Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?

Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?

Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?

                                                            

Planning Committee (Wirral Council) site visit Saughall Massie fire station 18th July 2017 photo 1 of 40
Planning Committee (Wirral Council) site visit Saughall Massie fire station 18th July 2017 This photo shows properties with windows facing the proposed fire station

Today I read Land Registry title number MS503610 which covers various properties and includes thirteen of the properties owned by Wirral Partnership Homes Limited (who trade as Magenta Living) that are adjacent to the proposed fire station in Saughall Massie.

One of the entries in title MS503610 states the following:

“5. The right to the unimpeded access and enjoyment of light and air to all windows in the buildings now on the Retained Land from or over such part of the Property provided that nothing expressed or implied in this Transfer shall prevent the Transferee from developing the Property.”

This is about the landlord’s right to light.

and

“By Transfers of adjacent or neighbouring land pursuant to Chapter 1 of Part 1 of the Housing Act 1980 or Part V of the Housing Act 1985, the land in this title has the benefit of and is subject to the easements and other rights prescribed by paragraph 2 of Schedule 2 to the Housing Act 1980 or paragraph 2 of Schedule 6 to the Housing Act 1985.”
Continue reading “Will two overlooked covenants for “enjoyment of light” prevent a fire station at Saughall Massie from happening?”

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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Why did residents endure 11 years of antisocial behaviour from the neighbour from "hell" before Wirral Council took legal action to try to have a tenant evicted?

Why did residents endure 11 years of antisocial behaviour from the neighbour from “hell” before Wirral Council took legal action to try to have a tenant evicted?

Why did residents endure 11 years of antisocial behaviour from the neighbour from “hell” before Wirral Council took legal action to try to have a tenant evicted?

                                                                

Earlier this year I blogged about a bunch of invoices for legal work paid by Wirral Council during the 2013/14 financial year.

3 pages of those invoices were for the professional fees of Mr Paul Burns of Exchange Chambers instructed by a solicitor working at Wirral Council called Ali Bayatti.

The case involved a landlord as the Claimant (Leasowe Community Homes) and a person called Danielle New as the defendant. Those details were blacked out on the pages of invoices supplied by Wirral Council, even though s.15 of the Audit Commission Act 1998 c.18 doesn’t allow Wirral Council to black out such details.

The Claimant (Leasowe Community Homes Ltd) had rented 81 Grant Road, Leasowe, Wirral, CH62 2RU to the tenant Danielle New for £88.44/week (which was paid by housing benefit) from the 29th April 2002.

Wirral Council were acting as the solicitors for Leasowe Community Homes Ltd. Wirral Council’s Ali Bayatti then instructed Mr Paul Burns of Exchange Chambers to deal with some of the matters in the case.

The case basically had two elements. One part was to ask the court’s for a possession order to evict Danielle New, the other part was in relation to anti-social behaviour.

There are a dozen court orders in this matter (and references to some more that I don’t have). However this case starts on the 12th August 2013 when a “Claim form for possession of property” (N5) was filed with the Birkenhead County Court (see below).

Leasowe Community Homes v Danielle New Claim form for possession of property Page 1 of 2
Leasowe Community Homes v Danielle New Claim form for possession of property Page 1 of 2
Leasowe Community Homes v Danielle  New Claim form for possession of property Page 2 of 2
Leasowe Community Homes v Danielle New Claim form for possession of property Page 2 of 2

With the N5 Claim form was also attached the 4 page “Particulars of claim for possession (rented residential premises)” (form N119 see below).

Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 1 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 1 of 4
Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 2 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 2 of 4
Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 3 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 3 of 4
Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 4 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 4 of 4

Also attached was ten pages titled “Additional Particulars of Claim” (see below). These pages detail the reasons behind the case and make for interesting reading (although for the sensitive readers I will point out they contain bad language and accusations of racism)!

Leasowe Community Homes v Danielle New New Additional Particulars of Claim Page 1 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 1 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 2 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 2 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 3 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 3 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 4 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 4 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 5 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 5 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 6 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 6 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 7 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 7 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 8 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 8 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 9 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 9 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 10 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 10 of 10

Danielle New contested the allegations and there are many court orders from both Birkenhead County Court and Liverpool County Court in this matter (see below). The matter didn’t go to trial. Reference is made on one of the court orders to “a detailed assessment of the defendant’s publicly funded costs”, so presumably the defendant’s legal costs were paid for through legal aid. Court orders below are in reverse chronological order.

Leasowe Community Homes v Danielle New court order 20th January 2014 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 20th January 2014 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 16th January 2014 District Judge Baker (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 16th January 2014 District Judge Baker (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 13th January 2014 Distict Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 13th January 2014 Distict Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 3rd January 2014 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 3rd January 2014 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 23rd December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 23rd December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 12th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 12th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 11th December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 11th December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 5th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 5th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 14th November 2013 Deputy District Judge Green (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 14th November 2013 Deputy District Judge Green (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 7th November 2013 Deputy District Judge Murphy (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 7th November 2013 Deputy District Judge Murphy (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 1st November 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 1st November 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 17th October 2013 Deputy District Judge Isles (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 17th October 2013 Deputy District Judge Isles (Birkenhead County Court)

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