Quote: Inflatable_Armadillo "While all the discussion around the new SoS is relevant, in some ways it does not change the overarching situation.
We currently feel that WMDC may have acted unlawfully or ultra vires in the granting of planning permission for the Newcold development, in that it was not captured by the S106 agreement. We believe that the S106 is a land charge (and that is what the law appears to clearly say) and that therefore it can not be avoided, even via a new application that needed to ultimately be made, because of the size of the building.
The council's opinion is that this is not the case, but equally they have been unable, to date, to give a clear answer as to why they think it doesn't count and back-up that judgement with sound, factual and legal reasoning... despite us asking, over and over again! You will remember that they initially said they took legal advice, we asked to see this legal advice under and FOI request and they told us they had no record of this legal advice! Neil Rodgers, the new head of planning at WMDC, who was not in position during any of the planning stages for Newmarket OR in post when the FOI request was made (this is important) has gone on the record and said that legal advice was taken from WMDC own planning lawyer (we are still not clear on exactly what that means BTW?). Now, given that Neil was not in post, then in order to categorically state that legal advice was taken (from any lawyer) then he must have seen written evidence of such, or how else would he actually know? So, we have asked again to see the legal advice that they claim to have no record of but Neil Rodgers is now categorically referring to as existing in the media/public domain and to be able to do so, he must have seen it? We are now waiting for an answer to our follow-up FOI request!
So, back to the original point. We are of course going to try and ask the new SoS to look at the case and intervene. The question, which we don't know the answer to yet is to what extent can he, or not, intervene? What legal powers does he have, again, if any at all, other than maybe frowning on WMDC and writing some letters? Ultimately we are going to, if required, try and explore and use every avenue that is open to us to get both what we are morally owed (which we all know, even WMDC, although they won't admit this either) and we feel legally owed too! So, the moral side is without question in my opinion, and this is the biggest shame on WMDC for me, irrespective of any ultimate outcome, but in order to prove that then we have to explore all these legal avenues.
As we have said, because we have been morally wronged, we will fight all the way to the high court, the ultimate destination, if we have to and if we lose there then at least we tried everything possible and everyone (include the fans and public of Wakefield) can hold there hands up and say, we lost (the law in an ass as well probably) but we tried!
A couple of final points, we are still willing to talk and are indeed talking to all parties and that will continue as long as they (not us) let that continue. We do not want to go to court and spend loads of money fighting this if we don't have to, but we will if they do not provide what we were promised and what the public of Wakefield are owed. WMDC keeping telling everyone that there is door is open, but to be honest it is not really any more. they have shut it. As you can see, they are washing their hands of the whole affair and telling you the tax and voting public, that it has absolute nothing to with them, it is not their problem, they are not party to the S106, did not even see it or have any part in negotiating it (we disagree and feel we can prove different) and that despite neither the Trust or the SoS being named parties to the S106, unlike WMDC, it is all down to us to sort with the developer!!! BTW, we are trying to sort this with YC, and they are still speaking to us, and us to them and that is the way we would like it to continue as well.
So, tax and voting public of Wakfield MDC... what do you think about how your council is behaving? I think they are shameful and I will continue to hold them to account until we have exhausted every opportunity and avenue available to us! It is that simple!'"
So it's all the councils fault then, nobody else has played a part in this farce? Yorkcourt must have been whiter than white, the SoS didn't screw up by not seeing the section 106 for what it was before signing off the development and at no point did the people on the trust at that time (Glover, Elston, the great Sir Rodney etc) take their eyes of the ball and miss what was happening. Yes the council have been utter s in this but there are others to take some blame as well, it has been a shambles from start to finish. Even if Newcold counted we wouldn't be anywhere near a stadium built yet, it's the whole document terms that are the issue. The get out clauses are all over it!
So i've already resigned myself to the fact that the ground is dead. Why?
There is no support from the council to push this through.
The developer hasn't got a pot to you know what in and will walk away if 'forced' to build as the s106 is useless.
The new SoS is a guy who thinks these decisions should be made by local government not central if he can actualy do anything.
A large chunk of the fans don't actually want to move to Newmarket anyway and think it is in totally the wrong place.
There isn't any money for VERY expensive legal action. Who is going to pay for it exactly?
I hearby advise everyone to check their backside to see if there is still a hole in it. As whilst there is there's no chance of a stadium getting built! Sorry if that is defeatist because it probably is but sometimes you have to take a step back and have a look at things. And to me it looks well and truly buggered.
