Community stadium project may face EU probe (From York Press)
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Community stadium project may face EU probe
9:49am Friday 29th June 2012 in News
By Mike Laycock, Chief reporter
An artist’s impression of the proposed new community stadium
EUROPEAN officials have been asked to investigate claims that all major planning decisions by City of York Council since 2004 have been illegal – including Derwenthorpe and the community stadium.
Independent councillor Mark Warters has formally complained to the European Commission that the authority’s failure to adopt a Local Development Framework (LDF) breaches a 2001 directive.
He said permission had been granted for the 540-home Derwenthorpe scheme and stadium and superstores at Monks Cross without strategic environmental assessments being completed, and said these were mandatory, not optional.
He said he had decided to act after the council had repeatedly refused to earmark any of the £5.265 million raised from the sale of the Derwenthorpe land to the local community.
He said: “If people say I am putting a spanner in the works, they are wrong - I am putting the entire tool box in the works.”
He claimed the council could not choose to delay or dilute the 2001 directive, which demanded environmental protection and sustainable development by 2004.
The complaint may fresh cast doubt over the controversial proposals for a stadium and superstores at Monks Cross, just days after the Government allowed planning permission granted by the council to stand, although the council said it disputed Coun Warters’ claims and did not expect any further delays.
Coun Warters said to the Commission: “In the event that the requirements of the directive have not been met, can you confirm that the UK Government and City of York Council must immediately revoke the planning permissions granted for Derwenthorpe and Monks Cross 11, and that any development must cease?”
The Osbaldwick councillor revealed he had taken advice before sending the letter from an unnamed expert in European law who made a complaint several years ago about the sale of land for the Derwenthorpe scheme by the council to the Joseph Rowntree Housing Trust.
That complaint resulted in an EC investigation and a two-year delay in Derwenthorpe before the Commission eventually concluded the deal had not complied with EU public procurement law, but also decided not to refer the matter to the European Courts.
Council leader James Alexander said: “This is more sour grapes from Coun Warters who, as ever, is unprepared to accept decisions that have been made democratically. He can continue to fight his case and try to delay things, but I’m convinced he will have to accept these decisions sooner or later.”
Andy Docherty, the council’s head of legal services, said: “The council has a statutory duty to determine any planning applications made; that duty has not been overridden by the directive. It is incorrect to suggest otherwise.
“The directive requires assessments to be carried out on a wide range of public plans when they are being produced. The Government produced regulations which implemented the directive. The Government did not introduce legislation in respect of LDFs so as to comply with the directive, although when an LDF is being prepared it is subject to the rules in the directive. There is no reason to suggest this will delay either the start or the completion of any major development schemes in the city which have been approved”
Coun Warters said: “If the council has fully complied with European law, they have nothing to worry about. I am simply asking the Commission to investigate whether they have done so.”
He said the complaint concerned the 2001 Strategic Environmental Assessment Directive.
He said to fulfil its obligations under the directive, the UK Government created legislation requiring local authorities to produce LDFs, but York’s was not completed and now even the draft version was being withdrawn following the Monks Cross decision.
Comments(80)
roskoboskovic
says...
10:05am Fri 29 Jun 12
TerryYork
says...
10:08am Fri 29 Jun 12
Move back to Birmingham, and get a shave.
Woody Mellor
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10:09am Fri 29 Jun 12
TerryYork wrote:Traitor? Please expand.
Mark Warters - what a scruffy looking attention seeker. Another traitor, who according to a quick internet search, isn't even originally from York and is some hippy on a crusade.
Move back to Birmingham, and get a shave.
The Great Buda
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10:15am Fri 29 Jun 12
PhilipInYork
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10:16am Fri 29 Jun 12
Just wanted his name in the paper I'm sure. Own goal.
Harrison87
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10:20am Fri 29 Jun 12
Sir Alex wrote:Why are there so many drainers in york. life is to short to keep on moaning about a building that is going to be built either way. I'm with Alex on this one, Get over it!
Scruffy Coun Warters sounds like a Luton fan still claiming offside.
Get over it! Its finished!!
The Legend Of Keith
says...
10:22am Fri 29 Jun 12
Fat Harry
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10:32am Fri 29 Jun 12
Indpendent my a**e.
Time to come out of the closet Mr Warters! Which are you, Tory or Green?
YodaatYork
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10:40am Fri 29 Jun 12
YodaatYork
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10:48am Fri 29 Jun 12
Old_Man
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10:48am Fri 29 Jun 12
akuma
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10:55am Fri 29 Jun 12
Stop scrapping the barrell looking for loopholes, its been voted in, and will create much needed jobs.
Get over it and move on.
YodaatYork
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10:59am Fri 29 Jun 12
steve_york
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10:59am Fri 29 Jun 12
Fat Harry
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11:02am Fri 29 Jun 12
The stadium got massive support from the people of York, which was reflected in the overwhelming vote by the planning committee after a thorough eight-hour debate.
Get over it, move on, and stop trying to drag our city back to the middle ages.
Old_Man
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11:05am Fri 29 Jun 12
YodaatYork
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11:06am Fri 29 Jun 12
The Great Buda
says...
11:07am Fri 29 Jun 12
YodaatYork wrote:Thanks for that Mr Warters.
Also, its a bit of a contradiction isn't it to say Mr Warters is an attention seeker and that he is scruffy. Surely if he is scruffy, that means he isn't so bothered about his appearance and how people view him personally. Also, if he was an attention seeker, what has he got to gain from it? He is not in party politics so isn't looking to pursue a career. I suppose you think he should take advice from high calibre, genuine and honest politicians like Tony Blair and David Cameron?
nearlyman
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11:08am Fri 29 Jun 12
steve_york
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11:08am Fri 29 Jun 12
lowbeam
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11:08am Fri 29 Jun 12
HOWSHAM
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11:10am Fri 29 Jun 12
YodaatYork
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11:11am Fri 29 Jun 12
The Great Buda
says...
11:15am Fri 29 Jun 12
YodaatYork
says...
11:18am Fri 29 Jun 12
The Great Buda
says...
11:20am Fri 29 Jun 12
Ever heard the phrase "Jonny come lately"?
BioLogic
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11:28am Fri 29 Jun 12
Old_Man wrote:Completely agree. Mr Warters is just doing his job and holding the authority to account for the things they should have doen and have not. Public Bodies in the UK have a habit of assuming they are right because they couldn't possibly be wrong, because they are a public body.
It's a shame some of the regular commentators on this website can't follow Mark Warters example by actually getting off their backsides and doing something about their city, as opposed to sniping from their keyboards and complaining about everything just for the sake of it. I wish he was my councillor (although I'm reasonably happy with the ones I have), as at least he stands up to the likes of Alexander et al who ride roughshod over everybody and everything. The one great thing about local politics is that people like Mark Warters get a voice that can be heard. Far more effective than being a self proclaimed expert about everything on local newspaper comments sections. So, a lesson to all you trolls. Get off your backsides and get politically active. Don't worry, you can always record Jeremy Kyle to watch later...
It needs people like Mr Warters to hold them to account.
YodaatYork
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11:29am Fri 29 Jun 12
ColdAsChristmas
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11:33am Fri 29 Jun 12
The Great Buda
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11:38am Fri 29 Jun 12
Good grief there are some blinkered views on here today.
steve_york
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11:40am Fri 29 Jun 12
The Great Buda
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11:43am Fri 29 Jun 12
steve_york wrote:I think they've put your name forward for providing a free taxi servivce; that or free firemans lifts - the exact details escape me.
anyone care to help me understand how they will solve the traffic issue?
If I where you I'd get some weight training done. Just in case.
YodaatYork
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11:44am Fri 29 Jun 12
steve_york
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11:47am Fri 29 Jun 12
again
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11:48am Fri 29 Jun 12
The people of York undoubtedly want this development so perhaps Mark Warters will put his own money on the line if he believes otherwise? Why should his little scheme be financed by you or I?
steve_york
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11:52am Fri 29 Jun 12
yorkguy
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11:55am Fri 29 Jun 12
Of course I don't expect to be seeing Mr Warters in John Lewis!
speaks99
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11:57am Fri 29 Jun 12
Why should we allow the EU to stick their noses in?
YodaatYork
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12:01pm Fri 29 Jun 12
YodaatYork
says...
12:05pm Fri 29 Jun 12
The Great Buda
says...
12:05pm Fri 29 Jun 12
greenmonkey
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12:09pm Fri 29 Jun 12
YodaatYork
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12:13pm Fri 29 Jun 12
steve_york
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12:15pm Fri 29 Jun 12
The Great Buda
says...
12:26pm Fri 29 Jun 12
steve_york wrote:Flying monkeys, giving people a lift on their backs.
nope, still noone with an answer regarding the traffic problem that will eventually arrive!
Fat Harry
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12:35pm Fri 29 Jun 12
Smiler
says...
12:52pm Fri 29 Jun 12
steve_york wrote:how about the huge park and ride that is on site?
nope, still noone with an answer regarding the traffic problem that will eventually arrive!
don't put a public car park for more than two hours on site (therefore no football traffic) and provide a bus service between p&r's therefore spreading the traffic on match day.....
traffic porblem solved
Tell the EU to stick it. then Spain, greece and perhaps some others would go bankrupt and we would be blamed
YodaatYork
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12:58pm Fri 29 Jun 12
YSTClinguist
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1:01pm Fri 29 Jun 12
jimmy120883
says...
1:11pm Fri 29 Jun 12
As the headline states "Community stadium project MAY face EU probe".
MAY is the word that stands out i MAY win the euro lottery tonight doesn't mean its going to happen and most likly wont.
cop-at-heart
says...
1:23pm Fri 29 Jun 12
'he had decided to act after the council had repeatedly refused to earmark any of the £5.265 million raised from the sale of the Derwenthorpe land to the local community'
We should be grateful that a Councellor is supporting his local community and not just towing the party-line.
colette
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1:37pm Fri 29 Jun 12
The Great Buda
says...
1:53pm Fri 29 Jun 12
cop-at-heart wrote:Looking after his community?
He is damned if he does and damned if he doesn't! Councillor Warters is just looking out for his community... it is unlikely he would of pushed on this issue if the council had allocated some of the revenue to go back to the local community!!
'he had decided to act after the council had repeatedly refused to earmark any of the £5.265 million raised from the sale of the Derwenthorpe land to the local community'
We should be grateful that a Councellor is supporting his local community and not just towing the party-line.
More like trying to damage others.
How will two shops and a whole host of community facilities at Huntingdon effect Osbaldwick?
YodaatYork
says...
2:01pm Fri 29 Jun 12
The Great Buda wrote:What is proposed at Monks Cross isnt just a couple of shops and community facilities. The original proposals were for a massive expansion of Monks Cross, part of which was refused, part of which was passed. That was just pantomime. There will be further planning applications in the future once the dust has settled, you only have to look at the bits of land around Monks Cross which have been set aside and the land at Osbaldwick in search area B. It seems there is a desire to build right up to the ring road in York and beyond it. Whether that is a good thing or a bad thing, depends on your point of view. It is nice to think of going to a big John Lewis store, but not so nice to spend an hour in heavy traffic to get there.
cop-at-heart wrote: He is damned if he does and damned if he doesn't! Councillor Warters is just looking out for his community... it is unlikely he would of pushed on this issue if the council had allocated some of the revenue to go back to the local community!! 'he had decided to act after the council had repeatedly refused to earmark any of the £5.265 million raised from the sale of the Derwenthorpe land to the local community' We should be grateful that a Councellor is supporting his local community and not just towing the party-line.Looking after his community? More like trying to damage others. How will two shops and a whole host of community facilities at Huntingdon effect Osbaldwick?
PG Haxby
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2:11pm Fri 29 Jun 12
Even AndyD
says...
2:17pm Fri 29 Jun 12
Interesting times once more with this saga.
The Great Buda
says...
2:23pm Fri 29 Jun 12
YodaatYork wrote:You have such a poor grasp of the facts.
The Great Buda wrote:What is proposed at Monks Cross isnt just a couple of shops and community facilities. The original proposals were for a massive expansion of Monks Cross, part of which was refused, part of which was passed. That was just pantomime. There will be further planning applications in the future once the dust has settled, you only have to look at the bits of land around Monks Cross which have been set aside and the land at Osbaldwick in search area B. It seems there is a desire to build right up to the ring road in York and beyond it. Whether that is a good thing or a bad thing, depends on your point of view. It is nice to think of going to a big John Lewis store, but not so nice to spend an hour in heavy traffic to get there.
cop-at-heart wrote: He is damned if he does and damned if he doesn't! Councillor Warters is just looking out for his community... it is unlikely he would of pushed on this issue if the council had allocated some of the revenue to go back to the local community!! 'he had decided to act after the council had repeatedly refused to earmark any of the £5.265 million raised from the sale of the Derwenthorpe land to the local community' We should be grateful that a Councellor is supporting his local community and not just towing the party-line.Looking after his community? More like trying to damage others. How will two shops and a whole host of community facilities at Huntingdon effect Osbaldwick?
For instance: "The original proposals were for a massive expansion of Monks Cross, part of which was refused, part of which was passed. "
Top tip: Try researching before posting.
telos
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2:42pm Fri 29 Jun 12
PKH
says...
2:52pm Fri 29 Jun 12
buffsteve24
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3:12pm Fri 29 Jun 12
YodaatYork
says...
3:14pm Fri 29 Jun 12
YodaatYork
says...
3:19pm Fri 29 Jun 12
buffsteve24 wrote:No, don't bow, simply ask the bureaucrats in Brussels to look how the bureaucrats in York work. I'm sure there are lessons to be learned on both sides.
Bow down to the globalist power that is the EU
ColdAsChristmas
says...
3:42pm Fri 29 Jun 12
Nice to see something agreeable from greenmonkey too and a few other commentators. CoYC have got an excellent record of wasting our money and this will be another if not stopped in its 'tracks.' (Pun intended)
TheTruthHurts
says...
3:58pm Fri 29 Jun 12
YodaatYork wrote:Come on... do we really have to do the research or can you just tell us?
There is more to this than meets the eye, look into the past ownership of the Derwenthorpe site and the Monks Cross II site, then look into the failure to adopt the Local Plan and the withdrawal of the Local Development Framework. Yes, I do my research as did the QC who advised Mr Warters.
greenmonkey
says...
4:49pm Fri 29 Jun 12
TheTruthHurts wrote:As with the Barbican, Castle Piccadilly and the failed HQ project on Hungate, they all involve some council owned land, granting themselves planning permission, requiring the 'scrutiny' of the secretary of state before approval is confirmed.
YodaatYork wrote: There is more to this than meets the eye, look into the past ownership of the Derwenthorpe site and the Monks Cross II site, then look into the failure to adopt the Local Plan and the withdrawal of the Local Development Framework. Yes, I do my research as did the QC who advised Mr Warters.Come on... do we really have to do the research or can you just tell us?
Woody Mellor
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5:06pm Fri 29 Jun 12
Mr Crabtree
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5:42pm Fri 29 Jun 12
Even if this comes to nothing more than a slapped wrist against the council, it acts as a reminder to councillors and officers, that their actions are closely watched by people like Coun Mark Warters, and this will hopefully deter them from bending the rules to their advantage, which they seem to have a habit of doing.
Their decisions and policies are not always in the interests of those they serve, and their 50% affordable housing policy is evidence of this. This unworkable target was unjustly set having not been justified by an evidence-based viability study, and resulted in the loss of hundreds of millions to York's economy. Those responsible will eventually be made to answer for their irresponsibility.
Magicman!
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2:48am Sat 30 Jun 12
FRAZER1405
says...
7:55am Sat 30 Jun 12
TerryYork wrote:TerryYork,
Mark Warters - what a scruffy looking attention seeker. Another traitor, who according to a quick internet search, isn't even originally from York and is some hippy on a crusade.
Move back to Birmingham, and get a shave.
Get your facts right before you send rubbish like this , my guess is the internet search you did, spelt warters without the the ( r ) mark was born in york and i should know i grew up and went to school with him all of which was in york ! not birmingham .
ReginaldBiscuit
says...
8:10am Sat 30 Jun 12
It's kerfuffle over nothing. The EU has considerably bigger fish to fry at the moment than deal with what, on the face of it, appears to be sour grapes.
Do what 99% of other european states do, go ahead and build it. EU rule from Brussels will be a thing of the past soon. Give them the finger.
bunties
says...
11:45am Sat 30 Jun 12
The project will hugely benefit the York community both socially and economically so I hope the project will now move rapidly on.
spiritofyork
says...
11:45pm Sun 1 Jul 12
Dave Taylor
says...
12:31am Mon 2 Jul 12
However, to put some commentators right, there were more people who objected to this proposal than supported it, so most citizens can see it will do more harm than good.
I appreciate that some fans of YCFC are obsessive about their club and put it before their city, but that's no excuse for elected Councillors being distracted by a football stadium instead of seeing the massive harm to jobs, investment, transport, pollution and congestion that this will cause.
It goes against national policy and goes against local policy - so much so that the Council has had to flush its Local Development Framework (strategy for the next 20 years) down the toilet as a result of making this decision. That will be a monumental disgrace for generations to come.
Even AndyD
says...
8:23am Mon 2 Jul 12
I along with many others believe two more stores will not kill the city centre in the same way that the orignal MX, Designer Outlet and Clifton Moor haven't. Before all of these we had the same doom-sayers saying the same things.
I seem to recall that there were more official fors than againsts in the planning saga - despite a massive campaign complete with leaflets and meetings by C4Y. I would also respectfully suggest that in planning, those who disagree with a project are more likely to write-in than those who are for it. Similarly, it was interesting that the Press never ran a simple for/against poll - I think we both know what the answers would have been.
What irks me is councilors put petty party politics before what is good for York. I see it time and again, all of you rallying behind the same banner of your party, swearing that you are motivated by anything other than the whip you so plainly follow. Mr Warters is at least independent, although his motivations remain to be seen. I'd be saddened if he were risking jobs, investment, leisure facilities and yes, professional sport in this city just to satisfy some agenda.
A lot of hard work has gone into giving citizens something most other towns and cities enjoy. At last we might not see droves of shoppers going to Leeds, Sheffield and the Metro Centre. It would be shame if it were all to go to waste due to a councilor hunting down minute legal intricacies. A lot of people also would be very angry imho - once again seeing their city being used as a political football by politicians. Now THAT would be a 'monumental disgrace' and about as far from democracy as one could possibly get. Remember this has now been approved at local and national level.
We watch with interest.
Mr Crabtree
says...
12:43pm Mon 2 Jul 12
Just to correct you, it was not approved at national level. The Secretary of State's decision not to call in the application, was not an approval. The SoS was clear that he wished the decision to be taken locally, and therefore did not get involved. If there are any detrimental consequences arising from this decision, it will be those who approved it who must accept responsibility.
One of the major ramifications was the withdrawal of the LDF, and I note that the LDF Working Group meeting scheduled for tomorrow has been cancelled, as was the meeting in May. The next meeting is 3rd September, which will be five months after the last one held in April. Last year there was a six-month period between April and October when the LDF WG had no meetings. It is shocking that such an important process is not taken more seriously, and the infrequency of meetings perhaps tells us why the LDF in in it's eighth year of preparation. It's a disgrace. ,
Mr Crabtree
says...
12:53pm Mon 2 Jul 12
AndyD wrote, ".... A lot of people also would be very angry imho - once again seeing their city being used as a political football by politicians....."Is this the same political football that they have turned the affordable housing policy into ? A policy that killed housebuilding in the city, depriving local firms of business, the loss of local building jobs, the loss of hundreds if not thousands of homes, and the loss of hundreds of millions to York's economy. All because of the ideological political beliefs of a few left wing councillors and politicised officers. It's time these individuals stopped hiding behind the credit crunch. Their thinly veiled excuses are now being exposed as we see houses built in other neighbouring council's while York's completions and planning consents fall behind.
Even AndyD
says...
1:21pm Mon 2 Jul 12
Mr Crabtree wrote:Yes - I knew that. But whilst it may not be legal approval, its tacit approval by omission to call in. The context of my usage was about democracy, not legalities - and as such I stand by what I said.
Andy
Just to correct you, it was not approved at national level. The Secretary of State's decision not to call in the application, was not an approval. The SoS was clear that he wished the decision to be taken locally, and therefore did not get involved. If there are any detrimental consequences arising from this decision, it will be those who approved it who must accept responsibility.
One of the major ramifications was the withdrawal of the LDF, and I note that the LDF Working Group meeting scheduled for tomorrow has been cancelled, as was the meeting in May. The next meeting is 3rd September, which will be five months after the last one held in April. Last year there was a six-month period between April and October when the LDF WG had no meetings. It is shocking that such an important process is not taken more seriously, and the infrequency of meetings perhaps tells us why the LDF in in it's eighth year of preparation. It's a disgrace. ,
Even AndyD
says...
1:24pm Mon 2 Jul 12
Mr Crabtree wrote:Yes, in a word. Political ideology over the requirements of reality.
AndyD wrote, ".... A lot of people also would be very angry imho - once again seeing their city being used as a political football by politicians....."Is this the same political football that they have turned the affordable housing policy into ? A policy that killed housebuilding in the city, depriving local firms of business, the loss of local building jobs, the loss of hundreds if not thousands of homes, and the loss of hundreds of millions to York's economy. All because of the ideological political beliefs of a few left wing councillors and politicised officers. It's time these individuals stopped hiding behind the credit crunch. Their thinly veiled excuses are now being exposed as we see houses built in other neighbouring council's while York's completions and planning consents fall behind.
York needs more homes, York needs a stadium and more 21st Century retail provision. Both are endangered by letting the ideological dog wag the practicality tail. We seem to agree - which is nice. :-)
Even AndyD
says...
9:40pm Wed 4 Jul 12
Dave Taylor wrote:QUOTE FROM 17TH MAY 2012: DAY OF PLANNING VOTE:
I don't agree with everything that Cllr Warters says, but he's a clever lad and it'll be interesting to see how this plays out.
However, to put some commentators right, there were more people who objected to this proposal than supported it, so most citizens can see it will do more harm than good.
I appreciate that some fans of YCFC are obsessive about their club and put it before their city, but that's no excuse for elected Councillors being distracted by a football stadium instead of seeing the massive harm to jobs, investment, transport, pollution and congestion that this will cause.
It goes against national policy and goes against local policy - so much so that the Council has had to flush its Local Development Framework (strategy for the next 20 years) down the toilet as a result of making this decision. That will be a monumental disgrace for generations to come.
Council planning officer Michael Jones says the council has received 2,967 letters supporting the Oakgate application and 2,405 opposing it.
So, Dave Taylor, in what way were more people opposed than for????
Sir Alex says...
10:01am Fri 29 Jun 12
Get over it! Its finished!!