Quote: Droopy "Great to see our legal representation has now been put forward IA! Im looking forward to see how the subject is addressed by the Planning Committee.
One thing i would like to ask, and this is not a criticism or dig in anyway, just a genuine question. You say that morals, intent and promises are at the heart of our legal argument but do you believe we have a good legal argument? The letter from Yorkcourts representatives strongly argue there is no legal case for them to answer. Im worried the council may see this as an easy route of escape. They have already shown that morals and promises mean very little to them...'"
Great question and happy to, sort of, answer.
If I can rephrase slightly, I think it will help. We haven't got to the stage where we need to publicly set-out a legal argument which will be complicated and might not be easy for people to understand (including us). If and when we get there, we will deal with that as clearly and concisely as we can There is no point showing our hand now (for hopefully obvious reasons) because prior to that we have a planning committee made up of local politicians who need to make a decision, and they are not (bless them) lawyers and judges! I won't lie to you, this situation as far as us and Walton and Co are aware, is totally unique. A developer(s) and their client seeking to exploit one public inquiry to avoid doing what they promised in another public inquiry hasn't really happened before! We also need to genuinely see what happens next, because legal arguments and positions will have to shift and adapt depending on whether the planning committee pass or rejects the application... assuming of course the Developers don't produce a new S106 agreement in the mean time! Unlikely it would seem, but another possibility.
We have been advised by Walton & Co to go all out to get the WMDC planning committee to turn down this application. They have also said that in their vast experience of the local stage of the planning process that local members generally don't take too well to lawyers lecturing them on points of planning law. At this stage this application is about a group or local elected members deciding whether they pass or reject this application. They can either take the correct and moral decision and quite simply turn down this application, or they can allow two developers & their client to crap all over them and the citizens of Wakefield while laughing all the way to the bank counting even more money, because their already considerable profit just got £15m bigger!