Planning Committee refuse Magenta Living application for 11 houses and 2 bungalows in Upton (Kenilworth Gardens)

Planning Committee refuse Magenta Living application for 11 houses and 2 bungalows in Upton (Kenilworth Gardens)

Planning Committee refuse Magenta Living application for 11 houses and 2 bungalows in Upton (Kenilworth Gardens)


Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

The Kenilworth Gardens item starts at 8 minutes 19 seconds in the video clip above and continues to the video clips below of Wirral Council’s Planning Committee meeting of the 20th November 2014.

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Cllr Matthew Patrick explains to Wirral Council's Planning Committee why they should reject planning application APP 14 00951 in Kenilworth Gardens Upton 20th November 2014
Cllr Matthew Patrick explains to Wirral Council’s Planning Committee why they should reject planning application APP 14 00951 in Kenilworth Gardens Upton 20th November 2014

The long running saga of planning application of planning application APP/14/00951: Unused Land, KENILWORTH GARDENS, UPTON, CH49 4ND – proposal to develop the site with residential units for affordable housing use, providing 11 no. two storey 2 bedroom houses, and 2 no. 2 bedroom bungalows (including 1 fully disabled access unit) finally reached a decision at Wirral Council at the Planning Committee meeting of the 20th November 2014.

The applicant was Wirral Partnership Homes Limited (T/A Magenta Living) and the agent Ainsley Gommon Architects.

Wirral Council had received this planning application on the 18th July 2014. At the Planning Committee on the 25th September 2014 a site visit was agreed. After that took place it had been due to be decided at the Planning Committee on the 22nd October 2014. However at the Planning Committee meeting on the 22nd October 2014 it was deferred to the Planning Committee meeting on the 20th November 2014 (making it over 4 months for a decision on this planning application to be reached.

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

The Planning Committee heard from the lead petitioner Jean Robinson, Chair of the Overchurch Residents Association who spoke against the planning application being approved. She referred to heritage reasons, ecological reasons and highway reasons why she thought the planning application should be refused.

The petitioner in favour of the application did not speak.

Rob Ware of Ainsley Gommon Architects (the agent on behalf of the applicant Wirral Partnership Homes Limited T/A Magenta Living) spoke after and explained the reasons why he thought that councillors should accept the planning application. He referred during this to a 34 year old tenant of the applicant with spinal injuries that was in need of a bungalow and would benefit from such a planning application being granted. He also referred to the highway concerns.

Cllr Matthew Patrick (ward councillor for Upton ward) also addressed the Planning Committee. He referred to the petition against the planning application, the petition in favour, the protection of urban greenspace, the uses that local residents put the land which included Easter egg hunts and litter picking.

He pointed out that trees on the site were protected by tree protection orders and how he felt that the application should be rejected because of policy HS4 as in his opinion it did not meet all the criteria for new housing as it would change the character of the area as well as another criteria in HS4.

Cllr Patrick also referred to the need to reduce crime, allow emergency vehicles access and the issue of bats, in fact three different species of bat! He felt the lighting would disturb the insects that the bats feed on and referred to a letter written from Wirral Wildlife in 2007 about the bats. He referred the Planning Committee to their legal obligation with regards to species protection and went on to refer again to policy HS4.

He wondered how the proposed disabled tenant would be able to safely access the property by foot as the proposed pavement was too narrow and finished by referring to the strength of feeling from the Overchurch Residents Association as residents had contacted him by phone, email and letter about this planning application. He urged the Planning Committee to reject the application.

After much discussion over many issues to do with the planning application ranging from highway issues, disability issues, bats and wildlife, emergency vehicle access, refuse vehicle access and garages, someone asked one of Wirral Council’s solicitors for legal advice about the issue of the application needing to rely on a future decision to unadopt the highway to proceed.

The solicitor referred to the proposed condition 9 which meant approval was conditional on the access road being formally stopped up and unadopted. She referred to the other reasons (other than a development) as to why the highway might be unadopted.

After much further debate, Cllr Stuart Kelly (Lib Dem spokesperson) moved refusal. This was seconded by Cllr Denise Realey (Vice-Chair).

All thirteen councillors present on the Planning Committee voted in favour of refusal.

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

Author: John Brace

New media journalist from Birkenhead, England who writes about Wirral Council. Published and promoted by John Brace, 134 Boundary Road, Bidston, CH43 7PH. Printed by UK Webhosting Ltd t/a Tsohost, 113-114 Buckingham Avenue, Slough, Berkshire, England, SL1 4PF.

39 thoughts on “Planning Committee refuse Magenta Living application for 11 houses and 2 bungalows in Upton (Kenilworth Gardens)”

  1. G’day john

    I just read the headline and no more I presume everything around housing now revolves around “Graham Burge(r with the lot plus super duper car and 7 mistakes in 29 seconds)s’s’ new little game and his playmates?



    1. I spoke to GB today this morning in Liverpool shortly before 11am.

      One of the items on the agenda of the public meeting that we were both at of the Liverpool City Region Combined Authority was on housing (agenda item 8). We heard this report of Carol Hudson of St Helens Council on Liverpool City Region Housing. .

      However housing at Wirral Council is dealt with by different people depending on the issue for example planning applications, landlord/tenant issues, planning enforcement, council tax et cetera…

      1. Thanks John

        You seem to talk to“Graham Burge(r with the lot plus super duper car and 7 mistakes in 29 seconds)s’s’ a fair bit so I presume he is a decent guy….iisshhh.

        He must hate dealing with these revolting bullies and idiots at Wirral but I suppose they gave him a decent wage compared to me being on the dole since Wirral Funny Bizz three and a half years ago.

        Is he as despicable as the crap that still festers at Wirral?



        Ps Tactfully get yourself out of that one “Tarras”.

        1. I talked to his predecessors in the post of Chief Executive/Returning Officer too. Such as asking Steve Maddox why I had voted but my name wasn’t on the list of people that had voted. 😉

          However, in answer to your question about GB. He has an unusual style of leadership which is difficult to describe. Yes they pay him £135,341/year gross (I’m sure someone like you can work out net).

          He only came to Wirral Council as an employee in 2012, so he isn’t as steeped in its culture as some people are. However working at Wirral Council for the last 2 years has changed the person he is from when he first started.

          I wouldn’t describe him as despicable no. However yes, there are others working for Wirral Council that have worked there for many years.

          1. Well done John

            Wirral will never improve in my opinion until they can fess up to small mistakes and do as the Queen of Australia’s new bessie “The Dunny Chain Wearer” says and actually learn from lessons.

            (Heaven help for the big mistakes.)

            Admittedly he just talks crap and they continue on their merry way being too macho (not enough females) to say they have done anything wrong.

            “Graham Burge(r with the lot plus super duper car and 7 mistakes in 29 seconds)s’s’ rolled them all out, except “Phil the Dill” and “The Dunny Chain Wearer” on 8 October to a farce and they performed as he wanted, ask “Highbrow” to play his tape to you and you will hear the untruths they spruked, on your super duper camera with swivelling tripod but sadly no lie detector.

            John there are 66 of them and why do they tolerate this from fools like “The Football Shirt” and others that can “Talk for twenty minutes without breathing”. Why defend them??????

            See if he demands you take this message off my boy and just do it and I will tell the world who it was.



            Ps Amazing that only “Simon Kelly” could see from the 620+ pages that the place stinks like a dead dingo’s donga.

            1. I haven’t heard Highbrow’s tape although I can imagine what is on it.

              In answer to your question, it’s hard for politicians to persuade an employee to leave if they don’t want to. Yes they can make the post redundant, but the troublesome person can get redeployed elsewhere in the organisation.

              A lot of the councillors have “day jobs” (that is full time jobs) or part-time jobs.

              Remember a councillor (at least the backbenchers) are generally “part-time” politicians. That’s why there’s 3 of them per a ward.

              Why they (almost always) defend employees is because they work with them, they’re all part of the same organisation. In other parts of the public sector such as fire (and used to be transport) the politicians are one public body, the employees are a different public body.

              At Wirral Council the councillors and employees are all together. Sometimes the opposition councillors knows about problems but keeps things quiet because of a combination of the British culture of not rocking the boat plus party political advantage later by making political capital at your opponents’ expense when things get worse.

              Cllr Kelly as spokesperson will have had to have read the papers (twice) for the Audit & Risk Management Committee as there are no other Lib Dems on it to do his reading for him. Also he knows the history having been a councillor for a while.

              Some of the 66 have only become councillors so recently that they don’t know what really happened in the last few years (just the spin in the press and mainly their own political parties).

              I’m not defending them, just stating it how I see it.

              Describing what’s happening and going on is my job. Fixing problems at Wirral Council isn’t.

              1. Night night “Tarras”

                Missed your alter ego “Aero” tonight. Commonly known as Reprahnehpets

                More people should rock the boat and wake up “the Pretend Friend” and others.



                Ps Why don’t people in England say it as it is?

                1. “Why don’t people in England say it as it is?”

                  Because our history has taught us in our schools that people who have done that in the past get arrested and deported to Australia for telling the public the truth.

  2. G’day John

    You say above that councillors have day jobs and we all know they are super egos, have very little substance and are just yes people to their team and golf partners.

    Have a look at “Phil the Dill’s lot!!!!!

    So My Friend how do you explain the two mute highly paid professional auditors who quake at the sight of “The Dunny Chain Wearer”?

    There colleague did a find job proving that everything “Highbrow” and my self said was true, found criminality etc. and they just let the side down like a couple of lily livered parasites doing exactly what they were told.

    Naff all..



    1. Their report stated it should be referred to the Merseyside Police. So Wirral Council contacted the local plod (who they have a close working relationship with).

      The police wrote a letter back after an investigation stating that they didn’t have the evidence to take to the CPS to prosecute individuals or organisations because:

      cue drumroll

      The police didn’t have enough evidence to persuade the CPS to start a prosecution/s. Bear in mind it has to pass the code test.

      Otherwise the CPS prosecute, fail and then the CPS & police end up with egg on their face when they lose and the taxpayer forks out a huge bill for lawyers (both sides), police time, witness time, juries, judges, court staff etc.

      1. G’day “Tarras”

        Just changing the tune slightly from Waltzing Matilda to Advance Australia Fair.

        Every member of the Labor Party voted to close Lyndale?

        How do they sleep at night?



        Vile creatures.

        1. G’day James,

          That’s not true. At the last Council meeting there was a Labour councillor present that didn’t vote to close Lyndale.

          His name is Cllr Steve Foulkes. He abstained (because he’s Mayor).

          There were also other Labour councillors on Wirral Council that also didn’t vote to close Lyndale School. This is because they weren’t present at the meeting.

          Internally (behind closed doors) within the Labour Group on Wirral Council, it’s “rumoured” on the grapevine that the councillors did have an internal party political vote on whether to close Lyndale School.

          The vote was 16 councillors for and 12 against. I’m not telling you who voted which way, but I’m sure you can guess which way certain Labour councillors voted and why some are unhappy with the outcome!

          1. G’day John

            And tell me how would “The Dunny Chain Wearer” have voted if he had had too?

            I am sorry I wasn’t accurate about the number of votes (see “Football Shirt it is not hard to admit a cock up) but someone said it in the crap newspaper that the Clowncil seems to use for propaganda.

            Although mind you Stella has been spoken of as well in the press.

            Silly me.



            If he had voted the other way would his little sheep shits have followed suit?

            1. Well before he was Mayor he voted for a consultation on closure of Lyndale School.

              This vote was on whether to ask Cabinet to reconsider their decision to consult on closure. So theorectically if he wasn’t Mayor and if he was consistent with his earlier vote and the voting pattern of the Labour councillors on Wirral Council present he would’ve voted in favour of a consultation on closure, but who really knows without asking him?

  3. Good Afternoon Mr Griffiths,
    In relation to your last set of Remarks, not everybody is as strong as you and some people get frightened and are persuaded through that fear to do as their told, others could not give a Monkey’s, beside as Mr Brace has already explained about the “Transportation Matter” Thank goodness all that ended (No Disrespect meant about Australia).
    Let me give you a little reality check, “Take it or we will do you” Using the Courts to their own advantage, Driving at you in Fast Car’s”
    Encircling you to Frighten You. Constant Stalking and Harassment. Watching you all the time. Offers of Money, Telling you that you have had money and other Frightener’s, Threats and Abuse, such as you old B you need a Slap.
    So please do not be so critical of others, as previously stated not everyone maybe as strong as you and Mr Hobro

    1. Well I can confirm I was offered money by a UK bank not to carry on with a matter.

      Had plenty of threats, false allegations and the same made against my family.

      This is the UK after all so I fully expect all this!! 🙂

      1. The last comment by me was a little reality check, as already mentioned in a previous matter, I have indeed had what you have had also and I also expected it. However it is No Good, if the Police or Investigation Agencies have not got the Evidence it is a waste of time the CPS Prosecuting, for the Reasons you have mentioned.

        1. Sometimes civil prosecutions are all that can be achieved due to the lower burden of proof (balance of probabilities vs beyond reasonable doubt).

  4. G’day John aka Reprahnehpets

    “Highbrow” might be tough mate but I certainly am not.

    There is an article in the Guardian today and in relation to my last comment here is a brief snippet;

    When HBOS paid its auditors KPMG $1.2m to investigate Moore’s claims, its report questioned not just his views, but his professionalism, integrity and stability. Already sacked by Crosby and shunned by former colleagues, Moore says he read the report and wept. “The auditors and accountants are at the rotten heart of everything,” he says. “You know, I got to the point where I actually thought they were right and I was wrong. I came to think I must be a terrible person.”

    Worth a read.


    You know who the terrible persons are don’t you “Tarras”?

    1. Yes I read the article in the Guardian on whistleblowing too (after you mentioned it).

      Article refers to whistleblowers that have a “public hearing” and those that don’t. Certainly someone independent, whether a judge in a court or even an employment tribunal finds more often in favour of the whistleblower (or whistleblowers) compared to a committee of people with some connection to the organisation criticised.

      There are changes in the works (legislation wise) to set up an independently chaired committee at Wirral Council (with a majority of independent members) that picks the auditor. This can be what is now called the Audit and Risk Management Committee or a totally new committee. However nothing will happen before Christmas 2014.

      As to Wirral Council’s auditors, the Audit Commission followed by Grant Thornton, perhaps I should put some invoices up here so people know how much Grant Thornton make out of the taxpayer. The problem with the independence of auditors is that now councils pick who their auditors are, what auditor would want to rock the boat and put at risk their contract being renewed?

  5. Thanks John

    What it boils down to as far as I am concerned mate is that the people of Wirral cannot pay £100.000.00 plus in wages for public servants to be liars and too up there own ego’s to admit they have mucked up.

    Read Grant Thornton again…. and these muppets mucked up to a bunch of half wits down Campelltown Road.

    I would have resigned personally if the wool was pulled over my eyes by these complete and total galahs.

    Do you want to know who the three senior people are who have lied in front of me?



    Ps They won’t get the job.

    1. It was people that picked the politicians, the politicians chose the senior management at Wirral Council.

      Apart from the Chief Executive, they all have line managers. Being deliberately dishonest would be grounds for disciplinary proceedings.

      However the failures that occurred at Wirral Council associated with BIG/ISUS were organisational failings both at Wirral Council and third parties.

      Had only one person been dishonest or made an error of judgement then the other people would’ve provided a check and balance. However it is multiple people involved with Wirral Council, multiple people involved with contractors for Wirral Council as well as others that you (and others) allege were either dishonest and/or involved in a criminal conspiracy.

      My question to you is this though. Can you prove that someone deliberately lied (and by deliberate I don’t mean repeated what they were told) whether lying to you and/or others and what would be their motive for doing so?

  6. I mean both strong in Mind or Body, I think there is indeed something we can agree on, that ” The game ain’t over til the Voluptuous Lady Sings ” !!!!!!!!!!!

  7. G’day

    You tell me what their motives are John.

    Absolutely unbelievable that these people think that if they say it it is true.

    They need to have a good look at themselves and think about their morals ethics and their poor families.

    They would be the first up their kids schools……….



    1. Their motives are simple:

      making someone else the fall guy,
      self preservation and
      destroying any incriminating evidence that could damn them.

      Simple eh?

    1. You can ask people to resign.

      Even if they want to leave, they’ll often say no, on the basis of if they go they’ll be made a scapegoat and they’ll see resigning (to everybody else) as an admission that they did something wrong.

      You can offer people (above a certain age) early retirement.

      You can ask Human Resources (and or their line manager) to do an investigation. That will inevitably be compromised at some point though by someone doing something wrong, or the trade unions will start intervening.

      Someone will remind them that they have a “duty of care” as an employer and therefore have to be fair and balanced to senior management (or risk a large payout that may or may not have to be sanctioned by politicians or senior management).

      However HR being so busy with all the hundreds of redundancies and other issues they don’t really have the time for long complex investigations as one wrong move and you’re having to make a large payout to the employee involved.

      So the investigation gets outsourced to a third party, first ensuring the third party signs a contract to keep their mouth shut and do what they’re told.

      It will be pointed out that it costs Wirral Council an entire full-time staff’s yearly salary to just recruit 1 person to the senior management level, £15k to Penna, £thousands in public meetings (as the politicians have to decide), £thousands in job adverts, interviews, shortlisting, longlisting, websites etc.

      However on the plus side officers will recommend the interviews, shortlisting and longlisting is all done at public meetings, but after the press and public have been excluded.

      Politicians will of course agree to this without fully considering the public interest in having press and public oversight of who ends up as senior management and how the hiring process can be manipulated by Penna, the LGA and anybody else with an interest in a behind closed doors meeting.

      In the end you’re looking at, well we don’t have the budget from taxes for the above. There isn’t the political will to sanction borrowing money to pay them to leave as that would seem like a coverup.

      Also if we pay them to leave, they might tell the press or others what really happened. At least if they stay we can “control” them.

      So a pragmatic decision is made to let them stay as it’s too complex and expensive to let anyone go in the public sector unless you’re a whistleblower in which case they’ll get paid to keep their mouth shut, made redundant, or constructively dismissed.

      In which case if they’re a whistleblower they’d have the press office just label them as mad in the hope that the press will move on to a different story.

      Welcome to the real world Mr. Griffiths and how your taxes are spent…

  8. The problem with that is that people leave little traces of Evidence behind them and in order to make sure that the Evidence left behind is covered, they have to make up further Documents or have to erase documents to cover up and the people that do it, always bank on, that after advice the person receiving these False Documents will destroy them, they even go to the extent of making it look as though you are crazy and you cannot cope with your own life let alone Whistle Down the Wind. But unfortunately for the people concerned not everybody follows the set pattern or the Master Plan, do they?

    1. G’day Reprahnehpets

      The evidence is there my man that is why “Graham Burge(r with the lot plus super duper car and 7 mistakes in 29 seconds)s’s’ is talking out of “The Dunny Chain Wearers” backside when he says there is no conspiracy. Let him show “Beverleys” report that I believe is redacted in the farce of 8 October.



  9. G’day John

    Just back from mass and you say;

    In which case if they’re a whistle blower they’d have the press office just label them as mad in the hope that the press will move on to a different story.

    I am not mad I am effing furious.

    So on we go……



    Ps For as long as they are in post

    1. I was referring to what Wirral Council did to try and dissuade the press from reporting on Mr. Morton (a former employee of theirs). They then lied to the LGA about the circumstances about Mr. Mortons departure from the employment of Wirral Council.

      Thankfully I have less to do with Wirral Council’s press office than some people working on newspapers do. Nor do we directly have advertising from them. However I could probably make far more money if I switched to PR as for every one of me there are four people employed in PR to counter the likes of me.

      I’ve blown the whistle in the past so I know how angry I was then. Believe me I know! This is how it works in this country (just so you know).

      Blow the whistle on the police, you will get arrested.

      Blow the whistle on a politician your family will get shot at.

      Blow the whistle on a local Council over a conspiracy of silence and do your job, your family will get beaten up (and even with a witness the police will have orders from above to drop the investigation and bring no charges because the police are always on the side of the political parties & those associated with them wanting to use violence for political ends).

      So bearing in mind the above, do you think I am living in a country where it is safe for the press to actually operate???? There’s blatant racism in this country and as both you and I are from ethnic minorities it’s a further factor that doesn’t make the country I was born in somewhere I actually feel safe!!

      I’ll be blunt with you, I could leave this country and live somewhere else, but I don’t. I don’t believe in bowing to threats of violence. However ultimately these past experiences colour how far I’m willing to go on a story (and that sort of self censorship is sad because it means stuff goes unreported such as BIG/ISUS).

    2. Talking of mass. Have you noticed this year they don’t have prayers before Council meetings?

      When (in previous months) you had a priest or vicar telling councillors they were to make wise decisions in the best interest of the Wirral people it was hard for some people in the room to keep a straight face!

      1. G’day John

        Did I tell you I wrote to the Archbishop about this lot and to pray for them.

        Tranmere will get relegated as well.

        It is all down hill.



        His name is Davies!!!!!!!!!!!

        1. No you didn’t tell me until now.

          Only thing I know about Tranmere recently is Wirral Council granted them planning permission to move their training ground.

          So the archbishop is called Davies???

  10. Lets see if I am beaten up then or Arrested because I am P….. … and they already know who I am and what I am about, it will not be the people already mentioned, because they have not got the Bottle or the Class and they know I do not now give a S…

    1. Oh the police are never interested in the truth. They have targets to meet on how many they arrest, so it makes sense for them to arrest a few innocent people and deal with the consequences later.

      After all police officers believe lies and hate the truth. It’s better for the police to go round arresting the truthful people to teach them a lesson that they shouldn’t be so honest in the future!!!

  11. One thing with this on the Original Subject, they maybe becoming MACA and NERC Friendly, Cos they will not be there when you cross the Road or the Bats

Comments are closed.