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Ever wondered what pages 89-101 of Wirral Council's contract with Biffa for street cleansing states?

Ever wondered what pages 89-101 of Wirral Council’s contract with Biffa for street cleansing states?

Biffa Waste Service Limited January 2014 Invoice Wirral Council £1032201.28

when is the rubbish being cleaned around Storeton, Rest+ Redhill, brimstage sick of emailing #noresponse #countryside #hazzard #riderinjury

— Marie O’Connor (@vetnursemarie) October 30, 2014

As the issue of Wirral Council’s/Biffa’s response to flytipping (an issue as common to politics as leaves falling from trees at this time of year) has come up again (see above), I familiarised myself with the manual handling procedures and retrieved the Biffa contract from our archive. The whole contract is marked confidential and is currently being renegotiated with Biffa around the issue of a 7 year extension. The whole contract will be published by Wirral Council by the end of the year (as it’s a new legal requirement on them). Below is an excerpt from part of it.

This is the bits on flytipping in the “Environmental Streetscene Services Contract Waste, Recycling and Street Cleansing Services 2006-2020 (2027)”:

The Street Cleansing specifications are pages 89 to 101. Page 116 is Street Cleansing Daywork Rates (this page of the contract was deliberately erased on the copy supplied to me as part of the audit).

I have included pages 89 to 102 below. However parts of erased page 116 have been reproduced in public papers for the Birkenhead Constituency Committee meetings. I’m not entirely sure where in a ~1000 or so page contract that schedules 3A and 3B refer to, but 3A & 3B also relate to the street cleansing specification. There may be the odd typographical error as I typed this up, however there are also typographical errors as part of the contract which I have reproduced as written.

Page 89

Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

7.1 Street Cleansing Specification
7.1 General Description of Services

7.1.1 The Council requires the highest possible standard of Street Cleansing throughout the Borough. The standards to be achieved by the Contractor are specified and are in line with the standard required by the Environmental Protection Act 1990 (hereafter known as The Act) and in particular the Code of Practice on Litter and Refuse (CoPLR) as it applies to the zone classifications of every Location throughout the Borough.

7.1.2 The Contractor should not rely upon any assistance being given by any other organisation to keep the Borough free of all Litter.

7.1.3 The Contractor shall provide for:

7.1.3.1 Removal of all Litter, bulky items, hazardous Waste and other specified materials from every Location specified, irrespective of size or type of material and irrespective of how the material arrived at the Location;

7.1.3.2 Clearance of leaf, blossom and fruit fall from every Location specified;

7.1.3.3 The clearance and disposal of all weeds and moss from all hard areas as requested by the Authorised Officer, shall form part of the normal Street Cleansing work.

7.1.3.4 Collection of other categories of Waste including flytipping, dead animals and other items from any Location, public spaces, highways, lay-bys, Roadside verges, watercoueses, etc. as instructed by the Authorised Officer.

7.1.3.5 Collection of Waste from other Cleansing activities as required at fairs, markets, and any other public or special events;

7.1.3.6 Clearance of sand and tidal debris;

7.1.3.7 Cleansing of rear passages and Entries;

7.1.3.8 Cleansing of car parks;

7.1.3.9 Cleansing of promenades, embankments, revetments, associated areas;

7.1.3.10 Emptying of Litter bins as specified;

7.1.3.11 Removal of graffiti and flyposters (Provisional Item);

7.1.3.12 Provision of a Rapid Response Service (Provisional Item);

7.1.3.13 Removal of abandoned shopping trolleys (Provisional Item);

7.1.3.14 Street washing in specified areas (Provisional Item);

7.1.3.15 Gritting of zone 1 town centre Locations (Provisional Item);

7.2 Hours of Operation

7.2.1 In zone 2, zone 3 and zone 4 areas normal daily Cleansing Services may take place from Monday to Sunday inclusive and should not normally commence prior to 0600 hours and not normally continue after 2000 hours in order to avoid nuisance and complaint. However, it is recognised that works outside these hours may be required to satisfy the requirements of the Code of Practice on Litter and Refuse or the requirements of certain Services. The Contractor should request written approval from the Authorised Officer prior to commencing Cleansing Services between the hours of 2000 hours and 0600 hours.

7.2.2 In zone 1 areas normal daily Cleansing Services many take place from Monday to Sunday inclusive. There are no specified core Service hours for zone 1 areas.

7.2.3 The Contractor should be aware that Mechanical Sweeping should not be undertaken in some residential areas at times that will cause reduction in amenity, statutory nuisance or complaint.

7.2.4 The Contractor must note the opening hours of the Waste disposal Sites could be a constraint on his operations and he must ascertain from the Waste Disposal Authority when the facilities are open. If the Contractor wants to operate outside these hours then he shall make arrangements with the Waste

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Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

Disposal Authority and be responsible for any additional special charges made by the Authority in complying with the Contractors’ request.

7.3 Bank and Public Holidays

7.3.1 Bank and public holidays may be treated as normal working days.

7.3.2 The Contractor shall provide the Service 364 days per year, the only exception being Christmas Day.

7.4 Area Zoning

7.4.1 The whole Borough has been zoned in accordance with the Code of Practice on Litter and Refuse and can be described as follows:

7.4.1.1 Zone 1 – Town centres, shopping centres, shopping Streets, major transport centres, central car parks and Locations adjacent to these (e.g. footways, highways, passageways, etc);

7.4.1.2 Zone 2 – High density residential area, suburban car parks and transport centres;

7.4.1.3 Zone 3 – Low density residential areas, other transport centres and areas of industrial estates;

7.4.1.4 Zone 4 – All other areas.

7.5 Cleansing Standards

7.5.1 The Code of Practice on Litter and Refuse prescribes four standards of cleanliness:

7.5.1.1 No Litter or refuse, known as grade A;

7.5.1.2 Predominantly free of Litter and refuse apart from small items, known as grade B;

7.5.1.3 Widespread distribution of Litter and refuse with minor accumulations, known as grade C;

7.5.1.4 Heavily Littered with accumulations, known as grade D.

7.5.2 Grade A shall be achieved by the Contractor after Cleansing and shall conform to the photographic standard contained within Appendix 9.9.3 and contained in the CoPLR.

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

7.6.2 It is recognised that these frequencies may be insufficient to maintain the output standard described in the Code of Practice for Litter and Refuse (COPLR) and the Contractor will be required to assess for himself the actual frequencies he proposes to adopt for all Locations throughout the district.

7.7 Carriageway Sweeping

7.7.1 Road Channels and the adjoining carriageway on each side of the Road and car parks shall be thoroughly swept and de-Littered at the minimum frequencies stated, or as otherwise directed by the Authorised Officer in accordance with the Act.

7.7.2 No additional payment will be made for hand sweeping at the heads of cul-de-sacs, traffic islands or other areas and the Contractor shall include for this work within the tender.

7.7.3 Pedestrian refuges and similar features may require additional manual sweeping. Manual sweeping shall be done concurrently with the sweeping operation to the standards set out in the COPLR, or as

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Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

otherwise directed by the Authorised Officer. The areas shall be thoroughly Cleansed to ensure all litter, detritus and vegetation is removed and the area is left clean. No additional payment will be made for this work and the Contractor shall include for this work within the tender.

7.7.4 The minimum frequencies stated do not replace the requirement for the Contractor to achieve the standards required under the COPLR and the Contractor will be required to alter frequencies and provide additional resources to ensure these standards are met.

7.8 Footway Sweeping

7.8.1 All areas designated for footway sweeping shall be throughly swept and de-Littered at the minimum frequencies stated, or as otherwise directed by the Authorised Officer in accordance with the Act.

7.8.2 Areas around Street furniture, where it is impossible or impractical for the footway to be mechanically swept, shall be concurrently Cleansed by hand to ensure all litter, detritus and vegetation is removed and the area is left clean. No additional payment will be made for this work and the Contractor shall include for this work within the tender.

7.9 Shopping Areas and Precincts

7.9.1 The main shopping areas in the Borough are located at Birkenhead and Liscard and are listed in the Streets Data File, contained within Appendix SC2, with maps of these areas contained in Appendix 9.9.1. The areas of the covered precincts in Liscard and Birkenhead are privately owned and are Cleansed by others. All other shopping Streets are identified in the Streets Data File.

7.9.2 The Contractor is to include for the Daily Cleansing of all surface areas within and around shopping areas, frontage to frontage, incorporating all features such as furniture, shrub beds, grass areas, hard surfaces, passageways, pathways, drainage slots and channels, Service Roads, delivery bays and Walkways, etc.

7.9.3 All drainage channels and gratings, etc., shall be kept cleared of Litter, sludge and debris.

7.10 Inner Area Cleansing

7.10.1 The Inner Area of the Borough is delineated on the map contained within Appendix 9.9.4 The area comprises part or all of the districts of New Brighton, Liscard, Egremont, Seacombe and the Birkenhead areas of North End, Central, Tranmere and Rock Ferry together with part of New Ferry.

7.10.2 The Contractors attention is drawn to the problems that exist within these areas, particularly where the property is terraced with rear Entries. The Contractor must include for the thorough Cleansing of the areas in accordance with this Specification irrespective of the volume of material to be removed.

7.11 Cleansing of Entries

7.11.1 The Contractor is required to thoroughly Cleanse all Entries in the Borough, as detailed in Appendix 9.9.1, once every four Weeks, in accordance with this Specification irrespective of the volume or type of material to be removed.

7.11.2 All Cleansing operations shall be carried out at the time of visit to include the removal:

7.11.2.1 Flytipping;

7.11.2.2 Litter (including animal faeces);

7.11.2.3 Detritus;

7.11.2.4 Dead weeds;

7.11.2.5 Flyposters;

7.11.2.6 Grafitti.

7.11.2.7 Any other items.

7.11.3 Some Entries are gated. The Authorised Officer will issue gate keys to the Contractor at the commencement of the Contract. Should the Contractor lose any keys, then the Contractor shall be liable for the cost of replacement keys.

7.11.4 The Contractor shall allow for this within the tendered price, and no additional payment shall be made.

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Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

7.11.5 The Contractor shall submit a schedule for these Works to the Authorised Officer for approval prior to the commencement of the Contract. The Contractor is required to request prior written approval from the Authorised Officer before amending the agreed work schedule.

7.12 Cleansing of Estates and Low Density Residential Areas

7.12.1 A significant proportion of the residential areas of the Borough have been included within zones 3 and 4 and include most of the private and social housing estates as well as the lower density residential areas. The Contractors attention is drawn to the Litter problems on some of the estates where there are large open spaces which need to be maintained to the standards prescribed in the Environmental Protection Act 1990.

7.13 Schools

7.13.1 The Contractor is advised that, in addition to scheduled Cleansing, the Contractor is required to provide an additional Weekly Cleanse to the areas surrounding secondary schools within the Borough. These schools, along with details of the surrounding areas, are listed in Appendix SC11.

7.13.2 The Contractor shall allow for this within the tendered price, and no additional payment shall be made.

7.14 Car Parks

7.14.1 Pay and Display car parks are provided adjacent to all the main commercial areas in the Borough and are heavily used. The Contractor is required to maintain the standards of all Pay and Display car parks.

7.14.2 All other car parks, including those at Council offices, are required to be Cleansed regularly, except for those identified in clause 7.15 of this specification which form part of the summer Cleansing requirement.

7.14.3 Car parks shall be classified as the same area zone as the adjacent Road and shall be Cleansed accordingly. Locations and sizes of car parks can be found within the Streets Data File, contained within Appendix 9.9.1.

7.15 Promenades, Revetment Walls and Associated Areas

7.15.1 For the purpose of this Contract, “Promenade” shall be defined as the end lengths of Road, pavement and associated features at Seacombe Promenade, Sandon Promenade, Egremont Promenade, Magazine Promenade, Tower Promenade, Marine Promenade, Marine Promenade Car Park, Kings Parade, Coastal Drive, former Derby Pool car park and access Road, Leasowe Common Roadway from Leasowe Road to the rear of the sea wall and grass areas from front to rear of the kiosks, North Parade and Meols Parade, Hoylake Promenade from Hoylake to Meols and South Parade West Kirby including the car parks at both ends of the Marine Lake.

7.15.2 The Contractor is to include all pedestrian access to promenade areas via Roads, passages or steps and carry out Cleansing as if they were part of the promenade.

7.15.3 During the prescribed summer season (twenty-six complete Weeks commencing with the first Monday in April each year) the Contractor is required to thoroughly Cleanse the entire grassed areas of Kings Parade and Leasowe Common on daily basis to remove all Litter and dog fouling in order to maintain these locations at Grade B.

7.16 Litter Bins

7.16.1 Litter bins of the post mounted or free standing varieties are provided in large numbers throughout the Borough, as detailed in Appendix 9.9.2. The Council has a progressive policy both to replace any existing Litter bins that are damaged and also to provide additional Litter bins at any Location the Authorised Officer considers may help to reduce Litter problems.

7.16.2 The Contractor is required to empty all existing Litter bins together with any additional Litter bins installed by the Authorised Officer as frequently as necessary to prevent the escape of Waste. For the avoidance of doubt no Litter bin should be more than 3/4 full at any time and no additional payment will be made for additional Litter bins.

7.16.3 The Contractor shall also be required to empty any Litter bin, at the request of the Authorised Officer, within 2 hours of the request being made.

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Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

7.16.4 At the time of emptying, the Contractor should remove any Litter within one metre of the Litter bin.

7.16.5 The Contractor is to inspect all Litter bins for damage as they are emptied and report any damaged bins to the Authorised Officer each evening by e-mail.

7.16.6 Most bins provided for use by the public have lockable inner liners and the Contractor is to ensure that these liners are replaced and locked back in after each emptying.

7.16.7 The Contractor shall be required to lock in any inner liners that are found to be not locked in, at the request of the Authorised Officer, within 24 hours of the request being made.

7.16.8 Any liners which, in the opinion of the Authorised Officer, were not locked in after emptying, and subsequently suffer loss or damage, shall be replaced by the Contractor at no cost to the Council. The Authorised Officer’s decision is final.

7.16.9 At the request of the Authorised Officer, the Contractor shall be required to wash, disinfect and clean out Litter bins in order to maintain them in a clean and sanitary condition. Payment for this work shall be made in accordance with the schedule of Daywork Rates.

7.16.10 At the request of the Authorised Officer, the Contractor shall be required to cap Litter bins in a given area when the alert status increases, so that they cannot be used for the duration of the increased alert. The Contractor shall be required to remove the caps, at the request of the Authorised Officer, when the alert status returns to normal. Payment for this work shall be in accordance with the schedule of Daywork Rates.

7.17 Drugs Related Litter

7.17.1 The Contractor shall include for the collection and removal of drugs related Litter from all Locations included in the Contract as a normal part of the Street Cleansing Service.

7.17.2 The Contractor shall be responsible for the collection and removal of drugs related Litter encountered as part of the normal Street Cleansing Service. The Contractor shall also respond as and when instructed by the Authorised Officer. The Contractor shall respond as soon as possible and, in any case, within ninety minutes of the instruction being issued during normal hours of operation.

7.17.3 The Contractor shall ensure all Employees are fully trained and carry the appropriate protective equipment to enable them to respond to such incidents.

7.17.4 All incidents of drug related Litter must be noted and reported electronically to the Council on a Weekly basis.

7.17.5 No additional payment shall be made for drugs related Litter removed as part of the normal Street Cleansing schedule or from occupied residential properties. On occasions when the Contractor responds to incidents which are not in areas scheduled to be Cleansed as part of the normal Street Cleansing Service or residential properties the Contractor shall receive additional payment based upon the Daywork rates. (Removal from residencies which are under renovation or managed by agents will be chargeable).

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Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

7.18 Leaf Fall

7.18.1 Whilst most Roads in the Borough suffer an increased Street Cleansing work content during the leaf fall period the Contractors attention is drawn to the Oxton, Heswall and Caldy areas of the Borough where the problem is more prevalent than in other areas.

7.18.2 The Contractor shall include for the collection of leaf fall from all Locations included in the Contract as a normal part of the Street Cleansing Service and deploy such additional resources, such as a dedicated resource for the clearance of leaves, as are necessary to maintain the Cleansing Schedule.

7.18.3 On collection, the Contractor shall take clean leaf fall for Composting wherever possible.

7.19 Grass Cutting and Weed Control

7.19.1 Any cut grass accumulated on footpaths and Roads etc. after mowing or cutting, shall be swept up and removed by the Contractor as part of the normal programmed Cleansing activity.

7.19.2 The clearance and disposal of all unwanted vegetation from all hard areas, grass margins, obstructions, shrub beds, and other ad-hoc Locations as requested by the Authorised Officer, shall form part of the normal Street Cleansing work. Moss is defined as unwanted vegetation and shall be removed as part of the Service.

7.19.3 The contractor will be responsible for the removal of weed once weed spraying has been successfully undertaken by or on behalf of the Council. The contractor shall remove live weeds from channels where the presence of such weeds has been caused by the contractor’s failure to cleanse the channels.

7.20 Graffiti and Fly Posting Removal (Provisional Item)

7.20.1 The Contractor shall remove graffiti and fly posters from Relevant Land within the Borough, including highway signs and apparatus (but excluding traffic management and utility apparatus) as requested by the Authorised Officer and/or members of the public. The Contractor will remove graffiti and fly posters by a method approved in writing by the Authorised Officer.

7.20.2 Where chemicals are proposed to be used by the Contractor to remove graffiti, the Contractor shall provide the Authorised Officer with COSHH Assessments of the chemicals to be used, and the Authorised Officer’s written approval must be gained in advance.

7.20.3 The Contractor shall remove graffiti from underpasses through paint-out.

7.20.4 Racist or offensive graffiti or fly posting, and illegal advertising graffiti or fly posting, will be removed by the Contractor within 24 hours of notification. All other graffiti or fly posting will be removed by the Contractor within 5 days of notification.

7.20.5 If the graffiti or fly posting has been removed, but stains or residue have affected a permeable surface, the Contractor will inform the Authorised Officer by e-mail within 24 hours of completion of the work.

7.20.6 Graffiti removal and fly posting removal from private property and utility apparatus will be through private arrangement between the Contractor and property owner. Payments will be made direct to the Contractor by the customer requesting the Service. The Contractor will retain any income generated by this Service.

7.20.7 The Contractor is to submit a Weekly report to the Authorised Officer detailing the graffiti and flyposting that has been removed during that Week.

7.20.8 The Council treats the problem of flyposting and graffiti very seriously and will prosecute anyone caught or suspected of committing such an offence providing that sufficient evidence can be gathered. The Contractor is to assist the Council in this regard by obtaining photographic and written evidence (i.e. time, date, location, posters, etc.) and supplying this information to the Authorised Officer in an agreed format at the end of each day. The Contractor may also be required, from time to time, to assist the Council in the preparation of prosecution statements and attendance at court hearings.

7.21 Sand and Tidal Debris

7.21.1 Promenades and Roads which are near to beaches and slipways become covered, on occasions with quantities of sand, shingle or tidal debris. The Contractors attention is especially drawn to the large

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Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

amount of wind blown sand which is deposited on the highway at West Kirby, Hoylake and New Brighton that will need to be removed in order to ensure highway safety.

7.21.2 The Contractor shall provide all equipment and include in his tender for the removal of any such sand, shingle or debris from Roads affected as part of his normal Cleansing operation and, upon referral from the Authorised Officer, within 24 hours.

7.22 Rapid Response Service (Provisional Item)

7.22.1 The Contractor shall engage sufficient dedicated personnel to provide a Rapid Response Service. This Service is to be provided from 08.00 to 17.00 Monday to Saturday inclusive to deal effectively with any matters which, in the opinion of the Authorised Officer, are of an urgent nature.

7.22.2 The Contractor is not required to provide this Service on Bank Holidays.

7.22.3 Recent experience indicates that approximately 250 requests for the Rapid Response Service are made by the Authorised Officer each year although no guarantee is given or implied that this figure is the maximum which should be expected.

7.22.4 The Contractor is to respond immediately, upon request from the Authorised Officer, to any matter of an urgent nature and in any event must have satisfactorily dealt with the occurrence within one hour of receiving the request. If the Authorised Officer or his representative attend an incident his instruction must be observed.

7.22.5 The Contractor must make available between the hours of 08.00 and 17.00 Monday to Saturday inclusive, a responsible person to receive requests for the Rapid Response Service and have sufficient seniority to be able to act upon the receipt of that request.

7.22.6 No other resources are to be diverted from their normal tasks in order to provide a Rapid Response Service.

7.22.7 Examples of occurrences which the Authorised Officer may refer to the Rapid Response Service are:

7.22.7.1 Clearance of debris after a traffic accident;

7.22.7.2 Broken glass or other debris on the highway;

7.22.7.3 Damaged bus shelters;

7.22.7.4 Debris or loads spilled from vehicles;

7.22.7.5 Oil spillages on the highway which require sanding and subsequent sweeping up of the sand. OR cleaning up of such spillages using other methods approved by the Authorised Officer;

7.22.7.6 Dead animals on the highway and/or beaches;

7.22.7.7 Flytipping (no exclusions);

7.22.7.8 Flytipping industrial Wastes;

7.22.7.9 Responses to public complaint, which in the opinion of the Authorised Officer, requires immediate action in order to bring about customer satisfaction.

7.22.8 The Contractor may also be required to respond to occurrences outside of the core hours stated, or to respond to incidents occurring at the request of the Authorised Officer. Payment for such call out shall be made in accordance with the schedule of Daywork Rates given in the Pricing Schedule.

7.22.9. Within 24 hours of responding to such an occurrence, the Contractor shall submit a report to the Authorised Officer in an agreed format giving details of the incident, timings, actions taken and outcomes, etc.

7.22.10 The Council treats the problem of flytipping very seriously and will prosecute anyone caught or suspected of committing such an offence provided that sufficient evidence can be gathered. The Contractor is assist the Cuoncil in this regard by obtaining photographic and written evidence (i.e. time, date, location, posters etc.) and supplying this information to the Authorised Officer electronically at the end of each day. The Contractor may also be required, from time to time, to assist the Council in the preparation of prosecution statements and attendance at court hearings.

7.23 Abandoned Shopping Trolleys (Provisional Item)

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7.23.1 The Contractor should be aware that the Council has resolved to recover, store and make a charge for shopping trolleys abandoned on relevant land or highways under section 99 of the Environmental Protection Act 1990.

7.23.2 It will be the responsibility of the Contractor to recover any shopping trolleys which appear to be abandoned and store such trolleys at the depot under the control of the Contractor. A Weekly log of all trolleys so repossessed and in the possession of the Contractor will be passed to the Authorised Officer stating:-

7.23.2.1 The Location where the trolley was located;

7.23.2.2 the identified owner of the trolley (where possible);

7.23.2.3 the condition of the trolley.

7.23.3 The Contractor will only be required to release trolleys in their possession recovered as part of the requirement upon production of a written receipt from the Authorised Officer indicating that the recovery charge has been made. The owner of the trolleys will be requested to acknowledge receipt of his equipment at the time of collection and the owner will be responsible for all transport charges in respect of the collection of the same.

7.23.4 Unclaimed trolleys in the possession of the Contractor may be disposed of after they have been stored for a minimum period of six Weeks, following certification from the Authorised Officer that they may be disposed of. Any income from the sale of unclaimed trolleys may be retained by the Contractor.

7.24 Gritting (Provisional Item)

7.24.1 The Contractor shall be responsible for the gritting of zone 1 town centre areas in accordance with schedule detailed in Appendix 9.9.1.

7.24.2 The Contractor shall use a urea based product which shall be provided to the Contractor by the Council free of charge.

7.24.3 The Contractor shall also be required to provide an ad hoc gritting Service, as and when required by the Authorised Officer.

7.24.4 Payment for these works shall be in accordance with the Daywork Rates given in the Pricing Schedule.

7.25 Street Washing (Provisional Item)

7.25.1 The Contractor will be required to provide a Weekly Street washing Service to the shopping areas as detailed in Appendix 9.9.1.

7.25.2 The Contractor shall allow for this within the tendered price, and no additional payment shall be made.

7.25.3 The Contractor may also be required to provide a Street washing Service at other Locations, at the request of the Authorised Officer. Payment for this Service will be in accordance with the schedule of Daywork Rates given in the Pricing Schedule.

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Street Cleansing Specification
Part 7

7.26 Special Events and Voluntary Organisations

7.26.1 To cater for special events in the Borough such as shows, fairs, sports activities, etc. (for example, the Wirral Show), or voluntary groups undertaking special clearance and Litter picking tasks in the Borough the Authorised Officer may require the Contractor to supply labour, vehicles, Plant or equipment to assist with or promote clearance operations.

7.26.2 The Contractor will be paid in accordance with the schedule of Daywork Rates given in the Pricing Schedule for any item supplied under this clause.

7.27 Volume and Type of Material

7.27.1 The Contractor shall not place any constraint on the volume or type of Litter which is to be removed from any Location, and all such eventualities shall be included for within the Contract price.

7.27.2 Any item of Litter discarded or deposited at any Location to which this Contract applies having a volume not exceeding 1 cubic metre must be removed at the time and day programmed for Street Cleansing. The volume of 1 cubic metre shall be applied to single items and not be the aggregate of smaller items. If any item of Litter discarded or deposited at any Location to which this Contract applies and has a volume of more than 1 cubic metre it shall be collected by the Contractor using separate resources if he so wishes but in any event must be cleared within 24 hours of its detection.

7.27.3 The Contractor’s attention is drawn to the fact that Waste Collection in this Borough is carried out using wheeled bins. There are occasions when householders fail to use the Waste Receptacle provided and put Waste out in bags or boxes or loose. If this occurs the Contractor is required to ascertain where the Waste has come from and recover any documentary evidence, prior to removal, and inform the Authorised Officer immediately so that enforcement action can be taken against the householder. The Contractor is required to remove all such deposits as part of the normal Cleansing operation.

7.28 Organisation and Methods

7.28.1 Subject to the approval of the Authorised Officer the Contractor is permitted to organise the delivery of the Service in any way which fulfil all the requirements of the Contract to the required standard within the required times, although the Council does have a preference for area based Service provision and tandem working to ensure task completion.

7.28.2 The Contractor is permitted to use both heavy and compact mechanical sweepers anywhere in the Borough where they can be effectively utilities and subject to normal weight restrictions.

7.28.3 The Contractor is encouraged to consider using compact mechanical sweepers in some of the high profile areas of the Borough.

7.29 Programme of Work

7.29.1 The Contractor shall submit a full and detailed programme of work to the Authorised Officer for approval, not later than four Week prior to the commencement of the Contract.

7.29.2 The Programme shall include details of all rounds to be worked and shall include the days when each Location is programmed to be Cleansed. This information shall be provided electronically and may also be presented as colour coded maps or lists of work programmed per day per round provided that the information is supplemented by clear indication of the direction of progress of work throughout the day. The Authorised Officer may audit the quality of the work undertaken throughout the course of the day.

7.29.3 The programme of work shall not be altered in any way without the prior approval of the Authorised Officer.

7.30 Performance Monitoring

7.30.1 The Council will require the Contractor to achieve the highest standard of Cleansing at each programmed Location on each day. The actual level of performance achieved on each day shall be measured by inspecting a random sample of programmed Locations after Cleansing operations are complete and noting the standard observed by comparison with the photograph standards within Appendix 9.9.3.

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Street Cleansing Specification
Part 7

7.30.2 Grade A denotes compliance with the Contract whilst any other grade will denote a failure to perform.

7.30. The random selection of Locations to be monitored will be computer generated by the Authorised Officer daily. It is envisaged that 5% of programmed work for a given day will be subject to inspection although a higher or lower percentage may be used depending on the level of confidence built up between the Contractor and the Council. For the avoidance of doubt the percentage sample size shall be determined at the sole discretion of the Authorised Officer.

7.30.4 Performance monitoring is to be carried out by the Contractor on seven days each Week, Monday to Sunday, with the Contractor’s representative being accompanied by an officer of the Council who will verify the grades being noted. In the case of disagreement between the Council’s and Contractor’s representative a photograph will be taken by the Council of the disputed Locations and the Authorised Officer will adjudicate after viewing the photographs.

7.30.5 It is hereby declared that the results of the daily performance monitoring inspections are to be accepted as being representative of the performance achieved across the Street Cleansing Service for that day and will be used in the calculation of performance in accordance with clause 4.14 and Clause 4.37 of the Conditions of Contract.

7.30.6 The Contractor is expected to carry out additional supervisory inspections in the normal course of business, but any such additional supervisory inspections will be excluded from the computation of the Contractor’s percentage performance for the purposes of Clause 4.14 and Clause 4.38 of the Conditions of Contract, unless in the opinion of the Authorised Officer, the inclusion of the additional supervisory inspections in the computation is statistically valid.

7.30.7 Without prejudice to the obligations of the Contractor to achieve the standards of Cleansing specified herein, should any supervisory inspection reveal that the standard of cleanliness at any Location inspected is below grade A, the Contractor will ensure that such Location is returned to grade A standard within the time stipulated in the Code of Practice on Litter and Refuse for the zone specified for that Location, namely:

7.30.7.1 In zone 1 areas, if at grade B, it shall be restored to grade A within six hours. If at grade C it shall be restored to grade A within three hours. If at grade D it shall be restored to grade A within one hour.

7.30.7.2 In zone 2 areas, if at grade B, it shall be restored to grade A within twelve hours. If at grade C it shall be restored to grade A within six hours. If at grade D it shall be restored to grade A within three hours.

7.30.7.3 In zone 3 areas, if at grade C, it shall be restored to grade A within twelve hours. If at grade D it shall be restored to grade A within six hours.

7.30.7.4 In zone 4 areas, if at grade C, it shall be restored to grade A within one Weeks. If at grade D it shall be restored to grade A within three days.

7.30.8 These standards shall apply between the hours of 0600 and 2000 daily in zone 2, zone 3 and zone 4 areas, and at all times in zone 1 areas.

7.30.9 The contractor shall keep electronically contemporaneous and accurate records of all operative and supervisory inspections it has carried out and of all remedial action taken pursuant to such inspections, and shall make such records available for inspection and copying by the Authorised Officer as and when required. The Contractor shall retain the inspection records for a minimum period of eighteen Months. The Contractor is hereby reminded that the daily random performance monitoring inspection records form the basis for the computation by the Contractor of its Weekly Certificate of Performance for the purposes of clause 4.14 and Clause 4.38 of the Conditions of Contract.

7.30.10 Notwithstanding the provisions of this clause the Council reserves the right at all times to inspect the quality of the work being undertaken by the Contractor for the purposes of assessing the effectiveness of the Street Cleansing Service.

7.31 Oil Pollution and Other Incidents

7.31.1 Due to the proximity of main shipping lanes and oil transfer facilities there are occasions when the Council may be required to respond to incidents of oil pollution in the area.

7.31.2 The Council may also, on occasion, be required to respond to other incidents in the area, natural or otherwise (for example terrorist attacks).

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Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

7.31.3 In the event of any such incidents requiring a response by the Council then the Authorised Officer shall be empowered to divert some or all of the Contractors resources as deemed necessary by the Authorised Officer. The Contractor will not receive any additional payment for such diversions where they occur within the Contractors normal working hours and are directed to be undertaken in place of the Street Cleansing workload programmed for the duration of the diversion. Where the Authorised Officer requires assistance at other times outside the Contractors normal working hours then Daywork Rates shall apply.

7.31.4 Any specialised equipment, materials and protective clothing necessary to deal with such incidents will be provided by the Authorised Officer at the Council’s expense.

7.32 Parking

7.32.1 Some Streets in the Borough are regularly parked with cars that can cause difficulty in thoroughly Cleansing the edges of the carriageways. The Contractor will, however, be expected to make every effort to keep such Roads thoroughly Cleansed using any special equipment he may consider necessary. It is expected that the Contractor will have made himself familiar with the problems to be experienced and to overcome the difficulties in sweeping which parked cars can cause. Allowance should be made for this when submitting the tender, as no additional payment will be made by the Council in respect of this problem.

7.33 Supplementary Information

7.33.1 The Street Database computer file provided to the Contractor in Appendix 9.9.1 does not form part of the Contract documents and the Contractor is to verify the information himself, as its accuracy is not guaranteed or implied.

7.33.2 The data base file gives a guide to the lengths or surface areas of Locations to which this Contract applies and shows the zoning of those Locations.

7.34 Continuous Service Improvement

7.34.1 The Council have a policy of reviewing the Services it provides to the residents of the Borough and the Street Cleansing Service will be subject to such reviews.

7.34.2 Any review of the Service will be undertaken jointly between the Contractor and the Authorised Officer and will entail market research to canvas opinion from the residents of the Borough that the standard of Cleansing required by the Contract is being met.

7.34.3 The Contractor will cooperate with the Authorised Officer in improving the Service to meet the aspirations of the residents of the Borough. If such improvements are necessary to enable the originally Contracted Service to be performed then no additional payment will be made to the Contractor in making any such improvement.

7.35 Performance Monitoring (Street Cleansing)

7.35.1 At all times after the Commencement Date the Contractor will be required to assess performance in conjunction with the Council in accordance with the provisions of clause 7.30 of the Specification and to deliver a Certificate of Performance each week to the Authorised Officer to identify the percentage achieved through the performance of the Street Cleansing Services that Week.

7.35.2 Monitoring of a randomly selected statistically valid sample of work performed by the Contractor in a given period is to be used to assess the quality and extent of the Contractor’s performance during that period.

7.35.3 In the first instance, the computation of any default in performance by the Contractor shall be made in accordance with the provisions of clause 7.30.3 of the Specification, but, as set out below, should the Council in its absolute discretion consider that for any given period the use of the normal method of performance monitoring has not given or may not afford a sufficiently accurate measure of the Contractor’s default in performance for that period, the Council may carry out its own audit of the Contractor’s work which includes inspection of the physical Cleansing operation, all administration and documentation and the activities relating to the production of the performance assessment figures. In this case the results of such audit shall be used as the basis for calculating the performance by the Contractor.

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Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

7.35.4 The certificate of performance shall be submitted to the Authorised Officer Weekly to show the percentage of the Services performed in strict accordance with the Contract. The performance percentage shall be calculated on the basis of the Contractors records of the inspections it has carried out pursuant to clause 7.30.3 of the Specification and in accordance with the following formulae:

100 – (Number of Items not Grade A upon Inspection x 100)

Total Number of Inspections 1

7.35.5 In order to calculate the deductions for failure in performance for any monthly period, the Contractor shall:

7.35.5.1 average the performance percentages for the days/weeks covered by that certificate of performance.

7.35.5.2 the deductions appropriate to that averaged figure should be ascertained from the Table 1, Performance Monitoring Valuations.

7.35.6 The Contractor shall undertake to exercise the utmost good faith in assessing its monthly percentage performance.

7.35.7 The Council may at any time carry out an audit inspection of the work undertaken by the Contractor in accordance with the agreed auditing procedure set out in clause 7.30.1, in order to ascertain whether the Contractor is complying fully with its obligations under the terms of the Contract. The Authorised Officer shall give the Contractor prior notice of the commencement on any such audit inspections and invite the Contractor to observe the audit.

7.35.8 The agreed auditing procedure will comprise one or any combination of the following, as the Council in its absolute direction may determine.

7.35.8.1 assessment and verification of the Contractors performance based on the Contractors documentation;

7.35.8.2 a physical inspection of a sample of locations where work has been programmed to be performed by the Contractor during the day based on an independent monitoring of a random sample of locations by the Auditor. The number of locations sampled shall not be less than that required of the Contractor under clause 7.30.3 of the Specification.

7.35.9 The results of the Authorised Officer’s audit will, as soon as practicable, be given to the Contractor. If the results of any audit inspection undertaken by the Council demonstrate a lower percentage performance for a given period than the percentage performance claimed by the Contractor, the percentage performance demonstrated by the audit shall be used by the Contractor for the purpose of calculating the deductions appropriate to that period for the purposes of clause 7.30.1 and could be used by the Council for the purposes of clause 4.50.

Table 1
Performance Monitoring Valuations
Street Cleansing Service

Contractors Performance	Value of Lost Service
100-95%	Nil
94%	1% OF CONTRACT SUM
93%	2% ”
92%	3% ”
91%	4% ”
90%	5% ”
89%	6% ”
88%	7% ”
87%	8% ”
86%	9% ”
85%	10% ”
84%	11% ”
83%	12% ”

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Metropolitan Borough of Wirral
Environmental Stretscene Services Contract
Street Cleansing Specification
Part 7

82%	13% ”
81%	14% ”
80%	15% ”
79%	16% ”
78%	17% ”
77%	18% ”
76%	19% ”
75%	20% ”

74%	26% ”
73%	27% ”
72%	28% ”
71%	29% ”
70%	30% ”
69%	31% ”
68%	32% ”
67%	33% ”
66%	34% ”

And thereafter the Value of Lost Service shall increase by 1% for every decrease of 1% in the Contractor’s performance figure so that if the Contractor’s performance figure falls to 1%, the value of Lost Service figure shall be 99%.

99% ”

Page 101 of 164

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5 questions answered about the Lyndale School closure plans

The Wirral Globe has just arrived through my door and in it is a letter from a Keith Crowden of Upton titled “Any Answers?” although in the online version its “Any answers on Lyndale?” .

Keith Crowden of Upton asks:

1) How many pupils go to the school and how many teachers and other staff are there at present?

Wirral Council state that there are now 21 pupils on the roll at Lyndale School (as of yesterday 30th September 2014). However it is noted that a number of these will reach secondary school age next year and will not be directly affected by the proposed closure in January 2016.

Reference: section 8.1 of this letter from Surjit Tour published yesterday.

According to the Lyndale School website there are 19 teaching assistants and 3 teachers at the school. However this information might be out of date. It is possible there are other staff too that are not listed on its website. However only The Lyndale School could answer the actual current number about how many teachers and other staff are now employed on this particular day as this number fluctuates. My own guess is that the total number of staff is somewhere between twenty-two and thirty-five (I am assuming you are referring in your question to paid staff and not volunteers).

2) How many different schools are likely to be used for the transfer of the children if the school is closed and would the attention they receive now be diminished in another environment?

Stanley School and Elleray Park have already been named as alternative schools so at least two, however some parents have said they will not send their children to either of those schools if Lyndale School closes. So the number of different schools if it was closed that the children at Lyndale School would go to is likely to be a number between three and six. In theory it could be as high as twelve, but that’s highly unlikely.

In answer to the second part of your question, if the school was closed and the pupils were transferred to either Elleray Park or Stanley School, then Wirral Council plans to spend less money on a per pupil basis than Lyndale currently receives. Currently Lyndale School receives on average ~£33,000 per pupil, this would drop to between ~£17,000 per a pupil to ~£26,000 per a pupil depending on which one of five new bands that particular former Lyndale School pupil is assessed in based partly on their EHCP (Education, Health and Care Plan).

However if Lyndale School shut and the former Lyndale pupil/s was transferred to an independent special school, the amount received per a pupil would be uncapped. If the former Lyndale School pupil went to a special school outside of Wirral (bear in mind Lyndale School is in Eastham very close to the edge of Wirral so it is a possibility parent/s would choose placements outside of Wirral) the amount would also be uncapped based on the current policy.

This is because Wirral Council’s current policy is to not have a cap on funding for independent special or out of borough special placements, but they intend to introduce a cap for special pupils in schools on the Wirral Borough from next year assuming they get agreement to this from the various decision-making bodies.

This reduction in funding will probably lead both to less staff time available per a child and/or a reduction in other costs that the school has. That is the view of the parents, some councillors, staff and other people replying to the consultation. However Wirral Council takes a different view on this point.

I do not think it is realistic to state that education would remain the same as they receive at Lyndale School although Wirral Council would disagree with me on that point.

3) Would all children find places nearer or further away from home as at present and would transport be provided for them to go and come back from school each day?

The first part of that answer is impossible to answer until a final decision over closure is made and a parental choice is made about alternative schools. However I remember one parent stating that they moved house so that they could be nearer to Lyndale School, therefore in some cases the places would be further away from their home.

SEN Transport can be provided for pupils to go and come back from school, however some parents choose to take their children to school themselves. If your question is would SEN Transport be provided at the new schools as a choice, then the answer if yes if it was requested. However SEN Transport is not compulsory and results in a cost to Wirral Council.

4) What would happen to the present teachers and other staff if the school was closed?

They would lose their jobs, that is to say they would be made redundant as the school had closed. It would then be down to the individual members of staff to apply for jobs elsewhere if they so wished to do so at that stage.

It is to be noted that Wirral Council made an error in the consultation document in relation to what would happen to the staff if the Lyndale School closed.

Despite how the unimplemented Cabinet resolution of 4th September 2014 is phrased, no jobs are guaranteed. Any decision over employing former Lyndale staff elsewhere would be up to that school’s governing body, the usual legal processes such as filling out application forms, criminal record background checks, interviews etc and the former Lyndale staff would be in a competitive process with other applicants for any new jobs created at other schools.

Due to the funding reduction, even if all the former Lyndale School staff applied for jobs at the places where the former Lyndale School pupils had been moved to, the funding reductions would mean that there would be a reduction in posts compared to current staffing levels at Lyndale School.

5) Would the real saving come from the sale of the Lyndale premises and site?

The land and buildings are valued at £2.7 million in February 2013 by Wirral Council. However it could not be sold unless:

(a) it was declared surplus to requirements (a decision that would have to be made by Wirral Council)
(b) a buyer was found
(c) there are other decisions that would have to be made by bodies outside Wirral Council in relation to the land and buildings before a sale could proceed as it is a school. It is unknown whether such bodies would agree to it or not. For example multiple approvals would be needed from the government in relation to the land and buildings before any changes such as a sale or change of use were made.
(d) in order to change its use planning permission would be required (a decision that would have to be made by Wirral Council)

It is to be noted at this stage that the Land Registry entry for Lyndale School refers to a conveyance agreement (if memory serves correct 1952) between Cheshire County Council, a limited company and an individual. I note that prior to the creation of Wirral Council in 1974, this piece of land was in the Cheshire County Council area. Although Cheshire County Council was abolished in 2009, in 2009 its functions were transferred to Cheshire West and Chester and Cheshire East.

I do not currently have access to a copy of this document, which is lodged with Land Registry, Birkenhead. Due to public service cutbacks I have to wait for an appointment with Land Registry in order to view and request a copy of it although either Chester West and Chester or Cheshire East should have a copy when the Cheshire County Council records were transferred.

I have given as full an answer as I can to the above questions, considering that some of the detail is either not known to me, would take too long to collate or would result in me having to make enquiries of others.

There will be a public meeting of Wirral Council’s Coordinating Committee on 2nd October 2014 starting at 6.00pm in Committee Room 1 at Wallasey Town Hall to discuss the recent Cabinet decision and decide what to do next.

At the moment implementation of the decision has been put on hold pending the outcome of that meeting.

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Expense claim forms for Councillor Harry Smith 2013 to 2014

Councillor Harry Smith is a Labour Party councillor for Bidston & St. James ward. During the period these expense claims cover, he was Cabinet Member for what is now called Highways and Transportation but was previously called Streetscene and Transport.

His expense claim forms cover his work as a Cabinet Member (referred to by the initials CM on the forms), work on Wirral Council’s Pensions Committee (which manage the Merseyside Pension Fund worth billions of pounds), conferences & training, housing association meetings (where he was a Wirral Council representative), an employment appeal (the trade unions are still in dispute over this being decided by officers now and not councillors and this looks like it may have been one of the last decided by councillors), the Beechwood Joint Management Committee (on which he was a Wirral Council representative), full Council meetings, a Cabinet “Away Day” in July 2013 with the Chief Executive Graham Burgess, a meeting of the North Birkenhead Development Trust (which runs the St James Centre in Laird Street), a leadership program meeting in Acre Lane, a site visit in his role as Cabinet Member and a meeting at the Floral Pavilion about the flooding in New Brighton.

The sixteen pages of claim forms covering this period are below.

Cllr Harry Smith expenses claim 2013 2014 page 1

Cllr Harry Smith expenses claim 2013 2014 page 2

Cllr Harry Smith expenses claim 2013 2014 page 3

Cllr Harry Smith expenses claim 2013 2014 page 4

Cllr Harry Smith expenses claim 2013 2014 page 5

Cllr Harry Smith expenses claim 2013 2014 page 6

Cllr Harry Smith expenses claim 2013 2014 page 7

Cllr Harry Smith expenses claim 2013 2014 page 8

Cllr Harry Smith expenses claim 2013 2014 page 9

Cllr Harry Smith expenses claim 2013 2014 page 10

Cllr Harry Smith expenses claim 2013 2014 page 11

Cllr Harry Smith expenses claim 2013 2014 page 12

Cllr Harry Smith expenses claim 2013 2014 page 13

Cllr Harry Smith expenses claim 2013 2014 page 14

Cllr Harry Smith expenses claim 2013 2014 page 15

Cllr Harry Smith expenses claim 2013 2014 page 16

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Public notice for proposed changes to parking on Birkenhead Market Service Road (deadline 26th September 2014)

In an update to yesterday’s story about the proposed changes to parking behind Birkenhead Market, here is the public notice about it published in the 3rd September 2014 edition of the Wirral Globe. I’d better declare again that my wife Leonora Brace regularly parks in the Birkenhead Market Service Road with her Blue Badge and is someone that will be affected by the proposed Traffic Regulation Order.

This the public notice about the proposed traffic regulation order about the Birkenhead Market Service Road published on page 61 of the Wirral Globe on the 3rd September 2014.

The tale which explains why they’ve had to re-advertise this Traffic Regulation Order (I’m sure the Wirral Globe doesn’t mind the extra money as it’s now been advertised twice) for the second time in the Wirral Globe is covered in this story from August 8th 2014.

One does wonder why they don’t make the plans available at the nearby Birkenhead One Stop Shop in Conway Street? Perhaps Wirral Council still have somewhat of a “beware of the leopard” mentality when it comes to people actually viewing the proposals!

METROPOLITAN BOROUGH OF WIRRAL – (BIRKENHEAD CONTROLLED PARKING ZONE) – (WAITING, LOADING & PARKING PLACES) ORDER 2008 – AMENDMENT NO 1, 2014

Notice is hereby given that Wirral Borough Council in exercise of its powers intends to make the above order under Sections 1, 2, 3, 4, 32, 35 and 84 of the Road Traffic Regulation Act 1984, and of all other enabling powers.

The general nature and effect of this order will be to amend the existing order Metropolitan Borough of Wirral, (Birkenhead Controlled Parking Zone) (Waiting, Loading & Parking Places) Order 2008 by prohibiting parking and loading along sections of Birkenhead Market Service Road and to allow loading and unloading for vehicles within designated bays. The effect of this order is to improve access for vehicles servicing the Market Hall and Grange Precinct.

A copy of this Notice, the proposed Order, map, the order proposed to be amended and a statement of the Council’s reasons for proposing to make the Order, may be seen during normal office hours at Cheshire Line Buildings, Canning Street, Birkenhead, Wirral, CH41 1ND and on Monday, Tuesday, Thursday and Friday 9am to 5pm and Wednesday 10am to 5pm at the One Stop Shop, Town Hall, Brighton Street, Seacombe CH44 8ED.

Any objections to the Order, together with the grounds on which they are made, must be sent in writing to the undersigned (quoting reference KO) by Friday 26 September 2014.

Unless otherwise stated, all Metropolitan Borough of Wirral Public Notices are published by Surjit Tour, Head of Legal and Member Services, Town Hall, Brighton Street, Wallasey, Merseyside CH44 8ED and all notices are dated this 3rd day of September 2014.

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A meeting with 2 Wirral Council officers about parking behind Birkenhead Market and disability issues

I had an interesting meeting with Leonora and two Wirral Council officers in Birkenhead about the proposed changes to parking at the back of Birkenhead Market as a result of a traffic regulation order that’s being consulted on. I will start by pointing out that my wife Leonora regularly parks in the Birkenhead Market Service Road and has a Blue Badge. I did ask for my concerns to be fed into the car parking review which is now happening as a task and finish group chaired by Councillor Paul Doughty.

One of my issues was to do with the fact that if they went ahead with this traffic regulation order it would prevent users with a Blue Badge parking in the Birkenhead Market Service Road. We started our survey of parking outside the One Stop Shop in Conway Street. The short 15 minute bays there were permanently in use. Each time someone moved another car came in within a few minutes. Interestingly G4S was also parked in the short stay bay there and had gone in to the One Stop Shop (G4S were the company the people were protesting about outside the Mayor of Liverpool’s house as reported in the Liverpool Echo recently).

We crossed the busy road and went past the Birkenhead Bus Station.

The blue badge bays in the car park next to Birkenhead Bus Station were (no surprise there) all in use. We then walked around the first half of the Birkenhead Market Service Roas talking on the way. The officers said that the Pyramids/Birkenhead Market were paying the costs of the traffic regulation order because of problems they had with antisocial parking blocking deliveries.

There were a number of cars and a van parked on that stretch of the Service Road but no loading or unloading was observed during the time we were there (late afternoon). What is interesting though is that the Pyramids (one of two bodies we were told would be paying for the traffic regulation order) currently charge people for parking in their multi-storey car park (apart from on a Sunday).

Leonora raised the issues she had about being (if the Traffic Regulation Order came into force at some future date) that she would be forced to park elsewhere. One of the market stall holders (who runs the flower stall) came over when he heard us talking. He was confused by what the Traffic Regulation Order was about as guess what no consultation had happened with the individual stall holders! He asked if it would it affect his customers picking up flowers? The Wirral Council officers assured him that it wouldn’t and explained it was aimed at blue badge users parking on the Birkenhead Market Service Road.

Technically if they’re only picking up prepaid flowers they were right, however if his customers were parking (rather than loading/unloading) with a blue badge it will affect them.

Wirral Council officers admitted to me that they had not consulted the individual market stall holders. Consultation problems seem to be a recurring theme with Wirral Council recently. Officers felt that consulting with the company that runs the market was enough as they so them as a representative body (even though there seemed to have been no clear communication or consultation with individualmstall holders).

What I did surprise them with though was a paper copy of Birkenhead Market Lease & sublease (which in a rather twisted irony in all this is with Wirral Council) which I received last Friday as part of the 2013/14 audit.

What’s interesting (and the detail of this was seemingly unknown to those Wirral Council officers who started asking me where I’d got the lease and sublease from the answer being Wirral Council itself) is that there is then a sublease with the market stall holders. Here are some quotes from it (which mention the Grange too):

“1.1 Right to use half width of access road

The full and free right for the owners and occupiers of the adjoining property known as the Grange Shopping Centre (“the Adjoining Land”) (in common with the Council and all persons deriving title under the Council and all others entitled to a like right) at all times to pass and repass over and along that part of the access road situate on the Premises and shown coloured brown on the Plan with or without vehicles for the purpose of gaining access to or egress from the Adjoining Land but so that such right shall extend only to moving traffic whether pedestrian or vehicular PROVIDED that such right shall be exercised in one direction only such direction to be from the point marked X on the Plan to the point marked Y thereon or such other direction as shall be agreed from time to time between the Council the Tenant and the owner of the Adjoining Land and SUBJECT to the obligations of the Council but with the BENEFIT of the obligations of the owner of the Adjoining Land contained in paragraph (5) of the Part ii of the First Schedule to the Transfer dated 1^st October 1992 and made between The Council (1) and Legal & General Assurance Society Limited (2) (“the Transfer”)

1.2 Rights over Market Loading Bays

The full and free right for the owners or occupiers of the Adjoining Land (in common with the Council and all persons deriving title under the Council and all others entitled to a like right) to use at all times those parts of the Premises shown hatched red on the Plan for the purpose of parking motor vehicles loading or off-loading or waiting to load or off-load goods into and from the Adjoining Land or any part thereof and for no other purpose whatsoever PROVIDED that (save as mentioned in paragraph (6) of Part ii of the First Schedule to the Transfer)(except in case of emergency) no motor vehicle shall be so parked for a period in excess of one hour at any one time nor in a manner as shall obstruct traffic on the said access road coloured brown and green on the Plan SUBJECT to the obligations of the Council but with the BENEFIT of the obligations of the owner of the Adjoining Land contained in paragraph (6) of Part ii of the First Schedule to the Transfer”

I presume as it mentions the side run by the Pyramid/Grange that there is something similar in their lease too. In other words what’s the point of a Traffic Regulation Order as Wirral Council is currently because of the contract they signed with the tenants (at least on the market side) supposed to be managing effectively the traffic in the Birkenhead Market Service Road through this clause in the contract already?

The fact that the two officers involved with the Traffic Regulation Order didn’t know about the clauses in the Birkenhead Market sublease until I brought it up is worrying in itself as surely the Asset Management side of Wirral Council has a copy of the lease and subleases for day to day management?

One of the two officers rather amusingly asked me “Do you know the budgetary pressures the Council is under?” (or words to that effect). I have a rather short reply to that as the press I was and tried not to smile too much at the question.

The point is, if someone is parked where they shouldn’t be and caused a nuisance or blocked that road it’s a police/traffic warden issue to deal with.

Much of the road can’t be currently parked in by blue badge holders as it’s even loading bays or double yellows with kerb blips.

The issue to do with traffic flow is also a civil matter too to do with how you enforce the lease. The fact the traffic side at Wirral Council doesn’t know what the asset side at Wirral Council is doing (and seemingly don’t talk to each other) is perhaps a rather worrying sign of a “silo mentality”.

The fact that the costs of the Traffic Regulation Order are being paid for by a company that will benefit from people paying an extra £2 at the expense of the disabled who will be prevented from parking for free here is again another worrying example of Wirral Council seemingly being on the side of commercial interests.

Officers did suggest as a compromise that if we dropped our objections to the proposed traffic regulation order that they would monitor the parking situation in a year’s time. This was not accepted. I also asked for these issues to be fed into the current car parking review and promised to email the relevant sections of the Birkenhead Market lease to them.

Sadly this is another tale where there has been lack of consultation with the individual market stallholders on an issue that will affect their trade. Wirral Council seem to take the “Beware of the Leopard” mentality of saying that they don’t have to consult with them and the plans were available and that it’s not their fault if people didn’t go and look at them.

Anyway the consultation on this proposed Traffic Regulation Order runs to Friday 26th September. If there are any unresolved objections after that it goes to the Highways and Traffic Representation Panel. The Highways and Traffic Representation Panel can then make recommendations to their parent committee.

However that’s just democracy for you. It seems however that Wirral Council once again are rubbing disabled people up the wrong way and who’s Wirral Council supposed to represent anyway, the people or “commercial interests”?

According to Wirral Council officers today (who aren’t going to just drop the plans because of these objections) the commercial interests of the people paying for the Traffic Regulation Order seem to (at the moment) carry more weight than the concerns of the people this will affect. Leonora did have a few things to say about the culture at Wirral Council, but I gather producing the lease & sublease (which came as a total surprise to them), shows there are existing contract obligations which as that covers most of the people using this road duplicates the purpose behind the Traffic Regulation Order.

Are they really going to go to the costs of possibly renegotiating the subleases with all market stall holders over this? Why do I ask that? Yes market traders have a specific badge on their car, but some of them will have Blue Badges and will park in the service road, which if the new Traffic Regulation Order comes into effect will mean they’d get (if a traffic warden was around) a ticket as market stall holders are limited to an hour maximum. Why can’t Wirral Council just deal with this as another other landlord/tenant issue? Words do fail me on this one really, but I could go on for a further thousand words on the thorny issue of parking and Wirral Council and still just be scratching the surface.

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Ever wondered what pages 89-101 of Wirral Council’s contract with Biffa for street cleansing states?

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5 questions answered about the Lyndale School closure plans

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Expense claim forms for Councillor Harry Smith 2013 to 2014

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Public notice for proposed changes to parking on Birkenhead Market Service Road (deadline 26th September 2014)

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A meeting with 2 Wirral Council officers about parking behind Birkenhead Market and disability issues

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