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| Quote cosmicat="cosmicat"Ok so what are we going to do about the whole bloody mess to me the softly, softly approach isn't working its time to start shouting from the hilltop ,media papers, etc'"
Don't disagee and that may well come. We also may end up with a Judicial Review in the High Court which will be interesting when a High Court Judge starts "digging" but in the meantime as I said earlier we have a top Planning Lawyer working with us and we will proceed with this on his advice.
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| Quote Sandal Cat="Sandal Cat"Quite often once legal proceedings are instigated it can indeed jolt the other party into settling before the matter gets to the High Court. However you need to have the cash to commence the proceedings and be prepared to take your case all the way.
No Lawyer will ever tell you that you have a watertight case and there is always a risk that however much you are confident of your case the Judge may not see it your way.
The problem is the cost of instigating proceedings. The Stadium Trust will need to raise a substantial amount of money but the Council will just use the Council Taxpayers money to fund a defence. The Supporters Trust has investigated and found a crowdfunding web site who will allow us to raise money to fund such a legal challenge if it comes to it.
No one wants to take this to the High Court, we want to see the Council enforce the Section 106 Agreement/UU and the Developer to deliver what they promised the citizens of Wakefield at the Public Inquiry, however if they are not prepared to deliver on that promise we are prepared to take the matter to the High Court by way of a Judicial Review.'"
Thanks for that sandal cat
So from the posts I have read today it would appear that some pressure needs to be applied to the council to get things moving!
The crowd funding website sounds like an idea...what would be a ball park figure for that particular avenue to be persued?
i think it maybe a while before the money could be scrapped together.
This is going to sound like a dumb question......but what if the money (2 million)was obtained from elsewhere.. Then given to the council on the condition that they use it to kick start the project?
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| I also agree that I dont think box will want a court judge on the councils case!
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| Quote Jackie brown="Jackie brown"Thanks for that sandal cat
So from the posts I have read today it would appear that some pressure needs to be applied to the council to get things moving!
The crowd funding website sounds like an idea...what would be a ball park figure for that particular avenue to be persued?
i think it maybe a while before the money could be scrapped together.
This is going to sound like a dumb question......but what if the money (2 million)was obtained from elsewhere.. Then given to the council on the condition that they use it to kick start the project?'"
We believe a Judicial Review would require the Stadium Trust to have at least £50,000 at its disposal. If the case was won costs could be awarded so it could get its costs back. Conversely if the case was lost they may have to pay the other parties costs so legal action will not be taken lightly and we will need a great deal of support. As I say we do not wish to go down the legal route but it's an option we will hold on to.
The matter of the £2m is interesting and I cannot answer it diffinitively. It all depends on whether you feel the developer wishes to deliver his promise made at the Public Inquiry or is looking to get out of his obligation. You will have to form your opinion, I have mine but I'll keep that to myself rather than post it on a public forum.
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| Quote Tigerade="Tigerade"AFAIK - it was promised for the Glasshoughton project (Waystone) but nothing for the new one (Lateral). The 5 Towns Stadium funding plan doesn't rely on government funding.'"
I think you are right about it being for the Waystone site. Not sure but as I recall it was not actually cash but land (Bevan huts site on Aketon Road Castleford) to be used as security against a loan. This also had a 2 year time limit on it which will have run out now. Long time ago now so I may be wrong on the detail.
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| Wakefield is a historic Cathedral city and the council should be doing all it can to keep the name of Wakefield in the worldwide press & public eye. what professional top class sport has Wakefield left to promote its name nationally and worldwide on the news,in top class televised sport and in national newspaper reports, only one and that is Wakefield Trinity Wildcats; Wakefield Rugby union club has gone,we do not have a top class professional football club even though we are a large metropolitan area with a population of around 331,379 [2014 i would have thought that a purpose built stadium in the Wakefield City boundary and a top class team,Wakefield Trinity playing in Super League would be a priority. they didn't mess around on the Barbara Hepworth gallery which i happen to think is a first class asset for Wakefield. its time the council got its finger out and made sure there is a City of Wakefield Community Stadium built in the not too distant future and for WTW to be playing in the stadium and carrying on their proud 142 years history.
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| The last leader of the Wakefield council to give a toss about Wakefield and it's sporting facilities was Colin Croxall, the representative for the Eastmoor ward, for those who have never heard of him, he was the man who was responsible in trying to bring about Wakefield Trinity and Yorkshire CC to Denby Dale road, alas thanks to two individuals' to no avail.
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| Quote Sandal Cat="Sandal Cat"I have mine but I'll keep that to myself rather than post it on a public forum.'"
I'll post mine on a public forum; WMDC have colluded with Colin Mackie to help YCP avoid their obligations under the s106 agreement - plain and simple. It's in neither parties interest to stump up for the community stadium, but in both their interests to get the site up and running - so they worked out a cunning plan to get Newcold into play without triggering it.
I have no doubt they'll pull the same stunt again, unless the Trust ups the ante sufficiently so that they're less comfortable about playing fast and loose with the ruling of HM Inspector.
I'm glad I asked the question of Mr Box on Twitter the other day - his decision to lie in a public meeting in response may well come back to bite him on the backside; slightly baffling though that the Wakefield Express appear to be wilfully ignoring this scandal - has anyone even spoken to them?
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| Quote bren2k="bren2k"I'll post mine on a public forum; WMDC have colluded with Colin Mackie to help YCP avoid their obligations under the s106 agreement - plain and simple. It's in neither parties interest to stump up for the community stadium, but in both their interests to get the site up and running - so they worked out a cunning plan to get Newcold into play without triggering it.
I have no doubt they'll pull the same stunt again, unless the Trust ups the ante sufficiently so that they're less comfortable about playing fast and loose with the ruling of HM Inspector.
I'm glad I asked the question of Mr Box on Twitter the other day - his decision to lie in a public meeting in response may well come back to bite him on the backside; slightly baffling though that the Wakefield Express appear to be wilfully ignoring this scandal - has anyone even spoken to them?'"
I would completely agree with your summary. It's scandalous and I've said before were the community facilities a school or a hospital so many more people would be disgusted by this than just the few hundred or so Wakefield Trinity supporters who currently are.
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| I've just spoken to my own planning specialist on another matter, so I mentioned this debacle to him, in an attempt to get some free advice; his take is that s106 agreements are a planning black hole and are routinely allowed to slip by LA's all over the country. His advice was that the thing most likely to get the LA's attention is a complaint to the Ombudsman - as a former senior planning bod, he recalls the Ombudsman coming in to rummage through the knicker drawer, and no LA wants that to happen; so a complaint will often focus the minds.
Also - do we have a single councillor or MP who is supportive of the development?
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| Quote bren2k="bren2k"Also - do we have a single councillor or MP who is supportive of the development?'"
All of them, but only when they want your vote.
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| I have heard from TRB , IA and Sandal that We have a good friend in Andrea Jenkins who has done more to help in her short time in office than Balls etc have done in past several years. Understand that she working hard for us behind the scene, ie she is not trying to make political gain and have photo opportunity. So that's one friend at least.
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