Cllr Ian Lewis continued by saying the was aware of the needs to renovate play areas, but this was an exceptional circumstance. It had not happened over the last seventeen years. 4.3 of the report dealt with the construction at a location to be agreed. An area on the map was marked but the boundary was not correct. It had not taken into account drives such as two nearby residential private drives and access roads. The developer had been required to plant replacement trees. 4.6 dealt with the tree planting, which had not yet been complied with on both sites, only on the play area. 4.7 stated there was no agreement with residents and there had been no formal consultation. The record was clear. Page 48 section 4.9 stated there was no s.106 agreement for a green space.

There were nearby play areas such as Farmworth Avenue. However some residents wanted it removed as it had become an eyesore. The residents didn’t want one imposed. There had been a new play area at Reeds Lane last year costing £75,000 for Leasowe. At the point planning permission was granted there was only a play area with two swings. He asked the Planning Committee to agree to recommendation a). The £56,000 couldn’t be spent on anything else, the developer was adamant he wanted the money back but would work with residents about planting.

Cllr Ian Lewis was surprised over option B, but he expected the land would be adopted by Wirral Council. It was basically a grassy area. There had been negotiations to get the trees and paths reinstated.

The officer introduced the nine-page report of Kevin Adderley about the play area and the section 106 agreement along with the two page appendix (which covered location maps). The play area had not been done, but the money had been paid. There was an issue of precedent. If they chose option B the money would go back to the developer. It was in a flood zone (3A) which meant there was a high risk of flooding so it was unlikely to be used for another other use. A committee decision was sought as to which option would be pursued about the play area.

Cllr Elderton said he wanted to be clear about the facts. He stated the petitioners were not here. A ward councillor (Cllr Ian Lewis) addressed the committee. He said he had worked on the problem since 2008. It had been 17 years since planning permission had been granted. The residents had been consulted and there had been about two hundred emails on the subject. Residents were opposed as they thought a play area would devalue their properties. There had been three public meetings. There had also been nine leaflets through resident’s doors.

People who have moved in since were not aware of the play area on a property search for the request for a play area. The Council didn’t own the land. 26 households had signed a petition against. Going through the report, specifically page 46 section 4.2. There had been a failure between the Council and the developer. It was an unusual position to be in.