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High Court dates confirmed - LDC press release



Arthur

Well-known member
Jul 8, 2003
8,761
Buxted Harbour
Easy 10 said:
And if you don't believe that LDC have case, then why don't you believe the stadium will be built ?

(sorry to butt in)

No worries.

As I said, the form suggests we've still got a long way to go and I don't beleive the club has the funds nor the ability to aquire the funds (in it's present state) needed.
 




Curious Orange

Punxsatawney Phil
Jul 5, 2003
10,227
On NSC for over two decades...
Arthur said:
No worries.

As I said, the form suggests we've still got a long way to go and I don't beleive the club has the funds nor the ability to aquire the funds (in it's present state) needed.

So you don't think having planning permission for a new stadium will change anything in financial terms?
 


sparkie

Well-known member
Jul 17, 2003
13,273
Hove
The only pessimism I have, is that at every stage of the long saga, the commentary we've been getting is that 'LDC don't have a case', 'the inspector can only agree with us after hearing the evidence', 'the next stage of the process should happen within weeks', ' a decision is expected in the next 6 months'. At pretty much every stage these observations were in reality shown to be wildly optimistic.

So my reservation now is that based on past experience, are the current views that I read also a little more optimistic than the reality?
 




Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,424
Location Location
The financing of the project is the one area in this plan where we cannot see ALL the specifics at this stage - MP and DK have obviously been at pains to assure everyone that once we get the green light, the finance will be there, and I see no reason to disbelieve that. Why else would the board pursue this application to the bitter end if, at the end of it all, we couldn't afford to do it anyway ? That makes no sense.

MP has stated that the funding to build this stadium will come from a variety of sources such as the Football Trust, business investment and a mortgage on the stadium that will require crowds in the region of around 12,000 to service. Sounds plausible enough to me.
 




Gritt23

New member
Jul 7, 2003
14,902
Meopham, Kent.
Dies Irae said:
DECEMBER!!!!!!!!!!


WTF do the lazy bastards in the judiciary do all f***ing day?

That pretty much sums up what my reaction was.
 




The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
The funding for the stadium was discussed at the public inquiry.

Martin Perry told the Inquiry that, taking into account delays and inflation, and after appropriate grants from a variety of sources (e.g. Sport England, European social development funding, environmental assistance and so on) the club would need to borrow £29m. This was a figure to be paid back over a number of years - possibly 40 if I recall. This was when it was revealed that the club would need a break-even attendance figure of 13,500. Seeing as this is a very achievable figure, the risk from a financing body would be considered not as higher a risk as some may believe.

Whether this break-even figure takes into account funds received for other uses for the stadium and extra unseen income, I am not sure.
 




Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,424
Location Location
Gritt23 said:
That pretty much sums up what my reaction was.
Mine was kind of a weary acceptance, with mild relief that its not next spring or something.
 




Gritt23

New member
Jul 7, 2003
14,902
Meopham, Kent.
Easy 10 said:
Mine was kind of a weary acceptance, with mild relief that its not next spring or something.

I'm sure next spring will come into the equation somehow, either the decision of the high court, or Ruth Kelly, or the period of time during which LDC could come up with another legal challenge. Perhaps take it to the European Court of Human rights or something.

The fury was short lived, as - like you - I'm rather worn down by the process. It's to MP and DK's huge credit that they are not. I've stopped think about dates when I'll know or when I'm watching a game there, but seeing just how drawn out every stage is does continue to piss me off.
 




The Wookiee

Back From The Dead
Nov 10, 2003
15,383
Worthing
blah-sleeping1.gif


:yawn:
 


Brovion

In my defence, I was left unsupervised.
NSC Patron
Jul 6, 2003
19,870
sparkie said:
The only pessimism I have, is that at every stage of the long saga, the commentary we've been getting is that 'LDC don't have a case', 'the inspector can only agree with us after hearing the evidence', 'the next stage of the process should happen within weeks', ' a decision is expected in the next 6 months'. At pretty much every stage these observations were in reality shown to be wildly optimistic.

So my reservation now is that based on past experience, are the current views that I read also a little more optimistic than the reality?
My thoughts exactly. In all the reviews posted on here of the first Enquiry it was always "our boys make the objectors look stupid" - and we lost. Then when there was a delay in getting the result out we were told that it was taking so long because when the Government would eventually find in our favor (which they did) it would have to be absolutely watertight to prevent any legal challenge (which it wasn't).

I don't want to sound like a miserable old moaner but I know from my sources that LDC intend to fight this case every step of the way using every trick at their disposal. If the Appeals process allows them to take this to the House of Lords or The European Court they will do it. If they can find some old medaeval bye-law that says they can refer it to an obscure Papal council that only meets once every fifty years they will do it. They do feel they have a 'good chance', not so much at winning the legal argument (but of course they might) but in delaying the case so long that the club either goes under or there is a regime change and the new owners haven't got the same stomach for the fight that Knight and Perry have. Judging by some of the posts on this thread the odds on the latter option improve daily.
 


Easy 10

Brain dead MUG SHEEP
Jul 5, 2003
62,424
Location Location
Gritt23 said:
I'm sure next spring will come into the equation somehow, either the decision of the high court, or Ruth Kelly, or the period of time during which LDC could come up with another legal challenge. Perhaps take it to the European Court of Human rights or something.
Oh undoubtedly. But at least the process itself will (just about) crank itself into gear again this side of xmas.

Sheesh, last October seems like a lifetime ago. Who'd have thunk it.
 




sully

Dunscouting
Jul 7, 2003
7,938
Worthing
Would it not be possible for Ruth Kelly to deliver her new decision letter at the end of the High Court hearing, having previously drafted it on the basis of having to consider each of the points of LDCs objections? That might speed things up a bit.

At the end of the day, I'm assuming she'll have to argue the points at the hearing, so it's not like the information won't have been considered.

Also, someone mentioned that the judge will take 4 months or so to announce his decision. Why is the period that long when he'll only have 2 days of evidence in front of him? Does he need a holiday to mull it over or something?
 


Seagull73

Sienna's Heaven
Jul 26, 2003
3,382
Not Lewes
Brovian said:
I don't want to sound like a miserable old moaner but I know from my sources that LDC intend to fight this case every step of the way using every trick at their disposal. If the Appeals process allows them to take this to the House of Lords or The European Court they will do it. If they can find some old medaeval bye-law that says they can refer it to an obscure Papal council that only meets once every fifty years they will do it. They do feel they have a 'good chance', not so much at winning the legal argument (but of course they might) but in delaying the case so long that the club either goes under or there is a regime change and the new owners haven't got the same stomach for the fight that Knight and Perry have. Judging by some of the posts on this thread the odds on the latter option improve daily.

They intend to fight it all the way, however, they only have a certain amount of money, and no way of raising any more to fight it if Kelly says yes again.

Remember, Albion, despite however small, Albion still have regular income, and a group of people behind them all the way. LDC have lots of other things to spend money on, and they cannot continue to justify spending money on this when they don't have the support for the money.

Any more spent on this will surely call in the government's inspectors on how funds are being appropriated within their budgeting.
 


It doesn't help us, but the Govt has recognised the delays to developments caused by the Planning Enquiry process and are planning to introduce legislation to change the system.

Unfortunately, there is a huge delay in arranging inspectors for these cases. Obviously more Inspectors would help the system and quicken hearings.

But people must be aware the same legislation the Govt are wanting to introduce, is geared to minimise local opposition to developments. EG to get Nuclear power stations thru without proper assessment of local issues, their implications on the environment.

LC
 


Brovion

In my defence, I was left unsupervised.
NSC Patron
Jul 6, 2003
19,870
Seagull73 said:
They intend to fight it all the way, however, they only have a certain amount of money, and no way of raising any more to fight it if Kelly says yes again.

Remember, Albion, despite however small, Albion still have regular income, and a group of people behind them all the way. LDC have lots of other things to spend money on, and they cannot continue to justify spending money on this when they don't have the support for the money.

Any more spent on this will surely call in the government's inspectors on how funds are being appropriated within their budgeting.
What you say is true, which is why LDC use delaying tactics: not discussing Stadium matters at the first available opportunity and getting their solicitor to have 'unbreakable committments' being but two. Also don't forget they are getting fighting funds from other sources such as FPC and various tree-hugger groups.

However I do believe that as long as we keep at it we WILL win, but it ain't going to be over any time soon.
 




DTES

Well-known member
Jul 7, 2003
6,022
London
I'm not sure which "Human Right" LDC would be able to claim over.

The only one relevant "right" here is surely the right to appeal - and they have (sadly) been given that right - they can't challenge that.

So surely there's nothing else to take it to the ECHR under? I don't believe there is a fundamental human right to not have your nearest field-next-to-a-dual-carriageway developed...
 


seagullsovergrimsby

#cpfctinpotclub
Aug 21, 2005
43,946
Crap Town
What is the betting the LDC solicitor has a skiing holiday booked for the beginning of December ? I reckon personally the decision from the judge wont be until the beginning of the new year at the earliest giving Ruth Kelly three months to make a decision announcement just before the 2007 local elections.
 


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