WATCH: Councillor Vida Wilson reiterates why Pasture Marsh should NOT be flogged off and built on.
BREAKING: We've now had the response from the Director of Law, to the request to 'reconsider' the sale:
Dear Members
Thank you for the emails I have received to date regarding the land at Ditton Lane. I have circulated this response to all who have communicated with me regarding the recent ODN concerning Ditton Lane and all members of P&R. I to set out the following in response:
- Decisions to Date
- Factual Context
- Constitutional Position
- Next Steps
I trust you will find this approach helpful.
- Decisions to Date
- On July 2023 Policy and Resources Committee resolved to declare the Ditton Lane site (among other sites) as surplus to requirements.
- The Director of Regeneration and Place was authorised in consultation with the Director of Law and Governance to consider and determine any responses or objections to its sale (which in the instance is open space) and progress and conclude its sale of on the best terms reasonably possible.
- On 7 January 2026 the Assistant Director of Property and Investment approved the sale of the Ditton Lane site to Persimmon Homes (North West) Ltd for the price as referenced.
- This decision re price will require a further Key Decision ODN if there is a substantial reduction in the price.
- Factual Context
- The Council’s land was marketed along with a neighbouring site owned by Vyner Estate and this generated five bids.
- All bids were conditional on planning permission and abnormal deductions following a due-diligence period.
- The Council’s land is 22.86 % of the total land area that was marketed.
- Persimmon Homes (North West) Ltd were the preferred bidder with a gross offer for the Council’s land.
- An initial exclusivity period of 12 months would follow the decision to enable the undertaking of the required onsite investigations including Flood Risk Analysis, Ecology, Intrusive Surveys and Constraint Analysis. At the end of the due diligence period, Persimmon would submit a revised net purchase price being potentially less any planning contributions which may relate to mitigation required as to flood risk, ecology, and other constraints.
- The intended disposal of open space was advertised in accordance with the relevant legal requirements, and no objections were received.
- Constitutional Position
Mr David Oldham on behalf of Friends of Pasture Marsh has recently written to P&R Committee Members stating that the original decision of P&R Committee of July 2023 was made without full knowledge of the site or its importance for the following reasons:
- The land was designated originally by the council as natural flood water storage, a scheme which the council is currently requesting public opinion for as a positive method of protecting houses from the increasing risk of flooding.
- The land was not subject to a wildlife survey to ascertain the presence of protected species. The residents are well aware and have been documenting the presence of several varieties of bats and birds on the site which are using the site.
- There are many trees in the council owned portion of the land which have been afforded preservation orders, again highlighting the biological importance of the land.
Given the number of signatories (which has yet to be validated), there is a possibility for Mr OIdham to present his petition to members of P&R at the February meeting and to present the petition to Council at its March meeting. Alternatively, Mr Oldham could forgo his opportunity to present the petition at one of those meetings and present at either the P&R meeting (February) or the full Council meeting (March).
Applying this to the facts under the Council’s Re Consideration and Scrutiny Procedure Rules (Part 4(4)) of the Council’s constitution, a majority of the members of P&R Committee may request (amongst others) that a Key Decision taken by an Officer in respect of acting under delegated authority from a committee is re considered by the P&R Committee.
This effect of this is to remove the delegated authority nullifying the decision made by the officer and allows for P&R Committee to confirm, refer the matter back to the original decision maker (the Assistant Director Assets and Investment) or make the decision afresh.
There are 3 criteria to address.
1. The request must be made before the expiry of 3 working days from the publication of the decision. This has been met as the emails have been received before 5pm today
2. It must be supported or signed by half or more of the appointed members of the P&R Committee. This has been met as more than 10 members have made the request so far.
3. It must set out why the request meets the criteria for re consideration, (please see below)
Such a request must be received by the Monitoring Officer or Chief Executive and must set out at least one of the following grounds in support, explaining why the decision is or might reasonably felt to be:
Paragraph 3 Criteria (Part 4(4))
- Key decision but not treated as such
- Inadequate consultation with stakeholders
- Inadequate evidence on which to base the decision
- Contrary to budget or policy framework
- The action is not proportionate to the desire outcome
- Potential human rights or equalities challenge
- Insufficient consideration of legal or financial advice
Members will appreciate that the emails submitted to date do not necessarily have the above criteria in mind. To aid members I have requested Matthew Neal to review the emails, rationale etc provided by members to date and to provide a summary against the criteria set out above and to liaise with members to ensure that the fullest and clearest position against the criteria can be secured for future consideration by the P&R Committee. This will be included in the report considered by P&R.
Next Steps
Once the above task is completed, in accordance with paragraph 5 of (Part 4(4)) of the constitution the Policy and Resources Committee may:
(a) Uphold the previous decision, following which the original decision shall take effect by 9.30am the next working day following the day of the Policy and Resources Committee meeting which considered the request.
(b) Refer the matter back to the officer the original decision maker (the Assistant Director Assets and Investment) with a recommendation from the Policy and Resources Committee
Having gone through this process, the decision may not be the subject of a further request for reconsideration and will take effect from the date on which the new decision notice is published.
Accordingly, Matthew Neal will be in touch to fully reflect members input regarding the criteria set out above.
Jill Travers, Director of Law and Corporate Services
Wirral Council
