Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 7:00 pm  

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

I 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.

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?

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 7:46 pm  

Theboyem wrote:

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

I 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.

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.

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 8:43 pm  

Sandal Cat wrote:

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?

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 9:04 pm  

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

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 9:18 pm  

Sandal Cat wrote:

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.

Thought so, at least it isn't me.

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

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 9:32 pm  

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 ??

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 10:05 pm  

The Avenger wrote:

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?

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.

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 10:07 pm  

wrencat1873 wrote:

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

I would imagine they are, there is still a great deal of land to develop and profit to be made.

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 10:11 pm  

FIL wrote:

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 ??

I'm afraid that's the $64,000 question. No one can ever predict the outcome of legal action. One thing is certain, if we do nothing we'll get nothing.

As I've said before I'd rather go down fighting, I'd much rather die like a lion than live like a lamb but you never know justice may prevail.

Re: Public Meeting Confirmed for 22nd April - Cats : Tue Apr 28, 2015 10:18 pm  

Sandal Cat wrote:

I would imagine they are, there is still a great deal of land to develop and profit to be made.

I'd say only if there isn't a stadium built. £12 million would cut into their profits somewhat and i've a feeling that was their plan all along.