What was the reason for Cabinet’s decision to U-turn on Fort Perch Rock car park charges?

What was the reason for Cabinet’s decision to U-turn on Fort Perch Rock car park charges?

What was the reason for Cabinet’s decision to U-turn on Fort Perch Rock car park charges?

                                            

Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015

To very little fanfare, last Friday Wirral Council’s Cabinet Member for Governance, Commissioning and Improvement (and Deputy Leader of the Council) Cllr Ann McLachlan made a delegated decision to abandon plans to charge for car parking at Fort Perch Rock car park in New Brighton.

The decision states “That the Leader of the Council” and is not signed by Cllr Phil Davies, one can only presume that when Wirral Council put in a press release Council Leader Phil Davies has announced he has blocked proposals to charge for parking in New Brighton, what was actually meant was Cllr Phil Davies asked for a report blocking proposals to charge to parking in New Brighton, but when it was decided he was unavailable so left instructions for his deputy to decide to block the proposals.

However that minor quibble aside, what does this decision mean? Firstly the current traffic regulation order consultation process is “discontinued”. This means the Highways and Traffic Representation Panel will now not meet in September to make a recommendation on it.

The decision also states “that the approved proposal to introduce car parking charges at Fort Perch Rock, New Brighton not be implemented”.

Interestingly the decision also states in the reasons for the decision (paragraph 2.5 refers to the report that accompanies the decision) “As described at paragraph 2.5 above, factors which were not known by Cabinet at the time of the approval of the budget proposal have become known during the Traffic Regulation Order consultation process.”

The report that accompanies the decision goes into more detail.

“2.3 As part of the 2015/16 Budget Proposal, Cabinet and Council also agreed to review car parking charges across the Borough to help support business needs.

2.4 In order to implement the parking charge at Fort Perch Rock, the Council has been undertaking consultation as part of the required Traffic Regulation Order (TRO) process. Whilst it is not considered that there are any objections or other representations received which would prevent the TRO proposal being implemented, there are objections relating to traffic regulation which would require consideration of the outcomes of the consultation regarding the TRO by the Highways and Transportation Representations Panel.

2.5 However, it has recently come to light that the legal agreement which was signed between the Council and Neptune Development as part of the Marine Point Development included a clause which stated that should the Council introduce on street car parking charges in New Brighton and/or charges for the Fort Perch Rock Car Park, then the other car parks which formed part of the Marine Point Development could also not unreasonably be prevented from introducing car parking charges.

2.6 The wider introduction of car parking charges to New Brighton could potentially have an impact on visitors and businesses in the area. Given the outcome and budget decision regarding reducing car parking charges throughout Wirral in order to support businesses, this could potentially have a conflicting impact.

2.7 It is therefore proposed that the work to undertake a TRO be halted and that the proposal to introduce car parking charges at Fort Perch Rock, New Brighton, not be implemented.”

The legal agreement referred to above means the lease. Maybe it’s only recently come to light to the author of the report, but I published the three pages of the lease on December 22nd 2014 so it’s hardly recently come to light has it? However as Wirral Council is the landlord for this lease isn’t this a prime example of “the left hand doesn’t know what the right hand is doing” or to put it another way silo working.

So how are the books now going to balance? Well the report states that for this year “income for off-street parking is forecast to be greater than budgeted.” and “The overall budget saving of £35,000 will be included in the planned budget for 2016/17, from further efficiencies which will be identified during the current year.”

The decision to not charge at the Fort Perch Rock car park will take effect from the 8th August 2015 (assuming that the decision isn’t called in which is highly unlikely).

UPDATED 18:56 3/8/15 As the TRO process has been discontinued, I’ve made this FOI request to Wirral Council for the number of objections and what was in them.

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U-turn on Fort Perch Rock car parking charges and 2 other updates

U-turn on Fort Perch Rock car parking charges and 2 other updates

U-turn on Fort Perch Rock car parking charges and 2 other updates

                                          

Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 1 of 3

There have been developments recently with a number of stories I’ve written about on this blog so I thought I would give an update for each story.

New Brighton Fort Perch Rock car parking charges

A week ago I wrote a story headlined Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Personally I thought nothing further would happen on this story until the September meeting of Wirral Council’s Highways and Traffic Representation Panel. However, since writing that story Wirral Council have issued a press release that’s titled either “Resort parking plans quashed” (when it’s linked to from their homepage) or “Wirral Council leader says no to plans to charge for parking in New Brighton” from the press release.

There is a very interesting quote in the press release from Councillor Phil Davies that states “Cllr Pat Hackett, our Cabinet Member for the Economy, has been meeting with traders and business leaders in New Brighton to discuss the proposals, and they made a powerful case for not proceeding. When we looked at the plan and the possible impact on parking and tourism across the whole of the resort, I made the decision to stop the proposal”.

On the 22nd December 2014, I wrote on this blog When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces? (later updating it this year by including the public notice). I published the three pages of Wirral Council’s lease for the Marine Point development at New Brighton that detailed if Wirral Council introduced car parking charges at Fort Perch Rock car park, charges could be introduced at the supermarket car park and the “health and fitness” car park (originally Bubbles was going to be a gym but they couldn’t find a company that wanted to run it as a gym). This was plenty of time before the 2015/16 budget for Wirral Council was agreed on the 24th February 2015 for councillors to change their mind.

An article by Liam Murphy in the Liverpool Echo states “But Promenade Estates, who manage part of the successfully regenerated resort, say if the charges are imposed they would have little choice but to follow suit. This would mean parking charges on the car parks serving Morrisons, The Light Cinema, Bubbles play centre and other businesses.”

So it wasn’t just a “possible impact” but a “probable impact”. On the 9th December 2014, Councillor Phil Davies proposed and voted for this resolution at a Cabinet meeting, that was seconded and agreed by all councillors including Cllr Pat Hackett:

“We also feel that it is appropriate to introduce a modest charge for parking at Fort Perch Rock in New Brighton up to 6 p.m.”

“67.We also feel it is appropriate that a modest charge for parking up to 6 pm. at Fort Perch Rock in New Brighton should be introduced.”

So Councillor Phil Davies U-turned on his own policy! However it begs the following question, if the reason for stopping the proposal is the impact on parking across the resort (as stated in the quote from Cllr Phil Davies), then why wasn’t he told about the impact on parking elsewhere in Marine Point by his own officers before Cabinet made the decision? As you can see below from the first page of the lease that has the clauses about parking, Wirral Council is the landlord for the Marine Point development.

New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd cover page
New Brighton Marine Point lease Wirral Council Neptune Wirral Ltd cover page

I’ll also draw readers attention to a leaflet from April 2015 from Tony Pritchard (the Conservative candidate for New Brighton ward and former councillor opposing parking charges at Fort Perch Rock car park.

The mysteriously missing Employment Tribunal judgement

I wrote previously about my failed attempts to get a copy of an Employment Tribunal judgement in a case involving Wirral Council. I have since been told by a clerk to the Employment Tribunal that the case hasn’t concluded and that there will be a final hearing listed for November 2015. After the final hearing I can request a copy of the judgement.

Merseyside Recycling and Waste Authority and DHA Communications

An earlier story headlined Why did Merseyside Recycling and Waste Authority pay a PR agency £650 + VAT a day? which involved Merseyside Recycling and Waste Authority paying a £1,625 monthly retainer has led to a statement from Merseyside Recycling and Waste Authority which I will quote here:

“I confirm that the Authority no longer retains DHA Communications and the use of their services ceased as of March 31st 2015. The Authority recognises that some parts of its relationship with DHA Communications was not fully formalised in some time periods. The Authority has reviewed its practices in relation to this type of contract and has now put in additional measures and monitoring in place to ensure that an accurate audit trail is retained.”

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UPDATED: When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces?

UPDATED: When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces?

UPDATED: When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces?

                                                                                                      

UPDATED 29/6/2015: The public notice advertising the changes to introduce charges to the Fort Perch Rock Car Park is included below.

Fort Perch Rock car park public notice
Fort Perch Rock car park public notice

UPDATED 23/12/2014: The Cabinet Member Cllr Stuart Whittingham has decided on a resident’s parking scheme for the roads to the rear of the Floral Pavilion in New Brighton.

I’ll start this piece by declaring an interest. My wife is in receipt of a Blue Badge.

The pages below are from the lease between Wirral Borough Council & Neptune Wirral Limited & Neptune Developments Limited & Neptune Projects Limited dated 20th June 2011.

Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 1 of 2
Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 1 of 2

NEW BRIGHTON PHASE II – DRAFT CAR PARKING MANAGEMENT PLAN

CAR PARKING ZONES

Car parking within the New Brighton Phase 2 development will be divided into the following 4 zones.

The Hotel Zone – comprising approximately [60] spaces.

The Supermarket Controlled Zone – comprising approximately [423] spaces.

The Health and Fitness Club Controlled Zone – comprising approximately [100] spaces.

The Uncontrolled Zone – comprising approximately [151] spaces.

CAR PARKING ZONE DEMISES

The Supermarket Controlled Zone and the Uncontrolled Zone will be demised to the supermarket operator.

The Health and Fitness Controlled Zone will be demised to the Health and Fitness Club Operator.

The Hotel Zone will be demised to the Hotel operator.

CAR PARK OPENING HOURS

The intention is that the car park will be open 24 hours a day. However good estate management practice may mean that it could become necessary to physically close the Supermarket Controlled and Uncontrolled Zones. On Mondays to Saturdays the car park zones may only be closed 15 minutes after the last commercial use within the development closes for business and shall re-open 30 minutes before the Supermarket opens for trade. On Sundays and Bank Holidays the car park shall remain open from 8:00 a.m. to 11:00 p.m. as a minimum.

With regard to the Health and Fitness Controlled Zone, on Mondays to Saturdays the car park may only be closed 15 minutes after the facility closes for business and shall be re-opened 30 minutes before the facility opens for use by members of the public. On Sundays and Bank Holidays, the car park shall remain open from 9:00 a.m. to 9:00 p.m. as a minimum.

Opening hours of the Hotel Zone shall be at the absolute discretion of the Hotel Operator.

In the event of a flood warning the operators of all Zones will be entitled to close the Car Park.

LIMITATION ON FREE PARKING

Within the Supermarket and Health & Fitness Controlled Zones, free parking will be limited to 3 hours between the hours of 10:00 a.m. and 6:00 p.m. It should be noted that disabled parking spaces will not be subject to this limitation.

Users of the Floral Pavilion Conference Facility will not be subject to the time restriction when using the Supermarket Controlled Zone. The mechanism by which such users are

g:cvm6711182new brighton phase II drafal car parking management plan.doc

Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 2 of 2
Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 2 of 2

identified will need to be agreed by the supermarket operator acting reasonably but it likely to involve the issuing of passes for display within the vehicles. The mechanism will be administered by the operator of the Floral Pavilion Conference Facility. It should be noted that the exemption on time limit will not apply to users of the Theatre.

Enforcement of the time limit will be by means of foot patrol or number plate recognition systems. The uses of clamping will not be permissible. Details of the enforcement method to be adopted shall be submitted to the Council for approval such approval not to be unreasonably withheld or delayed.

AMENDMENTS TO THE CAR PARKING STRATEGY

The Supermarket and Health & Fitness Club operators may submit proposals for amending or refining the Car Parking Management Plan from time to time. WBC will give such proposals appropriate consideration and will, at its absolute discretion, determined their acceptability and notify the operator(s) accordingly.

However, if the Council introduced on street car parking charges and/or charges for the Fort Perch Rock car park, then the Supermarket and Health & Fitness Club operators will be permitted to amend the Car Parking Management Plan relating to the introduction of charges and/or revisions to reduction in the 3 hour free parking time provided to introduce similar changes to those introduced by the Council. The proposed revisions shall be submitted to the Council for approval, such approval not to be unreasonably withheld or delayed.

g:cvm6711182new brighton phase II drafal car parking management plan.doc


So in other words, when Wirral Council start charging for parking in the Fort Perch Rock car park (which has already been agreed), it could mean an end to the 3 hours free car parking in the 423 space Supermarket Controlled Zone Car Park & 100 space Health and Fitness Club Controlled Zone car park. It could also lead to charges for these car parks as high as what Wirral Council is charging for Fort Perch Rock.

Of course when the Future Council Budget consultation was happening earlier this year, I don’t think this was spelt out to the public in the option, but let’s face it would Wirral Council go to the bother of checking what’s in one of its own leases before issuing it as a budget option? After all the budget options were issued in the name of the Chief Executive and it’s not him, but the Assistant Chief Executive that has responsibility for land/leasing matters.

Here’s what the option stated:

=======================================================================================================

FUTURE COUNCIL

Chief Executive’s Budget Proposal

Option: Car Parking – Fort Perch Rock

2015/16 2016/17 TOTAL
£000s £000s £000s
25 10 35

SUMMARY OF OPTION

This option would introduce pay and display parking charges into the Fort Perch Rock car park at New Brighton, where there are presently no charges. The option will generate income from a well utilised car park and requires some investment in providing cash payment ticket machines. There are currently traffic problems developing around the successful New Brighton redevelopment, which it is thought would be eased through this approach. Prior to implementing this option the Council would work closely with local businesses and traders.

Charging would allow the council to continue to offer public car parks into the future in a fair and sustainable manner, particularly given the financial strains on other areas.

IMPACT ON RESIDENTS

May lead to displaced parking into adjacent areas, and may have an adverse impact on visitor numbers and the local economy.

Disabled badge holders do not need to pay for parking as long as they display a valid disabled badge.

IMPACT ON PARTNERS

Prior to implementing this option the Council would work closely with local businesses and traders. Policy already exists for permits to be provided to traders for their employees, and these remove the inconvenience of using pay and display machines each day, and are provided at a small discount. Lead officers for regeneration programmes can brief business partners to this effect prior to the public consultation on budget options.

IMPACT ON COMMUNITY, VOLUNTARY AND FAITH SECTOR

No direct implications.

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Interestingly the proposed changes to charge for the Fort Perch Rock car park were opposed during the consultation at one of the overview and scrutiny committees by one of Labour’s councillors for New Brighton Cllr Rob Gregson.

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