Objection - Further Action Required by 29-9 : Thu Sep 20, 2018 7:28 pm
|
Many thanks to all who have submitted objections to the Planning Permission at Newmarket. We do however require as many of you as possible to further object to the proposed solution put forward by WMDC which would seek to take a small amount from each proposal brought forward which would never amount to sufficient value to complete the Community Stadium and certainly not in my lifetime!
There are 2 letters, one for those who haven't as yet submitted an objection, and one for those that have! Remember - you can log onto the Planning portal at wakefield.gov.uk and, using the reference 18/01169/FUL insert your objection, or you can email devcontrol@wakefield.gov.uk. Remember to put you name, full address and the date on your submission. We believe you can object from outwith the Wakefield area. Thank you for your help - again! Letter 1 - for those who have NOT yet submitted an objection: I have just noticed the recently validated planning application (18/01169/FUL) for the erection of a warehouse unit at Newmarket Lane, Stanley and feel that under the current circumstances that I must strongly object. The application has been submitted by Yorkcourt (2008) Limited who were granted Outline Consent following a Public Inquiry for this site in December 2012 on condition that a Community Stadium be built once 60,000m2 of floorspace had been built and occupied and was covered in a Unilateral Undertaking that Yorkcourt gave to Wakefield Council. Yorkcourt have done very little with the site other than the Newcold cold store which due to its height was the subject of a “stand alone” application in which you specifically excluded the floorspace from the obligation of the Unilateral Undertaking on legal advice, which I understand following Freedom of Information requests you are unable to provide. We are no nearer to the Community Stadium being constructed than where we were almost 6 years ago when permission was granted. The Outline Consent granted in December 2012 would have expired by now but a Reserved Matters application was submitted just before its expiry but this application remains undecided some 9 months on. I note that this new application is a full application and not part of the Reserved Matters application so must be outside the Outline Consent and therefore is a new application in accordance with the Local Development Framework. This new application is the perfect opportunity for the Council to fulfil its obligations as Local Planning Authority and ensure that what Yorkcourt promised HM Planning Inspector at the Public Inquiry and the Secretary of State is finally delivered and that they are not allowed to renege on their obligations. I have noticed the letter from Michael Eaglestone to Yorkcourt (2008) Limited dated 6th September 2018 requesting a contribution towards the development of a new Community Stadium and a legal agreement between the Council and Yorkcourt under the provisions of Section 106 of the Town and Country Planning Act 1990. Whilst I commend Mr Eaglestone for his actions I’m afraid his proposal is not acceptable to me and even if agreed by Yorkcourt will be insufficient for me to remove my objection. The proposal is for a proportionate contribution based on the area developed against the total floor area of the profit making element of the development approved under the Outline Consent (10/00225/OUT) utilising the formula contained in Mr Eaglestone’s letter. This provides no guarantee that sufficient funding will ever be realised to build the Community Stadium and there is no stated timescale by which funding has to be provided. Furthermore there is no reference to the inclusion of Newcold which makes the chance of the Community Stadium ever being built as virtually impossible. It also in no way whatsoever reflects what was promised by Yorkcourt at the Public Inquiry in return for the Outline Consent. I therefore believe that the Council should refuse this application unless you make it a condition of consent that Yorkcourt (2008) Limited enter into a new Multi-Party Agreement or similar Legally Binding Agreement involving the Council, the Club (Wakefield Trinity) and the Wakefield & District Community Trust that will ensure the delivery of the Community Stadium to the Trust at Newmarket or some other approved site and on the same terms contained in the Outline Consent and by a defined date. If such a condition and contract is agreed by the Wakefield & District Community Trust and is attached to the consent then I would be happy to remove my objection and support the application. Letter 2 - for those who HAVE already submitted an objection: I write further to my previous comment on the planning application (18/01169/FUL) for the erection of a warehouse unit at Newmarket Lane, Stanley. Since my comment I have noticed the letter from Michael Eaglestone to Yorkcourt (2008) Limited dated 6th September 2018 requesting a contribution towards the development of a new Community Stadium and a legal agreement between the Council and Yorkcourt under the provisions of Section 106 of the Town and Country Planning Act 1990. Whilst I commend Mr Eaglestone for his actions I’m afraid his proposal is not acceptable to me and even if agreed by Yorkcourt will be insufficient for me to remove my objection. The proposal is for a proportionate contribution based on the area developed against the total floor area of the profit making element of the development approved under the Outline Consent (10/00225/OUT) utilising the formula contained in Mr Eaglestone’s letter. This provides no guarantee that sufficient funding will ever be realised to build the Community Stadium and there is no stated timescale by which funding has to be provided. Furthermore there is no reference to the inclusion of Newcold which makes the chance of the Community Stadium ever being built as virtually impossible. It also in no way whatsoever reflects what was promised by Yorkcourt at the Public Inquiry in return for the Outline Consent. I therefore believe that the Council should refuse this application unless you make it a condition of consent that Yorkcourt (2008) Limited enter into a new Multi-Party Agreement or similar Legally Binding Agreement involving the Council, the Club (Wakefield Trinity) and the Wakefield & District Community Trust that will ensure the delivery of the Community Stadium to the Trust at Newmarket or some other approved site and on the same terms contained in the Outline Consent and by a defined date. If such a condition and contract is agreed by the Wakefield & District Community Trust and is attached to the consent then I would be happy to remove my objection and support the application. |
|
Many thanks to all who have submitted objections to the Planning Permission at Newmarket. We do however require as many of you as possible to further object to the proposed solution put forward by WMDC which would seek to take a small amount from each proposal brought forward which would never amount to sufficient value to complete the Community Stadium and certainly not in my lifetime!
There are 2 letters, one for those who haven't as yet submitted an objection, and one for those that have! Remember - you can log onto the Planning portal at wakefield.gov.uk and, using the reference 18/01169/FUL insert your objection, or you can email devcontrol@wakefield.gov.uk. Remember to put you name, full address and the date on your submission. We believe you can object from outwith the Wakefield area. Thank you for your help - again! Letter 1 - for those who have NOT yet submitted an objection: I have just noticed the recently validated planning application (18/01169/FUL) for the erection of a warehouse unit at Newmarket Lane, Stanley and feel that under the current circumstances that I must strongly object. The application has been submitted by Yorkcourt (2008) Limited who were granted Outline Consent following a Public Inquiry for this site in December 2012 on condition that a Community Stadium be built once 60,000m2 of floorspace had been built and occupied and was covered in a Unilateral Undertaking that Yorkcourt gave to Wakefield Council. Yorkcourt have done very little with the site other than the Newcold cold store which due to its height was the subject of a “stand alone” application in which you specifically excluded the floorspace from the obligation of the Unilateral Undertaking on legal advice, which I understand following Freedom of Information requests you are unable to provide. We are no nearer to the Community Stadium being constructed than where we were almost 6 years ago when permission was granted. The Outline Consent granted in December 2012 would have expired by now but a Reserved Matters application was submitted just before its expiry but this application remains undecided some 9 months on. I note that this new application is a full application and not part of the Reserved Matters application so must be outside the Outline Consent and therefore is a new application in accordance with the Local Development Framework. This new application is the perfect opportunity for the Council to fulfil its obligations as Local Planning Authority and ensure that what Yorkcourt promised HM Planning Inspector at the Public Inquiry and the Secretary of State is finally delivered and that they are not allowed to renege on their obligations. I have noticed the letter from Michael Eaglestone to Yorkcourt (2008) Limited dated 6th September 2018 requesting a contribution towards the development of a new Community Stadium and a legal agreement between the Council and Yorkcourt under the provisions of Section 106 of the Town and Country Planning Act 1990. Whilst I commend Mr Eaglestone for his actions I’m afraid his proposal is not acceptable to me and even if agreed by Yorkcourt will be insufficient for me to remove my objection. The proposal is for a proportionate contribution based on the area developed against the total floor area of the profit making element of the development approved under the Outline Consent (10/00225/OUT) utilising the formula contained in Mr Eaglestone’s letter. This provides no guarantee that sufficient funding will ever be realised to build the Community Stadium and there is no stated timescale by which funding has to be provided. Furthermore there is no reference to the inclusion of Newcold which makes the chance of the Community Stadium ever being built as virtually impossible. It also in no way whatsoever reflects what was promised by Yorkcourt at the Public Inquiry in return for the Outline Consent. I therefore believe that the Council should refuse this application unless you make it a condition of consent that Yorkcourt (2008) Limited enter into a new Multi-Party Agreement or similar Legally Binding Agreement involving the Council, the Club (Wakefield Trinity) and the Wakefield & District Community Trust that will ensure the delivery of the Community Stadium to the Trust at Newmarket or some other approved site and on the same terms contained in the Outline Consent and by a defined date. If such a condition and contract is agreed by the Wakefield & District Community Trust and is attached to the consent then I would be happy to remove my objection and support the application. Letter 2 - for those who HAVE already submitted an objection: I write further to my previous comment on the planning application (18/01169/FUL) for the erection of a warehouse unit at Newmarket Lane, Stanley. Since my comment I have noticed the letter from Michael Eaglestone to Yorkcourt (2008) Limited dated 6th September 2018 requesting a contribution towards the development of a new Community Stadium and a legal agreement between the Council and Yorkcourt under the provisions of Section 106 of the Town and Country Planning Act 1990. Whilst I commend Mr Eaglestone for his actions I’m afraid his proposal is not acceptable to me and even if agreed by Yorkcourt will be insufficient for me to remove my objection. The proposal is for a proportionate contribution based on the area developed against the total floor area of the profit making element of the development approved under the Outline Consent (10/00225/OUT) utilising the formula contained in Mr Eaglestone’s letter. This provides no guarantee that sufficient funding will ever be realised to build the Community Stadium and there is no stated timescale by which funding has to be provided. Furthermore there is no reference to the inclusion of Newcold which makes the chance of the Community Stadium ever being built as virtually impossible. It also in no way whatsoever reflects what was promised by Yorkcourt at the Public Inquiry in return for the Outline Consent. I therefore believe that the Council should refuse this application unless you make it a condition of consent that Yorkcourt (2008) Limited enter into a new Multi-Party Agreement or similar Legally Binding Agreement involving the Council, the Club (Wakefield Trinity) and the Wakefield & District Community Trust that will ensure the delivery of the Community Stadium to the Trust at Newmarket or some other approved site and on the same terms contained in the Outline Consent and by a defined date. If such a condition and contract is agreed by the Wakefield & District Community Trust and is attached to the consent then I would be happy to remove my objection and support the application. |
|
|
