Quote ="TrinTrin"Sandal cat is right about the trigger size but misses the point, cllr Box allowed Yorkcourt to dodge the trigger size by building above scale to a height obtrusive to the whole area & it's residents. Only when it was just about built did the facts become know'n. When questioned about permitting this his stance was he could not stop it and the area cover was under the trigger point, even had they have built over the sized trigger point - the council could not enforce the unilateral 106 agreement.
As my previous post, that was simply not true ! The council could have placed a stop notice that the Newcold scheme was not correct & to the original scheme aggregated as per Sec of State permission had understood & granted. Then Yorkcourt faced with that stop notice have a choice - to appeal which the council would have turned down leaving them to apply to the Secretary of state. BINGO, sorted one way or the other.
Newcold wanted the floor space & so could have agreed to build past the figure stated. Quite rightly Yorkcourt could have said no deal to Newcold but then the situation - message sent out to anyone interested there is a problem to this site. Not something Yorkcourt would have wanted when trying to develop a site & maintain cashflow.
The whole problem comes back to our so called council leader having an agenda to not deliver - something now recognized by our MP.
As I have stated, either there is collusion to not deliver or it - the situation has suited both parties, let's not make excuses for them, the two parties.
They are dis-in-genuine, if you are genuine, then you would get on with things - deliver & let your good name bring in more business.
R.I.BA. Have a plan of work document that runs from Quote, " inception to completion, completion = feedback "
Feedback is interesting reading, it's how best parties can learn from the whole process to enable future schemes to be undertaken not only for a smoother overall operation & delivery of the process as a whole, but to benefit society as a whole. Therefore, surely it's not naive to think that Yorkcourt are not aware of this ! I am as a full professional person in these processes, so they must be.'"
Dont think I have missed the point.
The Council could not issue a stop notice on Newcold once they had granted consent provided it was constructed in accordance with that consent. Their error was in passing it but we all have our own opinions on why they did which I wont share on here but I think they may have acted Ultra Vires.
The current application is what we have been waiting for as it opens up the possibility of legal challenges. The Council are caught between a rock and a hard place. Approve it and risk a Judicial Review or refuse it and face an appeal to the Planning Inspectorate, the very body Yorkcourt promised the stadium to.
Our Lawyers have been instructed and are on the case.
Like you I'm a professional having worked on big regeneration projects such as Newmarket and with numerous Developers and I would suggest that rather than us discussing matters on here it would be useful and advantageous for us to have a chat. Could you please sent me a PM and he we can speak directly with each other.