Quote ="wakefieldwall"Reading between the lines they know they can get away with lying because a rugby league club doesn't have the bank balance to take them to court?'"
Well, that would be a grave mistake on WMDC's part and it would be them 'in the dock' because as Sandal Cat has pointed out, they are LPA (Local Planning Authority) and it is their job to enforce the S106! So, Peter Box can spout all the rubbish he likes on the radio but they continue to be unable to answer why they allowed the Newcold development to go ahead without insisting on a new or additional complimentary S106? It matter not one jot what the SoS did or did not do, when it comes to Newcold, they had the power and indeed should have enforced the original principal of the S106 and they didn't!
He said last time he was on the radio, they took legal advice, but that is untrue because they have been asked to produce a copy of the legal advice under two FOI requests and WMDC have confirmed, twice, that they no record of any legal advice!
In the original public inquiry report WMDC said that they would prefer a Multi-party agreement to a UU, but the SoS (HM Inspector) said he was willing to accept a UU. So the draft UU was presented to the inquiry, which WMDC then had AMENDED by the developer but still claim was not up to them, it was all the SoS fault!
So, when Newcold came along as a standalone application then WMDC had an opportunity to insist on a new S106 agreement and they could have got exactly what they wanted and asked for at the inquiry, a new Multi-party agreement! So, why didn't they?
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?