O’Donnell introduced this item and the reasons for the proposed change.

Councillors agreed the new policy.

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6. MEDICAL REQUIREMENTS FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS

Margaret O’Donnell introduced this item and the reasons for the proposed consultation.

Councillors suggested changes to what was consulted on. One councillor asked for legal advice on whether the current requirements should be a consultation option.

With the changes made to what was being consulted on councillors agreed the changes.

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7. ANY OTHER URGENT BUSINESS ACCEPTED BY THE CHAIR

A councillor raised the issue of taxi drivers not adhering to the dress code. Margaret O’Donnell suggested that the dress code requirements could be sent out with the consultation on medical requirements for hackney carriage and private hire drivers.

The Chair raised the issue of deregulation. Margaret O’Donnell said she could provide an update, however the Bill had not yet received Royal Assent. She explained that one of the proposed changes after lobbying by the Local Government Association had been removed from the Bill.

A councillor said that he didn’t understand.

The Chair referred to emails. Margaret O’Donnell referred to a piece of work by the Law Commission which was unlikely to have effect this side of the May 2015 election.

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The many reasons I’m objecting to the proposed traffic regulation order for Birkenhead Market Service Road

The many reasons I’m objecting to the proposed traffic regulation order for Birkenhead Market Service Road

The many reasons I’m objecting to the proposed traffic regulation order for Birkenhead Market Service Road

                                                   

Proposed traffic regulation order public notice (Birkenhead Market Service Road) 9th July 2014
Public notice of proposed traffic regulation order (9th July 2014) Wirral Globe Birkenhead Market Service Road

I’d better point out than along with Leonora we are both objectors to this proposed Traffic Regulation Order (TRO). This is about item three (OBJECTION: PROPOSED WAITING & LOADING RESTRICTIONS – BIRKENHEAD MARKET SERVICE ROAD, BIRKENHEAD). The report and map is already on Wirral Council’s website.

Previous articles on this matter can be read at:

Objection to Traffic Regulation Order (KO) for Birkenhead Market Service Road (25/9/14).

http://johnbrace.com/2014/09/17/a-meeting-with-2-wirral-council-officers-about-parking-behind-birkenhead-market-and-disability-issues/ (17/9/14)

The shocking tale of Wirral Council trying to scapegoat the disabled and forcing them to pay more £s for parking (8/8/14)

Below is my submission (in the interests of openness and transparency) to the Highways and Traffic Representation Panel that meets on the 21st November 2014 starting at 9.30am.

CC:
Cllr Michael Sullivan
Cllr Steve Williams
Cllr Dave Mitchell
Mark Smith
Ken Abraham
Vicky Rainsford

Subject: Agenda item 3 (OBJECTION: PROPOSED WAITING & LOADING RESTRICTIONS – BIRKENHEAD MARKET SERVICE ROAD, BIRKENHEAD) Highways and Traffic Representation Panel Friday 21st November 2014

Dear all,

As one of two objectors to the proposed TRO for Birkenhead Market Service Road, I am announcing my intention to speak at this meeting.

I have received a letter through the post detailing the date and time of the meeting. I’m also (although you may have guessed this) going to film agenda items 1, 2 and 3.

Leonora (the other objector) may wish to speak too. However as I have had time to read the report, published yesterday there were some points I wish to raise in advance of the meeting in order that officers (and councillors) are given appropriate advance notice of the points I will raise.

I refer to the original numbering of the report.

3.4 “objector’s” should read “objectors'” as there are two of us.

3.5 Although access to Birkenhead Market Service Road can travel through Birkenhead Bus Station, as you can see from the map this is one of two ways vehicles can access the Birkenhead Market Service Road. Therefore it’s misleading to imply that people in the Birkenhead Market Service Road must have come through the Birkenhead Bus Station.

It would be useful if officers could clarify which designated bays they are referring to and what specific longer observation periods they are referring to.

3.6 Both The Grange and The Pyramids (except on a Sunday) charge for parking.

Here is the detail of blue badge spaces at the other car parks referred to (total number of spaces in brackets):

Europa Square 14 blue badge (150)
Oliver Street 6 blue badge (16)
Conway Street (on street) ~6 (6)
Burlington Street unknown

Policy SPD4 (which I’m sure councillors who are currently or have been previously on Planning Committee are familiar with) state minimum numbers of spaces for vehicles carrying disabled people as follows:

1 in the first 10 spaces should be allocated for disabled people. Thereafter 1 in every 20 spaces or 6% of the total (whichever is greater).

Applied to the Europa Square car park of 150 spaces using Class A1 – Retail this is:

first ten spaces: one space
other 140 spaces: seven spaces
Total: eight

However 6% is the greater. Depending on how you calculate the 6% (whether 6% of 150 or (6% of 140)+1) it either comes out as either 9 spaces or 9.4 spaces (rounded up to 10).

However the number of blue badges issued to the Wirral population (visitors can also use their blue badges) is higher than 6% putting pressure on existing spaces in Europa Park. On the day of the site visit with officers, there were no free Blue Badge spaces available in the Europa Park car park (out of 14) and this is pretty typical of how it is during the times the shops are open.

I quote:

“Officers consider there are sufficient parking spaces within existing Council and privately owned car parks in close proximity to the Market Hall to accommodate any overspill of blue badge holder parking from Birkenhead Market Service Road.”

In order to know that you’d have to do a traffic survey of how many spaces are free in car parks in close proximity to the Market Hall, how many of those spaces are blue badge spaces and actually know how many park in the Birkenhead Market Service Road currently with a blue badge. As far as I know (although I may be wrong) this is merely based on an opinion of officers without doing a survey. Many of the “sufficient parking spaces” are unsuitable for those with disability as disabled people if they parked in the regular spaces would not have enough room around their vehicle (especially if parked adjacent to a car) to safely get in and out of their vehicle.

3.7 Of course the Birkenhead Market Hall isn’t going to object to a traffic regulation order it’s actually funding half of the cost of. Individual traders were told by officers at the site visit that the proposals wouldn’t affect their customers unloading and loading, just parking. The traders haven’t been individually consulted and unless they read the notice on the lamppost, or found out by other means they just won’t be aware of this proposed TRO. Even if they did object, they might not know how to go about it. Bear in mind the proposals weren’t available to view in the Conway Street One Stop Shop just across the road, but were a considerable distance away at Wallasey Town Hall, Seacombe.

3.8 There are various points in the Birkenhead Market Service Road (as you can see on the plan) that are much narrower than others. Cars (or other vehicles) parked there or near there (unlawfully) can be causing an obstruction to the free flow of traffic. Although Wirral’s CEOs do not have powers to remove vehicles, the police do. Wirral’s CEOs can issue tickets (which hopefully act as a deterrent).

3.9 This is an acknowledgement by officers that the draft TRO (as consulted on) cannot be decided by the Highways and Traffic Representation Panel.

It is unclear from what is put in the report exactly what modifications officers are proposing to the proposed TRO. However what is clear is that only the original TRO has been consulted on (twice) and not the modified TRO.

The requirements in regulation 9 cause a public inquiry held by an inspector to be held if the requirements in regulations 9(3) to 9(5) are met.

To summarise these are (subject to paragraphs 4 and 5) for orders if:

(3) Subject to paragraphs (4) and (5), this paragraph applies to an order if—

(a) its effect is to prohibit the loading or unloading of vehicles or vehicles of any class in a road on any day of the week–

(i) at all times;
(ii) before 07.00 hours;
(iii) between 10.00 and 16.00 hours; or
(iv) after 19.00 hours,

and an objection has been made to the order (other than one which the order making authority is satisfied is frivolous or irrelevant) and not withdrawn; or

(b) its effect is to prohibit or restrict the passage of public service vehicles along a road and an objection has been made to the order in accordance with regulation 8–
(i) in the case of a road outside Greater London, by the operator of a local service the route of which includes that road; or
(ii) in the case of a road in Greater London, by the operator of a London bus service the route of which includes that road or by London Regional Transport.

(4) For the purposes of paragraph 3(a), an order shall not be taken to have the effect of prohibiting loading at any time to the extent that it—
(a) authorises the use of part of a road as a parking place, or designates a parking place on a road, for the use of a disabled person’s vehicle as defined by section 142(1) of the 1984 Act;
(b) relates to a length of the side of a road extending 15 metres in either direction from the point where one road joins the side of another road,

unless the effect of the order taken with prohibitions already imposed is to prohibit loading and unloading by vehicles of any class at the time in question for a total distance of more than 30 metres out of 50 metres on one side of any length of road.

(5) Paragraph (3) does not apply to an order —

(a) if it is an experimental order;
(b) made under section 84 of the 1984 Act (speed limits on roads other than restricted roads); or
(c) to the extent that it relates to a road which forms part of a priority route designated by the Secretary of State pursuant to section 50 of the Road Traffic Act 1991 (designation of priority routes in London).

(6) In this regulation “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981.

As you can see from the above, even if the loading bays in the proposed TRO are modified to apply to all vehicles and not just goods vehicles, it’s the stretches it restricts of >30m in 50m stretches around the Birkenhead Market Services Road that are the problem. Without these being also taken out of the proposed TRO the requirement for a public inquiry by an inspector still applies.

Neither the TRO consulted on, nor the changed TRO can be decided by the Highways and Traffic Representation Panel because of Regulation 9.

3.10
The exceptions referred to in officer comments in relation to vehicles driven other than by the blue badge holder for the purposes of picking up the blue badge holder don’t as far as I can see form part of the consulted on TRO.

4.1
Even if in theory a TRO was granted, without enforcement it wouldn’t result in any change. There are plenty of loading bays and plenty of time deliveries will happen and there will be a goods vehicle already in the space they wish to load or unload. Whereas it can be inconvenient for drivers of large lorries to try and drive down the Birkenhead Market Service Road, the vast majority of vehicles there are connected to the market stalls or the Pyramids/Grange. Going one way to the Birkenhead Market Service Road, the Birkenhead Bus Station provides greater challenges to the drivers of goods vehicles than the Birkenhead Market Service Road itself in my opinion.

5.1
There are options that have not been considered these are:

A) Consulting on the modified TRO. In fact consultation is a requirement of Regulation 8 (Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996). The new proposals would also have to be published in a local newspaper (Regulation 7) and there would have to be a period for objections.

What’s interesting is the modified TRO officers propose hasn’t been consulted on, therefore can’t be decided by the Highways and Traffic Representation Panel.

B) Having a public inquiry chaired by an inspector on the proposed TRO (Regulation 9, 10 & 11). Again this would require a notice in a local newspaper and 21 days notice.

Lastly I would like to request that item 3 (which is this item on the agenda) it taken ahead of item 2 as both Leonora and I planned to attend the meeting of the Liverpool City Region Combined Authority starting at 11.00am.

In order to get to that meeting, we will be able to stay at a meeting of the Highways and Traffic Representation Panel no later than 10.15am. Therefore it is important that the Highways and Traffic Representation Panel starts promptly at 9.30am and that is part of the reason why I am submitting this information in advance so that agenda item 3 can be dealt with quickly.

I realise this may inconvenience the objector to agenda item 2, however I cannot see it as being possible to deal with both agenda items in 45 minutes based on previous experience of Highways and Traffic Representation Panel meetings.

Thank you for reading this,

John Brace

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