Quote ="Inflatable_Armadillo"Well,............snipped for space
There are only two possible answers to this question, firstly, they took an active decision to exclude Newcold and not insist on a new S106 and while that is not strictly illegal or even unlawful, as the LPA it is there job to ENFORCE S106 agreements, so a clear failure to do so would mean that they acted outside of their powers and are guilty of maladministration! Or they have dropped a huge clanger and are just guilty of pure professional incompetence!
There are not other answers, without any legal advice, which they don't have, so what is the answer Peter?'"
So taking that view, whether they did it on purpose or through maladmin, is there a way back from that (or forward depending on your outlook). Can the council correct the error or is that now done and a different solution needs to be found?
