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 ??

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.

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

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.

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.

That's the nub of it.

Do they even know who gave this apparent legal advice? Surely they have the name of the firm, if not an official record of what was said. A record of payment for this advice perhaps. Or was it a in house lawyer?

Who was the guy Yorkcourt used at the inquiry? Andrew somebody? Probably him.

I more or less agree with every thing that is being said on here about the club being shafted but at the time of the PI the residents of Newmarket were being portrayed as NIMBY's and a certain lady was getting the dogs abuse on here for objecting.

They do not hold it. You'll have to draw your own conclusions.

I conclude they never got any legal advice because if they did, the firm in question would hold professional indemnity insurance to a minimum of 2m and a potential claim could be made against them for negligent advice.

In addition, the fact they refused to provide some of the info requested under freedom of information and have threatened the people involved with a libel suit speaks volumes, as does the fact they can't produce any evidence that the fact Newcold would not count to the s106 was readily available before it was too late to object.

At a time when government cuts are biting deep, the suggestion they would spend money on a libel suit is testimony to the despicable character of the senior people within Wdmc who definitely care more about themselves then the people they are elected to serve

is this not a good reason to get a formal inquiry going or are we afraid of burning some kind of bridge here, stinks to high heaven

And Mr Cubbage.

It's true, they fought for what they believed and so did we. Turns out we didn't understand the bigger picture - perhaps!

Surely this is worth taking to the Local Government Ombudsman Scheme as part of a complaint then the whole issue may possibly be reviewed at no legal cost to any party?

Developer wants to develop on greenbelt. Local authority proposes developer uses community facilities as a tool of greasing the planning wheels whilst advising they don't need to worry about providing them with the use of a loophole. Planning is approved with a S106 not worth the paper it's written on. Developer submits application using loophole highlighted earlier. Council say they can't refuse it due to some conjured up legal advice. Separate planning application approved outside of the 106. S##t hits the fan. Developer cracks on with his shed, council stay it's nothing to do with them.

As Smew said it's hard not to conclude this was a cleverly orchestrated long term plan rather than incompetence. It may have gone unnoticed if not for the tiny detail of the legal aid faux pas.

She had every right to object and she was given ample opportunity. The WMDC/Secretary of State having considered hers and other objections decided to the planning application in the public enquiry on the basis of the benefits that the S106 agreement would provide.

On that basis the Newmarket residents would be imposed with a development approx 80%? industrial units and 20%? Community facilities - hard to swallow for them, but that is what was approved.

How hard must it now be for them to swallow the fact that it will probably end up as 100% Industrial units and 0% Community facilities?

Not sure how they may feel about that, but perhaps they are laughing their socks off at the rugby fans misfortune.

They were duped, as were we Wakefield fans and Wakefield constituents as this was all a cleverly devised plan to do exactly what has happened.

So, I was looking at Joanne Roney's response to Mary Creagh's letter and then looking at the s106 document.
The thing that gets me is her parting shot:
[i"However, the delivery of a new facility is principally a matter for the Trust not the Council"
[/i
It was a unilateral offer, ok, but it was prompted by a planning requirement from the SoS and it's a planning obligation directed to WMDC as the planning authority for the project. WMDC are in charge of planning matters for the district. This is a planning matter. The trust are only named in the s106 as facilitators for the delivery of stadium, they have no authority to enforce a s106, that's WMDC's job. The trust are there to organise the build, not enforce planning criteria.

One other thing, which worries me. The s106 has two criteria for the trigger. The 60000 sq.m. and the £2million 'stadium payment'. It states, "the entering into of a funding agreement between the Council and the Trust to make the Stadium Payment to the Trust OR the Trust demonstrating to the satisfaction of the Developer that it has secured additional funding of an equivalent amount". Which means if the council no longer want to stump up, and even if 60000sqm is built, we'd have to find the £2million ourselves.

It seems we are still having difficulty getting our side of the story out. The initial press response was particularly disappointing.
Would it be worth organising a publicity day on the Precinct? Similar to the petition day, which was a great success, but this time distributing (carefully worded) leaflets, (checked by a lawyer?)
If possible, the day before the Leigh cup tie would be ideal.
Include little scaremongering/reality check about the precarious position we find ourselves in and the real threat to the very existence of the club. Something along the lines of "last chance to see" as it really could be the last time Trinity appear on national TV, ever! Direct them to the ridings shop to buy tickets for the match and show their support (at discount prices). It could also be an opportunity to get people to join the Supporters' Trust and 1873 lottery and direct people to the social media that is out there.

It's easy for me to say from 8000 miles away because I won't be doing the organising or even handing out the leaflets, but worth a shot?
Thanks again for all your hard work, but keep going!

Are you going for a case of all or nothing or would there be any mileage in accepting something rather than nothing? For example if Yorkcourt came and said they would buy back Belle Vue along with the surrounding land which is for sale and donate it to the club/trust would that be acceptable given it would instantly save the club 125K a year and ensure we were not homeless or would have to leave the city which is a death sentance? Plus it would save on a expensive legal battle that has no guarantee of a win at the end of it and would at least ensure the club survives in some way. Is it feasible? There would be no money to redevelop right now obviuosly but if it's Newmarket or bust it's probably going before a judge and if and we lose then Belle Vue will have to be ditched, the club moves and shortly after the club dies.

Along with a small amount of funding from the developer and then an agreement from the council to reinstate the £2 Million and underight a redevelopment loan to the club that might be a way forward.

One things for sure, the arrogance of some characters involved will not allow them to completely lose face and their position of authority. A back door way out might need to be provided in order to make a resolution paletable

Good point - me I'd bite their hand off but I don't know what TRB and IA do or how that leaves the Trust and the club etc.

At least its a start and gives us a future. It also means that we could all be it slowly redevelop the ground as Featherstone's has. Never been convinced by this minimum standard stuff. Frankly if we had at least two modern stands a bit more parking I don't think you'd get a peep off the RFL. Just my opinion.

I agree this scenario sounds a decent compromise. I think as we are the chances of getting everthing we want (maybe anything if it's a court battle) are probably zero so we are going to have to find some middle ground somewhere otherwise we are screwed. If as TRB has said the developer has offered something already then there is maybe scope to get something out of it with some negotiation. The council will probably claim that the £2 million is unaffordable but it could be paid to the trust in half a million installments over four years and ring-fenced for ground development which could be carried out piecemeal over a longer period. Featherstone is a great example of what can be done and their ground now is a credit to the people there.

Is it ideal? No, but it's better that the club disappearing altogether and must be worth a try. Wakefield Trinity live to fight another day, Yorkcourt get the land at Newmarket and the council get the wider kudos of appearing that they helped make it happen, even if ultimately we will know different.

We are willing to negotiate. That's what the Stadium Trust has been doing for the past year or so and you may recall put a compromise of an 8,000, 2 stand stadium but that was rejected. Yorkcourt made an offer which was unaccepable to the Trust.

Just remember that if we get Belle Vue back and acquire Superbowl Belle Vue is a long way off compying with the new more relaxed Super League minimum standards and would require £m's spending on it to bring it up to those standards. You may get Belle Vue back but without further funds I think we would be consigned to the Championship until BV could be upgraded but agaun where would the funding come from.

No one wants expensive and risky litigatation and that applies I'm sure to the Council and Yorkcourt but if a deal is reached it has to ensure the survival of the Club in a fit for purpose stadium whether thats at Newmarket of Belle Vue. If that cannot be secured by negotiation then fighting through the Courts may be all that's left to us.

Out of interest what was the offer? Having a home, albeit in the championship, is a far greater outcome than a nomadic existence or no club at all.