The Director of Law, HR & Asset Management advised Members of the responses to the statutory advertising of the proposed disposal of land and designated Public Open Space at the Warrens Nursery, Thingwall, to Wirral Primary Care Trust “the PCT” to facilitate the construction of a Health Centre.  The Director of Law, HR and Asset Management requested that ‘call-in’ on this matter be waived as the wasted costs likely to be incurred by the Council and the PCT preparing for the Inquiry whilst a Call-in notice was considered by Overview and Scrutiny would seriously prejudice the Council’s and the public’s interest.

The Deputy Leader of the Council referred to the previous decision by the Cabinet on this matter being called-in and investigated.  He supported the recommendation and the proposal to waive call-in on this matter.

Resolved (unanimously) – That

(1)  the objections received be noted and the proposed disposal be agreed in accordance with its decision on 16^th October 2008;

(2)  the Director of Law, HR and Asset Management be authorised to agree the premium payable, following the valuation by the District Valuer, in consultation with the Leader and Deputy Leader of the Council;

(3)  the Director of Law, HR and Asset Management be authorised to enter in to the necessary legal documentation to dispose of the land to the PCT on the terms outlined in this report; and

(4)  call-in on this matter be waived and the Council be informed accordingly.

At its meeting held on 16 October 2008, the Cabinet considered the report of the Director of Law, HR and Asset Management which sought approval, in principle, for the disposal of an area of land at the Warrens Nursery in order to facilitate the construction of a health centre, subject to planning permission being obtained.

The Cabinet (minute 213) resolved,

“That

(1)  the land at the Warrens Nursery be declared surplus to requirements and authorises its disposal, subject to planning permission being obtained and satisfactory terms being agreed;

(2)  the District Valuer be jointly commissioned by the Council and the PCT to determine the value of the premium for lease;

(3)  any provisionally agreed terms of disposal be reported to a future Cabinet; and

(4) any objections received in respect of the disposal of Public Open Space, associated with this proposal, be reported.”

Cabinet minute 213 was called in by Councillors Jeff Green, Tom Anderson, Geoffrey Watt, Lesley Rennie, and Chris Blakeley on the following grounds:

Arrowe Country Park comprises some 250 acres of open parkland and deciduous woodland. Another 150 acres is taken up by an adjacent municipal 18 hole golf course and formal areas. The park woodland contains many fine examples of Oak, Ash and Beech as well as conifers such as Scots Pine and Cedar.

Some of its more unusual trees include Redwood, Cedar of Lebanon, Maidenhair and Indian Bean tree. The woodland birds include Rooks, Magpies, Jays, Nuthatches, Tree Creepers and Great and Lesser Spotted Woodpeckers. Areas of grassland and woodland edges are now being cared for as wildflower meadows which attract butterflies such as Small Heath, Skipper and Speckled Wood at the woodland edge. The lake and brook provide a habitat for various species of birds, and those prepared to wait long enough may catch sight of a kingfisher as it darts along the brook. Ponds scattered throughout the park are breeding grounds for a variety of pond life including frogs, newts, damsel and dragonflies. Arrowe Country Park is situated in the centre of the Wirral Peninsula between the rural and urban

areas and is the gateway to Wirral’s Countryside.

Arrowe Country Park is not only highly valued for its peaceful pathways and woodland walks, it also has a toddler's play area as well as a children's adventure playground, plus many recreational facilities which include Golf, Pitch & Putt, Tennis, Bowls, Football, Angling, Orienteering and a Horse Track.

1. We therefore believe that the decision made by Cabinet on the 16 October to declare land within Arrowe Country Park ‘Surplus to Requirements’ breaks the commitments made by the Council to local residents, and the wider Wirral Communities and will impact on the integrity of 'Arrowe Country Park'.

2. We do not believe that this land can be declared surplus to requirements by the Council as it is clearly defined by the Council as being Arrowe Country Park.

3. The land is also shown on the Council’s Unitary Development Plan (UDP) as being Greenbelt land. The  ...  view the full minutes text for item 21

It was moved by Councillor Blakeley and seconded by Councillor Keeley, that –

“(1) This Committee believes that the decision made by Cabinet on 16 October, 2008, to declare the land surplus to requirements, breaks the commitments made by the Council to local residents and the wider Wirral communities and will impact on the integrity of ‘Arrowe Country Park’

(2) This Committee does not believe that this land can be declared surplus to requirements by the Council as it is clearly defined by the Council as being Arrowe Country Park.

(3) This Committee notes the land is also shown on the Council’s Unitary Development Plan as being greenbelt land. This Council has always, it appears until now, defended greenbelt land. This Committee sees no reason for this position to be changed.

(4) This Committee notes that the land in question has a community footpath linking with Arrowe Country Park woods, bordering the golf course. This Committee therefore believes if this decision to make the land surplus to requirements is endorsed then this community footpath will be lost forever.

(5) This Committee notes the gradual erosion of Arrowe Country Park with the expansion of Arrowe Park Hospital.

(6) This Committee believes that any development of this site would not only cause loss of greenbelt and green space that the public have enjoyed for many years but it would cause harm to wildlife and habitat.

(7) This Committee believes that if the Cabinet’s decision to declare this land surplus to requirements is upheld, that it sets a dangerous precedent that will pose a massive threat to all our greenbelt and open and leisure spaces.

(8) This Committee therefore requests that Wirral Primary Care Trust seek a more appropriate site.

(9) Therefore this Committee asks Cabinet to rescind its decision of the 16 October.

(10) This Committee also notes the local residents’ overwhelming support for allotments and a horticultural training centre on this site and asks Cabinet, with some urgency, to investigate the practicality of such a provision.”

It was then moved by Councillor Meaden and seconded by Councillor Crabtree that –

“This scrutiny Committee recognises the strong feelings of the witnesses to this Committee. The issue in front of the Committee is simply whether or not the Council should dispose of this land. Any decisions on planning matters are for the Planning Committee and if necessary the Planning Inspector to decide. That is the proper forum for many of the views expressed tonight. In the light of the current condition of the site and the Council’s need to dispose of it, this Committee endorses the Cabinet recommendations.”

Councillor Blakeley’s motion was put and lost (3:4)

Councillor Meaden’s motion was put and carried (4:3)

Resolved (4:3) – That this scrutiny Committee recognises the strong feelings of the witnesses to this Committee. The issue in front of the Committee is simply whether or not the Council should dispose of this land. Any decisions on planning matters are for the Planning Committee and  ...  view the full minutes text for item 30

The Director of Law, HR and Asset Management presented a report which  seek approval, in principle, for the disposal of an area of land at the Warrens Nursery in order to facilitate the construction of a health centre, subject to planning permission being obtained.

Resolved - That

(1)  the land at the Warrens Nursery be declared surplus to requirements and authorises its disposal, subject to planning permission being obtained and satisfactory terms being agreed;

(2)  the District Valuer be jointly commissioned by the Council and the PCT to determine the value of the premium for lease;

(3)  any provisionally agreed terms of disposal be reported to a future Cabinet; and

(4) any objections received in respect of the disposal of Public Open Space, associated with this proposal, be reported.