Quote ="bren2k"And if that conversation did happen, it seems reasonable to assume that at least one of the parties allegedly involved would have had the nouse to see it as a stitch up and voice their concerns; equally, had the Trust been given the opportunity, they would no doubt have lodged a formal objection to the planning application, on the grounds that it was a deliberate strategy to undermine the s106 agreement.
As it stands, WMDC have colluded with YCP to make a monkey out of the SoS and in so doing, rob the citizens of Wakefield of much needed community sports facilities; they've set a precedent that allows them to develop the entire site with units under 60k m2, and now they're lying and twisting to cover their tracks. Worse still - precedent is quite weighty in planning law, so they could be contributing towards the collapse of the whole s106 system. Wakefield - a genuine rotten borough.
I'm certain that if someone from the Trust wrote this up in an accurate timeline, an element of the national media would take a look; it would be interesting to see how arrogant Box is when his bent behaviour is being properly scrutinised by someone outside our insignificant parish.'"
On the whole the s106 system works well, what has to be done is that it needs implementing correctly and thoroughly. This one case wouldn't take the whole system down, far from it but what it might do is in future these things are taken more seriously. Take a look at the difference between thet document for Newmarket and the one for the five towns development. One looks a professional piece of work, countersigned by all interested parties and worded as so legally watertight, whilst the other looks like its been written on the back of a fag packet with more get out clauses than you could shake a stick at. Any half decent planning lawyer would get round that and that the council have allowed it through is pretty poor on their part.
BUT they are correct, it isn't signed by themselves so they can play the 'it wasn't us guv' card and dodge the bullets. Morally it is totally wrong though but will that stand up in court? The Newcold build does state at the beginning of the process that in NO WAY does it legally tie into the Newmarket development so there is the argument the other way and the way that the s106 is worded gives the get out by stating the 60,00m2 trigger 'under the planning permission' be built, not 60,00m2 of building on the land. But the building goes against the spirit of the agreement and what the s.o.s passed it for in the first place. It was though outside the existing building regulations so could be circumnavigated, my worry would be what is to stop Yorkcourt making sure all the future applications also happen to be so?
What now? I agree with Sandal Cat that it is probably legal action or bust as the council seem to have dug in and the real villans Yorkcourt have shown their true colours. A word for the land owners Oldroyds as well, they must have know what was being set up here. The chance of a successful outcome? Impossible to tell, the lack of documentation on either side gives an element of 50-50 but it could get messy and even a win in court doesn't mean a stadium if they just walk away. Stops them getting rich out of it but it doesn't help the club get a ground. I'm not sure how some of these people sleep at night to be honest.
