I'm puzzled by the time line here. When did "the Trust" actually find out that the Newcold build was a stand alone application? (What Date)

A stand alone application is not the issue, it had to be because of the building height. The gripe is that the Council specifically excluded the development from the obligations of the S106 Agreement, apparantly after seeking legal advice, the advice which they state "they do not hold"

We can see nowhere in the papers on the planning portal that states that the development is excluded from the S106 until the Case Officers report which was made available after the period to object had passed.

So what was the deadline date for objections?

If they don't hold a copy of the legal advice they have received, then' without doubt, the legal firm giving the advice will have a record of it.

Maybe WMDC could just ask for another copy?

Or was legal advice never actually sought and received?

The FOI request (a couple of pages back) specifically asked them for the name of the lawyers that provided the advice. The answer then might speak for itself...

Could it actually have been Yorkcourt who initially took the legal advice rather than the council and as such they that hold it?

I believe Box is quoted as saying the Council took legal advice but then couldn't supply any documented proof of it.

Yorkcourt will have taken their own legal advice but the Council clearly stated they (the Council took legal advice) and clearly they should not be relying on the advice of the developers lawyers without getting advice from their own.

It was a smokescreen clear and simple which shows the arrogance of the people involved at WDMC to think they could get away with it

This.

Any legal advice Yorkcourt might of taken is there's and not public record unless they use it in such a manner as to make it public record. Any legal advice the council take is public record...

What is the legal recourse to failure to meet a FOI request?

Ultimately the Information Commisioner can force them to hand-over the information. If they really don't have any, they will have to admit this publicaly to the Information Commisioner. I don't know what he then does and if their powers go beyond forcing information to be released, for abuses of the system & law etc?

I have some questions because all I read is that it's everybody's fault but what are we bringing to the table. We had a ground but sold it so no contribution there, our support is declining and if it's for the community why can't that also relate to the Castleford project.
We are threatening the council with legal action but all we keep reading is that we have no money, so whose going to pay. If I am being honest we are an embarrassment both on and off the field. We cannot even get the Wigan flag the right way up for the TV game.
We have been in similar positions before and only survived because of the players commitment. We do not have this there is so much negativity from the chairman down that it is bound to affect the team, most of them know they only have one year contracts so I expect a mass exodus with players agreeing new contracts with other clubs before the season ends. The name Wakefield Trinity is now associated with failure and uncertainty so who would want to stay.
If I was the council or even the developers I know that time is not on our side because a championship team does not need a new stadium so let's stop trying to blame others. We have for years failed to invest and are now looking to be bailed out by others.

Trinity's failures over the last 30 years or so are well documented, but that's not the point here.

There’s a lot of information to digest in that memo, but am I right in thinking the Council have used the Freedom of Information Act to refuse to show any proof of an alleged meeting between themselves, Y.C & the Trust?

I always thought they were incompetent, that's par for the course with any council, but if they have used a piece of legislation to basically bury a lie – I find that scurrilous & they should be taken to task.

They using it to hide the fact they probably didn't take legal advice when stating they couldn't refuse planning permission for the Newcold development which was outside of the 106 agreement because said advice.

If that is ever proved accurate then a whole can of worms could open bigger than the issue that directly affects the community stadium.

I have no doubt this will not be a popular stance but regarding the 2m that wmdc had committed to the project I really don't think we can be seen to be throwing the teddy out of the cot now this appears to have been taken off the table.
We are all well aware of how the austerity cuts are hitting people in the public sector and its my felling that the 2m would be better served in saving peoples jobs.
But it does seem to be academic at this moment in time anyway as even if newcold came under the s106we would still be a hell of a long way from the trigger point anyway. But who knows in a couple of years time things may pic up the trigger point could be reached and funds may become available again, just have to keep hoping we still have a club to put in there if it is built.

The Trust offered to accept an 8k stadium rather than 12k which I'm sure would mitigate the withdrawal of the £2m contribution from WMDC.

And do you think that you are being positive?

We have and had no money, but we did have a value, both socially and numerically. We were not included in the NM plans for no reason, the developer and council saw an opportunity to tap into that value and we delivered, in spades. We offered hard work in obtaining a petition and the moral and technical arguments as to why a piece of GB land could be taken out of its protected status to allow a developer to build sheds for profit. He is making a lot of profit, at our expense! The council will rake in £m's in rates etc, at our expense!

Please take this nicely, but go give your head a shake! We brought a lot to the table, but have been dispensed with when they think they have what they need from us! The FB page says "Used!" for a reason!

If you think that the name of Wakefield Trinity is worthless, then so be it, but I don't!

Yes TRB thank you

I'm assuming that Glover & Elston have been asked about this meeting?

Did this offer include the rest of the community facilties planned for the site or just a stadium?

No idea.

We believe that we can get the Community facilities over the line using other means, but only if we can get to a deal over the Stadium first. The Stadium itself is part of those facilities as we want to see it use for more than 15 days a year!

Well some one saw it. The fact that it was "stand alone" and wouldn't count towards the s106 was posted on the Cas Tigers forum on July the 9th last year.

I think some people on here need a dose of reality, I note that we are asking who took legal advise therefore being part of the proposal did we or the Trust. I am sorry but I am beginning to believe that the developers took advantage of our need to move and the council's need to stimulate development within Wakefield. I would guess if they had not it would have gone to Leeds and a different group of people would be complaining about the council.
I was not privy to any of the meetings but some of you were, did anyone stop and think this is a little too good or even studied the developer's proposal. Did anyone raise any questions regarding the current scenario if not then we have only ourselves to blame.
I accepted long ago that we were no longer the force we were many years ago, but we survived more by luck but together with the team.
This season it is no longer the case and if you believe like our chairman that Wakefield is begging for an a community stadium then why can this not now be the Castleford project. The council could agree and say that in order to fulfill this request we are backing the Castleford stadium.
I also would remind some on here that to get elected a politician will say anything. I read the leaflet from the Conservative party it stated he was a Leeds United fan but only a follower of WT which would suggest this was added in an hope to boost his numbers. We do not even have enough supporters left to make a great deal of different to the outcome in Wakefield because how many still live in this constituency. With regards Box I believe he is the councillor for Castleford but I will stand corrected but if so how are you going to unseat him if he is so pro Castleford.