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.

So the elephant in the room is why would the WMDCs Planning Officers act this way, who has the power to make it happen, who has the authority to cover it up and who benefits how?

That is the million dollar question. Why woulda Wakefield Council Leader not be all over this project so he could bask in the glory of it?

It was designed to fail, the Council get their development & more, the developer gets rich, the Wakefield public, Newmarket residents and sports fans get shafted.

The politics of the concocted WMDC area means the City will never thrive as the outposts have a vice grip on the political power which has stifled any progress through vested interest.

bang on the money, but it isnt going to do the labour partys reputation in the city much good is it.

The bit i didn't get from the councils reply was this bit....

[iI can confirm that there was no Section 106 Agreement to link this development with the funding of a community stadium as the size of development (22,300sqm) is below the 60,000sqm threshold for contributing toward the stadium that was set out in the original outline application issued by the Secretary of State.[/i

Surely the 60,000 sqm is part of a cumilitive effect where various individual builds total up to the trigger point? That seems to suggest they think that a single development has to be 60,000 sqm itself to trigger it. That can't be right? Am i reading it wrong? What does it matter that it is beliw the threahold, it still would have counted towards it, just not trigger it yet?

You don't get it because in my opinion it's gobbledygook and a load of cobblers.

The S106 was a condition of planning laid down by the SoS and the 60,000 sq m is a cumulative total as you say and nothing to do with individual developments. Had the Council not explicitly excluded Newcold from the S106 it would have contributed to but not hit the 60,000 sq m trigger.

You are reading it correctly but as I said its a load of ballcocks.

SC, do you believe them to be that thick or incompetant that they didn't understand the A106 and in particular the 60,000m2 trigger and the non aggregation of the land?

Are Yorkcourt still looking to develop the rest of the Newmarket site or have they got what they need from the Newcold white box ?

Thought so, at least it isn't me.

Seems they are experts in ambiguity and making things as confusing as possible as well then.

So taking this to the next stage then...if we do take this matter to court and we do win the case, then what is the likely outcome ??
If the council is found to be negligent/complicit, can they be fined or made to contribute their promised £2 million towards the stadium build ??
Can the existing Newcold development be made to count towards the 60,000 sq m trigger point ??
Could Yorkcourt just walk away with their tail between their legs and make do with the tidy profit they have no doubt made from the Newcold development and leave us back at square 1 ??

To be honest I don't really know. I could speculate but remember we have been threatened with being sued for libel so I have to be careful.

As I have said before I have never seen anyone disaggregate a S106 Agreement before and in my opinion, and I'm not a Lawyer, it does not seem right. The Council say they took legal advice which meant that Newcold was excluded from the Unilateral Undertaking (S106) but when asked to see the advice say that they do not hold it so are unable to supply it. That's strange isn't it.