Jump to content

BRFCS

BY THE FANS, FOR THE FANS
SINCE 1996
Proudly partnered with TheTerraceStore.com

Brockhall STC - planning permission application ?


Recommended Posts

19 minutes ago, Riverside under the drip said:

One PR release hastily cobbled together after pressure from fans and (belatedly) the local press forced a response the next day. People are then relieved about this? Nothing to see here...

Quite. If that lot were jurors and a previously convicted criminal was on trial murder, caught at the scene with blood on his hands, but stood up in court and said well I didn’t do it. One wonders if they’d all sit back and say there we go he said he didn’t do it case closed

Edited by matt83
Link to comment
Share on other sites

2 hours ago, Riverside under the drip said:

One of the more challenging aspects of primary school literacy is always reading comprehension. Understanding the motives, the intentions behind writing not just the written facts. Why are certain words used in a situation? It takes a lot of practice for children but they get it by and large eventually.

A large slice of our fanbase seem to have missed those lessons. The club said it was positive and vital to the future so anyone with doubts is a doom-monger. One on twitter even said the next step was for them to move from Ewood to a 'state-of-the-art' new ground. I mean seriously! One PR release hastily cobbled together after pressure from fans and (belatedly) the local press forced a response the next day. People are then relieved about this? Nothing to see here...

The fact is that we are combining existing needs into a far smaller space. The motive is money. The motive behind not telling fans sooner? Well, it isn't because it would make us too happy is it?!

I fear we are entering the beginning of the end as Venkys try to claw back some money. Let's hope it doesn't end like Coventry/Bolton/Bury/Portsmouth/a load of other examples.

We have the naivest group of social media fans in its short history. Preferring to throw mud at fellow fans different opinions, opinions based on facts.

Too short sighted to realize there is a thing called spin.

Christ some even getting arsey at those calling for a managers head after 4 STRAIGHT DEFEATS and being closer to the bottom 3 than top 6 !

Edited by tomphil
  • Like 6
Link to comment
Share on other sites

2 hours ago, den said:

Under this current regime, we’re heading back to where we were in the 70’s. 
 

Lower league football, no training facilities, no money for the first team and no crowds. 
 

Brings a bit of realisation to Mowbrays comments this week about us being  a long way past a Premier League club. He knows, doesn’t he.

 

As much as I love the club, this isn't the same one I started supporting in the early 90s when I moved into the area.

I won't stick around to watch us struggle along in L1 / L2. I'd just give up on the game altogether. 

  • Like 1
Link to comment
Share on other sites

10 hours ago, chaddyrovers said:

How can anyone be happy in the potential sale of our senior training ground? Potential selling it would be devastating for club, fans and the potential future. 

I see zero benefit from selling the senior training ground complex or even junior training centre.

Rovers need to put a statement out today on what the hell is going on here. This should have done before any applications went in. I am extremely concerned what is going on here and future of our club. 

There is another planning application in for Junior training centre so is the new overall training for all teams. Surely it's not a big enough site to have all teams run from there?

 

There's a huge list of them on Facebook welcoming it. Some even saying downscale Ewood too.

Link to comment
Share on other sites

1 hour ago, tomphil said:

We have the naivest group of social media fans in its short history. Preferring to throw mud at fellow fans different opinions, opinions based on facts.

Too short sighted to realize there is a thing called spin.

Christ some even getting arsey at those calling for a managers head after 4 STRAIGHT DEFEATS and being closer to the bottom 3 than top 6 !

I'm impressed you took on the FB challenge.

I opted for head shaking.

  • Like 1
Link to comment
Share on other sites

15 minutes ago, Rovers Trust said:

The Rovers Trust Board feels very concerned about a dangerous precedent being set here. Its research shows that the Covenant placed at the time of the sale of the Club state that the Club shall not apply for planning permission for and not erect any buildings for residential or commercial use [other than for sports and recreation]. Today’s news flagrantly disregards part of the terms of The Walker Trust sale and it feels strongly that the Club consider this and respond in full as a matter of urgency.

Are covenants legally binding?

Edit All You Need to Know About Covenants (land-registry-documents.co.uk)

Seems a covenant can be overturned either at the request of the people who put the covenant in (Walker Trust) or through a legal process (Tribunal). I think that's basically it but no expert so could be wrong. 

Edited by Hoochie Bloochie Mama
  • Like 3
Link to comment
Share on other sites

8 minutes ago, Hoochie Bloochie Mama said:

The Rovers Trust Board feels very concerned about a dangerous precedent being set here. Its research shows that the Covenant placed at the time of the sale of the Club state that the Club shall not apply for planning permission for and not erect any buildings for residential or commercial use [other than for sports and recreation]. Today’s news flagrantly disregards part of the terms of The Walker Trust sale and it feels strongly that the Club consider this and respond in full as a matter of urgency.

Are covenants legally binding?

 

Yes but could only be enforced by the vendors who now are defunct

Link to comment
Share on other sites

7 minutes ago, Hoochie Bloochie Mama said:

The Rovers Trust Board feels very concerned about a dangerous precedent being set here. Its research shows that the Covenant placed at the time of the sale of the Club state that the Club shall not apply for planning permission for and not erect any buildings for residential or commercial use [other than for sports and recreation]. Today’s news flagrantly disregards part of the terms of The Walker Trust sale and it feels strongly that the Club consider this and respond in full as a matter of urgency.

Are covenants legally binding?

 

I’m not a solicitor, but reading this I believe a covenant can be removed with agreement between the party which imposed the restriction (in this case apparently the Jack Walker Trustees) and the owners of the land (Venkys). 
 

What can landowners do to remove restrictive covenants?

Many landowners assume that when a restrictive covenant is in place it cannot be removed and they just have to live with it. Fortunately, this is not the case.

The first thing to find out is whether or not the covenant is still able to be enforced.  If it is not enforceable then an application can be made to the Land Registry to remove the covenant from the deeds. If it is, it may be possible to negotiate with the party that has the benefit of the covenant to remove by entering into a Deed of Release. There will probably have to be some financial recompense for the release of the covenant.

https://coodes.co.uk/blog/restrictive-covenants-updating-removing/

 

 

Link to comment
Share on other sites

25 minutes ago, Hoochie Bloochie Mama said:

Who are defunct? Walkers Trust? It also says an appeal can be made to an Upper Tribunal. 

 

3 minutes ago, RoversClitheroe said:

It's pretty hard to remove a covenant.

It depends on length of term of the covenant and the ts &cs. 

Some people/organisations have had endless pots of money and not been able to break a covenant.

Yes the Walker trust. I don’t know I’m not a lawyer but I know the covenant can only be enforced by the Walker trust. It’s at this point if it goes further the trust need to lawyer up because is it then a case as the Walker trust no longer exist the club can do what they want without compensation to anyone (as I suspect) or are they bound by something else. 🤷‍♂️.

As far as my understanding goes it’s difficult to break a covenant only when both parties still exist. Unfortunately for us the Walker trust doesn’t. Like I say I’m not a lawyer and hope I’m wrong but sure someone on here knows the legal intricacies

Link to comment
Share on other sites

4 minutes ago, RoversClitheroe said:

It's pretty hard to remove a covenant.

It depends on length of term of the covenant and the ts &cs. 

Some people/organisations have had endless pots of money and not been able to break a covenant.

In the covenant case I mentioned earlier, Rochdale Cricket Club, the club was in a world of debt and ASDA agreed to give them some dosh to pay off the debts and provide them with a new ground. So the cricket club agreed with the sale, the rest of the town's sports fans weren't too happy about it though.

Link to comment
Share on other sites

Good statement.

The Covenant is the key to fighting this appalling proposal.

Wasn't aware the Walker Trust was no longer technically still in existence.From a legal point of view I'd have thought the former members of the Trust would have to give their consent to waiving the covenant. Hope they haven't been paid to agree to do so.

Wonder if the likes of John Williams and Tom Finn could be relied upon to lobby against the proposal and stress it is the absolute last thing Jack would have wanted?

Or would they still be bound by agreements they signed when they left the Club?

 

 

Link to comment
Share on other sites

I always thought that the covenant was in place going back well before the sale to Venkys and was there when Jack Walker took the land from the previous owner at Brockhall. Might be wrong on that but I'd be surprised if there weren't restrictions on use imposed on that land when Walker bought it.

Link to comment
Share on other sites

5 minutes ago, JHRover said:

I always thought that the covenant was in place going back well before the sale to Venkys and was there when Jack Walker took the land from the previous owner at Brockhall. Might be wrong on that but I'd be surprised if there weren't restrictions on use imposed on that land when Walker bought it.

This is my understanding too - had heard whispers before Venkys turned up that the club couldn't sell the land for development. 

Either way it seems likely that a tribunal will adjudicate. Have no real ill feelings towards the Walkers but frankly if they get to decide then i am sure money will do the talking...

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.