Wakefield Trinity Stadium – Wakefield Council position statement April
2017
We have a long, proud history of top-quality sport in the Wakefield district and Wakefield
Council is committed to supporting it to thrive.
Since 1984 the Council has provided Wakefield Trinity Rugby League Club (the Club) with
financial assistance in excess of £1.6m in the form of guarantees, ground works and
amounts written-off by the Council within Company Voluntary Arrangements entered into by
Wakefield Trinity Wildcats in 2000 and again in 2004.
In July 2009 the Council’s Cabinet offered land assets to the value of £2m (subject to
criteria) to both Wakefield District Community Trust and Castleford Tigers on the
understanding that both clubs are in the Super League and need to upgrade facilities to
meet Rugby Football League criteria. In December 2010 the criteria hadn’t been met and
the Council chose to extend its £2m funding offer to July 2011. In July 2011 the criteria still
had not been met and the funding offer expired.
In December 2012, planning permission for a new stadium was granted by the Secretary of
State – a decision that the Council welcomed. The permission was accompanied by a
Unilateral Undertaking. This document was signed by Yorkcourt Properties Ltd (the
developer) and two other landowners and was accepted by the Government’s Planning
Inspector. It was not signed by Wakefield Council.
The Council asked for, and would have preferred, a Multi-lateral Section 106 agreement,
signed by a number of parties including the Council. This would have enabled the local
authority to negotiate clear funding streams and tighter triggers for the development of a
stadium. The decision to accept the developer’s Unilateral Undertaking was that of the
Planning Inspector and ultimately formed part of the planning approval issued by the
Conservative MP Eric Pickles in his capacity as Secretary of State.
The Council is not a party to, or a beneficiary of, the Unilateral Undertaking. The persons
liable to the obligation are those persons with interests in the land only – namely Oldroyd
and Sons, Clydesdale Bank Plc and Yorkcourt Properties Ltd.
The Unilateral Undertaking obliges the developer to let build contracts for the stadium once
two trigger point are reached. These are:
1. A funding agreement, to the value of £2m, is reached by, Wakefield and District
Community Trust (the Trust), Wakefield Trinity and Wakefield Council as a collective
or individually to contribute to the cost of building a stadium.
and
2. 60,000 square meters of B8 floor space is occupied on the development site.
Currently neither of these trigger points, which would require the stadium to be built, have
been reached.
It is entirely up to the developer how quickly they bring forward development, or if the
development is built at all. Until the point that the triggers, outlined in the Unilateral
Undertaking are met, the Council is unable to force the developer to build a stadium.
Once the triggers have been met, the Council, as the Planning Authority, is fully
committed to taking all legal measures at its disposal to ensure that the developer fulfils
the obligations in the Unilateral Undertaking. The Council has never suggested that it will
not enforce these obligations.
The Unilateral Undertaking clearly states that the Trust are the ‘facilitators’ for the delivery
of the stadium.
Since planning permission was granted, Wakefield Council has been actively working to
attract private sector investment and development at Newmarket to help achieve the 60,000
square metres of B8 Warehousing and distribution floor space identified in the Unilateral
Undertaking.
The Trust commenced regular meetings to facilitate the delivery of a community stadium
and the Council attended as an advisor to the Trust. The Council advised the Trust to
establish a contract between themselves, the developer and the Club (as potential tenants)
to facilitate and occupy a community stadium. The Council understand that a draft
agreement was drawn up by the developer for consideration. The Council offered to
continue providing advice on the terms of the contract but this offer was declined by Trust
members in a meeting on 24 March 2015 – an extract of the minutes can be found at the
end of this statement.
In July 2013, a planning application was submitted by Yorkcourt Properties Ltd and
Newcold Ltd for a cold food distribution warehouse within the Newmarket site.
The developer chose to submit a separate full planning application for the 22,300sqm
Newcold development as the Newcold building did not fall within the parameters of the
approved outline consent issued by the Secretary of State. By law this meant that it couldn’t
be considered as part of the Newmarket development and separate planning permission
needed to be submitted.
This was communicated to the Trust at a meeting with the Chief Executive and Corporate
Director for Regeneration and Economic Growth from Wakefield Council at that time.
In line with the Council’s Statement of Community Involvement and statutory regulations,
there were two separate 21-day periods of public consultation relating to the Newcold
development. No objections to the Newcold planning application from the Trust were
received.
In granting planning permission for the Newcold development, the development of a
community stadium has not been compromised. Even if the 22,300sqm facility had
contributed to the 60,000sqm B8 development identified in the Unilateral Undertaking it
would not have triggered the development of a stadium.
Although Yorkcourt Properties Ltd and Newcold Ltd did not provide a Section 106
agreement linking the Newcold Development with the funding for a community stadium, the
development did include the installation of a road infrastructure that provides essential
access to the proposed location of a new stadium. The development has also created
approximately 154 much needed jobs in the Wakefield district.
The Council, during informal conversations with the Trust, has made it clear that it is
prepared to make a financial contribution, similar to the offer made in 2009, as part of the
development of a new stadium at Newmarket. To date, the Trust have not asked the
Council to provide any funding, nor have they shared any details of funding raised from
other avenues to contribute to the development of a new stadium.
Senior Council representatives, including the Leader and Chief Executive, have had
numerous meetings meeting with the Club, the Trust and the developer to help progress the
development of a new community stadium. These meetings have been as recent as last
week with further meetings in the diary. A full chronology of activity relating to the
development of a new community stadium can be found at
www.wakefield.gov.uk/newmarket
Recent reports that the Club has chosen to give notice on a lease at Belle Vue which
doesn’t expire for another four years is surprising. We are keen to see Wakefield Trinity
continue to play in the district and hope they consider the option of playing at Featherstone
Rovers if there is no option of continuing to play at Belle Vue until a new stadium is built.
It is entirely understandable that Wakefield Trinity fans are frustrated at the lack of progress
to build a new stadium, and the Council wholeheartedly shares this frustration.
Further compromising progress, is the resignation of the Trust Chair, Sir Rodney Walker
and the possibility of the establishment of another trust. We have advised the Club of the
potential difficulty this could create.
However, rugby is part of the DNA of this district. It is historically and culturally important
and Wakefield Council remains committed to continuing to working with the Club and Trust
to progress their ambitions for a new stadium.
Useful links and information:
• Section 106 Unilateral Undertaking -
cominoweb.wakefield.gov.uk/Plann ... ng&org.apa
che.shale.dialog.DIALOG_NAME=gfplanningsearch&SDescription=10/00225/OUT&view
docs=true (select the second document in the list)
• Timeline of activity relating to the development of a community stadium –
www.wakefield.gov.uk/newmarket
Extract from the minutes of: Wakefield and District Community Trust meeting held on
24 March 2015 at 9 am
“Andy stated that he had advised Sir Rodney if the Trust wanted advice on the heads of terms
between Yorkcourt he would be happy to offer his advice. Andy also advised the Trust to
ensure that the heads of terms were as firm as possible and that it was important to try and
firm up into a legal agreement as soon as possible. However, the view of the Trust is that
they will seek independent legal advice and do not require input from the Council.”
