Magenta Living 'PRISON BLOCKS' at Bridge Court Tree Preservation Area, West Kirby.
Dear Wirral Metropolitan Borough Council,
What steps is Wirral Metropolitan Borough Council taking to ensure that the two blocks of flats (Block 'A' and Block 'B'), unlawfully granted planning permission [APP/13/00844, 30 August 2013] , by Wirral Metropolitan Borough Council, in breach of its own SPD2 planning policy (paragraph 5.8), at present being constructed by Magenta Living do not look like 'PRISON BLOCKS', within the Bridge Court Tree Preservation Area, West Kirby?
Dear Mr Rundle,
Wirral Council thanks you for your request, Regeneration and Planning can
confirm as follows:
The decision on App/13/00844 was made lawfully by the Council.
The plans available on the Council's planning web site show what has been
approved by the Council and this is the scheme being built by Magenta
We trust that you find this information of assistance.
Transformation and Resources
This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free to
use it for your own purposes, including any non-commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge.
Dear InfoMgr, FinDMT,
By Wirral Metropolitan Borough Council ( the Council) simply stating that the APP/13/00844 planning permission was granted lawfully does NOT mean that it was granted lawfully!
The information below explains clearly how the APP/13/00844 (30 August 2013) was granted unlawfully, as a consequence of the Council breaching its own SPD2 planning policy (paragraph 5.8).
THE BRIDGE COURT TREE PRESERVATION AREA, WEST KIRBY.
CONCERNING THE UNLAWFUL GRANT OF PLANNING PERMISSION
APP/13/00844 (30 August 2013).
WHO SHOULD HAVE UNDERSTOOD WIRRAL METROPOLITAN BOROUGH COUNCIL’s SPD2 POLICY
(paragraph 5.8) APPLYING TO SEPARATION DISTANCES?
· The Leader of Wirral Metropolitan Borough Council, (“the Council”) Councillor Phil Davies?
· The former CEO, for the Council , Graham Burgess?
· The Director of Regeneration, Housing and Planning, for the Council, Kevin Adderley?
· The Assistant Director of Regeneration, Housing and Planning, for the Council, Paul Grey?
· The CEO of Magenta Living (formerly Wirral Partnership Homes), Brian Simpson?
· The IBI Nightingale Associates architect, Tim Kilpatrick?
· The Case Officer for the Planning Application, for the Council, Matthew Rushton?
· The Principal Planning Officer, for the Council, Matthew Rushton?
· The Head of Planning, for the Council, David Ball?
· The Development Management Manager, for the Council, Matthew Davies?
· Housing Minister  Grant Shapps MP (who visited Bridge Court in 2012)?
· Wirral West MP  Esther McVey?
· Members of the Planning Committee (22 August 2013) who approved the APP/13/00844 Planning Permission:
Councillor Bernie Mooney (Chair), Councillor Denise Realey (Vice-Chair), Councillor David M Elderton, Councillor Stuart Kelly, Councillor Phillip Brightmore, Councillor Anita Lynch, Councillor Joe Walsh, Councillor Irene Williams, Councillor Eddie Boult, Councillor Paul Hayes, Councillor Simon R Mountney, Councillor Patricia Glasman (Deputy), Councillor Les Rowlands (Deputy)?
· Magenta Living Board Directors:
Councillor Stuart Whittingham, Councillor Jeff Green (a former Leader of the Council), Councillor Steve Foulkes (a former Leader of the Council, formerly Chair of the Council's Planning Committee, and currently Chair of the Regional Housing Board, a Member of Merseytravel and a Member of the City Region Cabinet and Local Enterprise Board, as well as being a Council Planning Committee member) and Councillor Bill Davies?
Did any of those named above actually read the Council’s SPD2 policy?
Did any of those named above understand the Council’s SPD2 policy?
SOMEBODY SHOULD TAKE RESPONSIBILITY FOR THE APPROVAL
OF THE UNLAWFUL DEVELOPMENT OF TWO, HUGE BLOCKS OF FLATS (BLOCK ‘A’ and ‘BLOCK ‘B’) inside the BRIDGE COURT TREE PRESERVATION AREA, WEST KIRBY.
Will any, of those named above, accept that the APP/13/00844 planning permission was UNLAWFULLY granted?
Many West Kirby residents are aware of the world famous artist, Charles Hutton Lear, and of the influence that his former garden, the Bridge Court Tree Preservation Area, had on some of his oil paintings. These residents want to see the Bridge Court Tree Preservation Area returned to its former condition, as an area of Urban Greenspace (with eleven different species of tree) for the benefit of present and future generations.
THE DESTRUCTION OF THE BRIDGE COURT TREE PRESERVATION AREA, BY MAGENTA LIVING, SHOULD BE STOPPED, IMMEDIATELY.
For more information, Google:
(i) Wirral Metropolitan Borough Council.SPD2 Policy. Go to Paragraph 5.8
(ii) What do they know.com
(iii) West Kirby.renewal
Alan Rundle. West Kirby. November 2015.
Local Development Framework for Wirral.
Adoption Statement (Regulation 19)
Supplementary Planning Document
SPD2 - Designing For Self Contained Flat Development & Conversions
Adopted 30 October 2006
Paragraph 5.8 states:
"Unless it can be demonstrated that privacy would not be unduly affected, habitable room windows directly facing each other should be at least 21 metres apart. Main habitable room windows should be at least 14 metres from any blank gable. If there are differences in land levels or where development adjoins that of different ridge height, such as three storey development adjacent to two storey property, a greater separation should be provided. For every metre difference in ridge height (or part thereof) the above distances should be increased by 2 metres."
The Council has erred in law by failing to implement planning policy SPD2 (Google:
The proposed 12.2 metre flats should be at least 33 metres from the existing 7 metre terraced houses in Bridge Road, West Kirby, not 23 metres, as proposed by the Council. The Council's own calculation of the Separation Distance between the proposed Block 'A' and the terraced housing in Bridge Road is flawed. If the Council approves buildings with habitable rooms facing the existing terraced housing in Bridge Road, at a distance of 23 metres, then the height of the proposed buildings should be 8 metres and not 12.2 metres. The SPD2 policy (paragraph 5.8) should have been followed, having regard to the National Planning Policy Framework (NPPF) and the adopted Unitary Development Plan.
The correct calculation of the Separation Distance:
21 metres + (13m-7m = 6m x2 = 12m). 21m + 12m = 33metres.
The Separation Distance calculation that the Council appears to have made:
21 metres + 2metres = 23 metres.
The existing terraced houses, in Bridge Road, have habitable rooms which are to be overlooked by habitable rooms of four storeys (12.2 metres of Block 'A'). If Block 'A' is built, as proposed, as the result of a simple, mathematical miscalculation, West Kirby residents will have to live with the huge structure of Block 'A', which clearly breaches the Council's own SPD2 policy, for decades into the future. This is not acceptable.
Dear Mr Rundle
Thank you for your request for an internal review of the Council's response to your recent enquiry.
The issues you have raised in your email relate to the granting of the planning application. This is not related to the Council's response to your enquiry, nor are you requesting recorded information.
Having reviewed the recorded information provided to you in response to your enquiry I am satisfied that it was an accurate and appropriate reply. While you may not agree with the Council's decision, that is not an issue for consideration under FOI/EIR.
Complaints regarding Council services can be made via our website at the link below:
If you are dissatisfied with the result of your internal review, you also have the right to complain to the Information Commissioner, whose address is
The Information Commissioner's Office,
Cheshire SK9 5AF
Please note that the Information Commissioner can only accept complaints regarding the Council's adherence to information legislation (i.e. FOI, EIR).
Information Management Officer
Legal & Member Services
Transformation & Resources Department
Wallasey Town Hall
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.Donate Now