Re: Re: The City of Wakefield Community Stadium : Thu Nov 26, 2015 12:35 pm
The Avenger wrote:
Except there is a S106 in place!
That only binds Yorkcourt if the council hand over £2 million. The planning obligation is triggered by the council handing over the money. If the council choose not to hand it over, Yorkcourt aren't bound. Yorkcourt can hardly be bound to do something by the planning authority when that obligation is only triggered when that planning authority does something too.
I may be wrong, because I am going on what I read on here, but the sequence is surely this:
1. Yorkcourt sells so many leases, thus triggering their obligations under the unilateral undertaking they freely gave.
2. Yorkcourt say to the council, 'we've done our bit, we are bound by that undertaking, but of course our undertaking was on the proviso that you'd also stump up two million quid. Here are our bank details.'
3. The council say, 'what, you want two million quid? Where's it say that?'
4. 'There, in our undertaking. We've agreed to stump up the cash when you do. We're ready. Cash please.'
5. Council say, 'We're not bound by that undertaking. It's unilateral, by you alone, doesn't bind us. No cash. Soz.'
6. Yorkcourt say, 'Looks like no new stadium then, because our undertaking was conditional.'
7. Council say, 'Lolz. Never mind. Hey, at least Cas get a new stadium. Some mug here decided to bind the council with a two-way agreement so that there was no way round it. PMSL.'
8. Peter Box strolls past the room in a a Cas shirt, whistling contentedly.
Or something.
