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Post by Deleted on Nov 4, 2014 21:19:32 GMT
Not 100% , but I don't believe this is appealable as it is only a clause to the contract which has been successfully put through even after a JR. Henbury Gas may be able to clarify this point. So whatever recommendation is made tomorrow, if it gets through next week Sainsburys either have to pay up, dream up another get out of jail card or risk punitive damages by refusing to honour a legal contract. That would be my understanding as well, it seems there's a good chance the delivery hours will be recommended in tomorrow's report and then rubber stamped next week. If so the ball will then be firmly back in Sainsbury's court. and at that point, now sainsburys have had their chance to amend, what next?
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Post by gasincider on Nov 5, 2014 0:29:20 GMT
Quartermaster, if they had a whole pile of get out of jail free cards why did they back down about the writ? They would have played one then.
No, Sainsburys are running out of options, and they know it. If we back down now we need our heads read. They now know we will go to court if need be, and they didn't bank on that.
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Post by Quartermaster on Nov 5, 2014 6:30:25 GMT
Quartermaster, if they had a whole pile of get out of jail free cards why did they back down about the writ? They would have played one then. No, Sainsburys are running out of options, and they know it. If we back down now we need our heads read. They now know we will go to court if need be, and they didn't bank on that. Fair point gasincider. They clearly don't want the site anymore, I just hope that in Sainsburys HQ there are a few people sitting uncomfortably right now over our response to their lack of interests rather than some master planning tactician, sitting at his desk stroking his cat knowing everything will turn out fine for them! Rovers vs a huge company like Sainsbury's never looked an winnable match on paper, I just hope we pull off a shock win!
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Post by fanboy on Nov 5, 2014 8:30:36 GMT
Quartermaster, if they had a whole pile of get out of jail free cards why did they back down about the writ? They would have played one then. No, Sainsburys are running out of options, and they know it. If we back down now we need our heads read. They now know we will go to court if need be, and they didn't bank on that. Fair point gasincider. They clearly don't want the site anymore, I just hope that in Sainsburys HQ there are a few people sitting uncomfortably right now over our response to their lack of interests rather than some master planning tactician, sitting at his desk stroking his cat knowing everything will turn out fine for them! Rovers vs a huge company like Sainsbury's never looked an winnable match on paper, I just hope we pull off a shock win! We always perform as underdogs.
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Post by Deleted on Nov 5, 2014 9:41:23 GMT
Fair point gasincider. They clearly don't want the site anymore, I just hope that in Sainsburys HQ there are a few people sitting uncomfortably right now over our response to their lack of interests rather than some master planning tactician, sitting at his desk stroking his cat knowing everything will turn out fine for them! Rovers vs a huge company like Sainsbury's never looked an winnable match on paper, I just hope we pull off a shock win! We always perform as underdogs. You obviously missed the game at White Hart Lane?
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Post by Henbury Gas on Nov 5, 2014 11:03:21 GMT
Not 100% , but I don't believe this is appealable as it is only a clause to the contract which has been successfully put through even after a JR. Henbury Gas may be able to clarify this point. So whatever recommendation is made tomorrow, if it gets through next week Sainsburys either have to pay up, dream up another get out of jail card or risk punitive damages by refusing to honour a legal contract. All over the BCC Site now - recommended planning approval ! Happy days ! Quote from site :- "Officer Recommendation Application No/Address/Description 1 Bishopston Grant
14/04174/X The Memorial Stadium Bristol Rovers Football Club Filton Avenue Bristol BS7 0BF Variation of Conditions 11 and 36 attached to planning permission 12/02090/F, which approved the redevelopment of the site to provide a foodstore with undercroft car parking, 65 residential units and community/commercial floorspace, to amend the proposed foodstore delivery hours to the service yard between 0500 and 00:01 (Major Application) "
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Post by brislingtonred on Nov 5, 2014 11:21:42 GMT
Irrelevant really. Just means the case you will have a better case for Compensation.
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Post by baggins on Nov 5, 2014 11:23:34 GMT
Not 100% , but I don't believe this is appealable as it is only a clause to the contract which has been successfully put through even after a JR. Henbury Gas may be able to clarify this point. So whatever recommendation is made tomorrow, if it gets through next week Sainsburys either have to pay up, dream up another get out of jail card or risk punitive damages by refusing to honour a legal contract. All over the BCC Site now - recommended planning approval ! Happy days ! Quote from site :- "Officer Recommendation Application No/Address/Description 1 Bishopston Grant
14/04174/X The Memorial Stadium Bristol Rovers Football Club Filton Avenue Bristol BS7 0BF Variation of Conditions 11 and 36 attached to planning permission 12/02090/F, which approved the redevelopment of the site to provide a foodstore with undercroft car parking, 65 residential units and community/commercial floorspace, to amend the proposed foodstore delivery hours to the service yard between 0500 and 00:01 (Major Application) " So, one get out of jail free card hits the bin. Excellent.
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Post by fanboy on Nov 5, 2014 11:27:30 GMT
Don't see how they have any grounds to pull out of the contract they signed if they don't have this loophole. Great news.
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Post by Deleted on Nov 5, 2014 11:32:26 GMT
Irrelevant really. Just means the case you will have a better case for Compensation.
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Post by fanboy on Nov 5, 2014 11:38:02 GMT
Not 100% , but I don't believe this is appealable as it is only a clause to the contract which has been successfully put through even after a JR. Henbury Gas may be able to clarify this point. So whatever recommendation is made tomorrow, if it gets through next week Sainsburys either have to pay up, dream up another get out of jail card or risk punitive damages by refusing to honour a legal contract. All over the BCC Site now - recommended planning approval ! Happy days ! Quote from site :- "Officer Recommendation Application No/Address/Description 1 Bishopston Grant
14/04174/X The Memorial Stadium Bristol Rovers Football Club Filton Avenue Bristol BS7 0BF Variation of Conditions 11 and 36 attached to planning permission 12/02090/F, which approved the redevelopment of the site to provide a foodstore with undercroft car parking, 65 residential units and community/commercial floorspace, to amend the proposed foodstore delivery hours to the service yard between 0500 and 00:01 (Major Application) " You got a link to the site? Wouldnt mind having a gander Thanks
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Post by Deleted on Nov 5, 2014 12:19:26 GMT
So is it now fingers crossed that the Planning Committee go with the recommendation of approval?
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Post by Deleted on Nov 5, 2014 12:39:34 GMT
So is it now fingers crossed that the Planning Committee go with the recommendation of approval? they should do. If for no other reason than that they know if they vote no they will almost certainly lose the costly appeal that would be lodged and that will upset the public having more money wasted. They should vote yes. Then, the deal gets made. If sainsburys pull out they have to pay.
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Post by Deleted on Nov 5, 2014 12:39:48 GMT
I think.
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Post by baggins on Nov 5, 2014 12:40:52 GMT
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Post by Deleted on Nov 5, 2014 12:49:22 GMT
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Post by baggins on Nov 5, 2014 12:55:37 GMT
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Post by RD on Nov 5, 2014 13:10:58 GMT
Fantastic news - provided the advice is followed. One would hope it should be given the "bigger picture" (jobs etc) and the fact that it's been advised to do so.
My understanding is that if they vote as advised, all parts of the contract are then fulfilled and Sainsbury's MUST then pay us the money.
If they refuse, they will potentially end up paying even MORE money due to punitive damages.
Very promising.
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Post by simon1883 on Nov 5, 2014 13:44:05 GMT
The council cant really lose by agreeing to the extended hours. They know Sainsburys don't want the land. So the probable outcome will be that the land gets develpoed as something that is much less contraversial than a supermarket..... Fingers, toes and whatever else crossed.
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Post by Deleted on Nov 5, 2014 13:52:05 GMT
Trash are on the war path again. What a surprise. So much for bowing out gracefully. You know what I hope to god sainsburys pull out and we use tge money to make a goliath stadium in daniellas back garden.
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