Did Hoylake Golf Resort developer offer Wirral Council £300,000 if its planning application is approved?
Did Hoylake Golf Resort developer offer Wirral Council £300,000 if its planning application is approved?
Councillor Mike Sullivan (right) (Chair, Business Overview and Scrutiny Committee) 7th December 2016
Although this call in meeting about the Hoylake Golf Resort was last year, as Wirral Council have recently received the Funding Strategy from the developer (Nicklaus Joint Venture Group Limited), a decision by Wirral Council’s Cabinet on the next stage is expected in the couple of months.
Good afternoon and I welcome the members of the public. It’s spot on four o’clock. Errm, as everybody’s aware we’re here this afternoon for a call-in errm to discuss the merits and the demerits of Hoylake Golf Resort and I’d like to start the proceedings by calling errm Councillor Blakeley please. You’ve got five minutes Chris.
The vast majority of the development agreement for the Hoylake Golf Resort (although there is still disputed information which will be resolved by a First-tier Tribunal (Information Rights) case) was released by Wirral Council yesterday and published on the whatdotheyknow.com website.
The proposed road referred to in the draft Strategic Regeneration Framework referred to in the development agreement as Hoylake Bypass is defined as a “7.5 metre, two-way undivided main carriageway with a 1 metre wide service/buffer strip and a shared 2.5 metre wide gateway/cycleway (providing for a 11 metre minimum total highway width) which is to be constructed on the Site pursuant to the Highways Agreement the approximate route of which is shown marked in pink on plan 6 or along such other route as the Developer and the Council may agree (acting reasonably)”.
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Below are Wirral Council’s grounds of appeal. On the first page it lists Wirral Metropolitan Borough Council as the Claimant, when they are in fact the Appellant.
ICO require Wirral Council to release 94 page draft agreement with Nicklaus Joint Venture Group Limited about Hoylake Golf Resort
ICO require Wirral Council to release 94 page draft agreement with Nicklaus Joint Venture Group Limited about Hoylake Golf Resort
ICO (Information Commissioner’s Office) logo
Updated 27.2.18 with an amendment to paragraph 3 of the decision notice following First-tier Tribunal (information rights) case EA/2017/0191.
Edited 10.8.17 by JB to include text of decision notice below images of pages
ICO have required Wirral Council to disclose 94 pages of a draft development agreement between itself and the Nicklaus Joint Venture Group Limited in respect of the proposed golf course, hotel and residential property in Hoylake. This project is known as the Hoylake Golf Resort and the proposed development involves the sale of and leasing of Wirral Council owned land to the developer.
Wirral Council have 35 calendar days (from the 7th August 2017) to provide the information or alternatively they can appeal ICO’s decision to the First-tier Tribunal (Information Rights) within 28 days.
ICO ruled that a further 29 pages of legal advice that Wirral Council received from Pinsent Masons about the Hoylake Golf Resort project did not need to be disclosed.
You can read the full 14 page decision notice (FER0672223) below.
FER0672223 Hoylake Golf Resort (Wirral Council) Page 1 of 14
Reference: FER0672223
Environmental Information Regulations 2004 (EIR)
Decision notice
Date:
7 August 2017
Public Authority:
Wirral Metropolitan Borough Council
Address:
Town Hall
Brighton Street
Wallasey
Merseyside
CH44 8ED
Complainant:
John Brace
Address:
Jenmaleo
Jenmaleo
134 Boundary Road
Bidston
CH43 7PH
Decision (including any steps ordered)
The complainant has requested information relating to the Hoylake Golf Resort Project. Wirral Metropolitan Borough Council withheld the information under the exceptions for the course of justice (regulation 12(5)(b)) and commercial confidentiality (regulation 12(5)(e)).
The Commissioner’s decision is that Wirral Metropolitan Borough Council has correctly applied regulation 12(5)(b) to withhold some of the requested information but failed to demonstrate that regulation 12(5)(e) is engaged.
The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
● Disclose pages 43-146 of the Private Document Pack.
The Tribunal requires Wirral Metropolitan Council to take the following steps to ensure compliance with the legislation –
Disclose the Amended Annotated Development Agreement at pages 256 – 351 of the Closed Bundle prepared for the appeal hearing, save the passages annotated in green and any marginal green notes, which may be withheld. The Commissioner’s order at paragraph 2 of the Decision Notice stands.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.