Minutes – Extra-Ordinary Meeting – 8 May 2026

Please find below the minutes for the latest Formby Parish Council meeting. A copy of the minutes is available to download at the bottom of the page.

MINUTES OF THE EXTRA-ORDINARY MEETING

8 May 2026

Present: Maria Bennett (Chairman), Colin Appleton, Derek Baxter, Sandra Baxter, Dawn Brodie, Jill Butler, Karen Cavanagh, David Dutton, Dave Irving, Leo Kolassa, Mike Weild and Paul Wiencke.

In Attendance: Claire Jenkins (Clerk) and 26 members of the public

116.0 Apologies for Absence

116.1 There were apologies received from Cllrs L Brodie, Y Irving, and J Riley.

117.0 Members Declaration of Interest

117.1 Cllr M Bennett declared an interest in item 119.1 and 119.2. Cllr D Brodie chaired the meeting for these items.

118.0 Public Forum

The meeting was adjourned for this item.

118.1 West Lane development

A representative from the residents near the West Lane development addressed the Council regarding the issues they were facing. They have complained to Sefton Council. Environmental Health have met with the residents to see what problems they are experiencing and have agreed to place an external monitor in the garden to measure of Peak Particle Velocity (PPV), if the levels reach above 5, the developer has to pause the works and look at mitigation measures to meet the planning conditions. The figures they have seen from Environmental Health is that the peak values they have hit is 3.6 at the boundary. The residents have been experiencing vibrations in the houses and high levels of noise from the site. The residents submitted complaints that the developer had broken the rules of the CEMP and started piling works without the acoustics shroud. The developer has stated that they are in keeping within the limits and are well below the levels of PPV. The objective is to keep it below 1 for the site. The residents would like better communication from the developers to inform them of what they are doing and how long it will take and respond to issues submitted.

The meeting was reconvened.

119.0 To Discuss and Resolve the following.

119.1 To approve the pre action letter to be sent to Sefton Council and the developer for the West Lane Site development.

The Clerk shared the summary received from the Solicitor, “Although we have some good points under each of the grounds, Sefton Council is likely to argue that: 

1. Ground 1. Our expert reports were considered (they were referred to in the Officers Report), the council was entitled to rely on Environmental Health Officers responses (including its lack of objection), and the court should be very slow to interfere with the council’s decision in those circumstances. Although the Local Planning Authority’s reasons are thin, the standard of reasoning is likely lower at the Risk Management stage and the council’s reasons can be discerned from the Environmental Health Officers responses to which the Officers Report refers. 
2. Ground 2. The council’s role was limited to ascertaining whether the applicant’s CEMP amounted to Best Practicable Means, the council ​discharged this duty by relying on the Environmental Health Officer’s evaluation of the CEMP, and the council/Environmental Health Officer was not obliged to commission expert evidence (since it was entitled to rely on the applicant’s expert evidence). 
3. Ground 3. The council was entitled to rely on Natural England’s view that the Special Area of Conservation would not be adversely affected, and there was no evidence before the council that demonstrated that the Special Area of Conservation would be adversely affected. In those circumstances, even if the council’s “balance of probabilities” misstated the precautionary principle, the conclusion was immaterial.

It largely depends on the judge; a sympathetic judge would accept those arguments. “

Members discussed the response received. Cllr Kolassa asked if there was any mention of precedence when it comes to a judgement, has this happened elsewhere and was the decision one way or the other?

Cllr D Baxter said that it could end in failure and hangs on the judge and those arguments. The cost of taking this to the final stage would be £57,000, which is public money, he felt that there would need to be a stronger chance of winning to justify spending that much.

Cllr D Irving, if we did take it to a judge and they did agree that there was an environmental case, we could implement The Aarhus Convention. Cllr Baxter reported that the Aarhus Convention was a limitation on the costs we would have to pay to Sefton Council if we lost and does not include our own solicitor/barrister fees or the court costs, the estimated £57,000 included the presumption that we would be awarded Aarhus status.

Cllr Cavanagh said that if we went to court, the outcome wouldn’t change anything on the development, this is about procedural conditions that we are saying wasn’t followed by Sefton Council. The way we manage this, should be by getting in touch with the elected members about issues that aren’t being addressed. She expressed a disappointment that the developer hasn’t spoken to residents to explain what is happening.

Cllr Kolassa asked if there is anything else we can do? Cllr Baxter said there is a civil route that residents could take for a case of statutory nuisance, but that option isn’t available to the Parish Council.

Cllr D Baxter reported that had our case been strong enough, an injunction would have been sought to stop the piling. At the level of risk being 50/50, a judge wouldn’t have gone for this. Had this been a stronger case, we may have persuaded Sefton Council to review it, which would have encouraged them to look at the alternative technical evidence.

Based on the advice we have been given, this legal route is closed. As Cllrs, we have done everything we can to help, we have already spent some money seeking advice from Barristers to get a good opinion as to whether we could fight this case for the residents. We have submitted every objection that we could submit, we have paid for private reports to send to Sefton Council. If we had a 60-70% chance of winning, we would proceed but unfortunately that is not the advice that we have received.

Residents are urged to submit complaints to Sefton Council Environmental Health about the issues that they are experiencing. If residents do not submit complaints, then the assumption is that there are no problems. Environmental Health can be contacted at ETScontact@sefton.gov.uk

They can also submit a complaint to the Planning Ombudsman including the expert report showing that Redrow could be using a less intrusive piling method.

It was resolved to not submit the pre action letter to Sefton Council and the developer for the West Lane Site development.

119.2 To approve a budget for the Judicial Review regarding the West Lane Site development.

No action is required.

120.0 Date of Next Meeting:

The next Annual meeting of Formby Parish Council will be held on Monday 18 May 2026, 7pm, at Formby Library, Duke Street, Formby.