The deal was a wrong-un and Eling and Co arranged to keep it quiet by referring to it as "Junction 2 Regeneration" and then substantially redacting (ie blanking out) large parts of the publicly available documents. In 2017 Eling tried to polish this turd by retrospectively trying to give it legality and people like Cllr Liam Preece and the Audit Committee were only too willing to assist.
As ever, Jan Britton's bent paid service refused to give disclosure about all this via the Freedom of Information Act (FOIA) etc and so I appealed to the Information Commissioner (ICO). This cause a tiny amount of the documentation to be disclosed and I have now referred this to what is called the "First Tier Tribunal" when a court will decide if anymore documentation should be released. At present a hearing is listed on 10th September.
Of course, The Squealer has now been kicked out and Yvonne Davies, the new Leader, has promised a new era of transparency so that SMBC may well reconsider its conduct so far and be more forthcoming (particularly as the legal option - or at least the first one - provides for disclosure of documents by law and/or the FOIA.) And Yvonne is a Langley Councillor and will no doubt be anxious to find out what the Squealer was planning for her own ward.
I have started a separate purely factual blog as an "open source" for this stinking deal which can be used if lawyers are ever instructed and in support of defeating any planning application. There is not much on there at the moment but I shall be adding to it regularly. If you want to go straight to it (and, as I said, it is a little sparse at the moment) go to savelionfarm.blogspot.com
The pathetic disclosure by Jan Britton's crew is via the following links and my comments on the inadequacy of the disclosure are also set out below:
The ICO has ordered Sandwell MBC (SMBC) to disclose certain documents relating to the proposed development of 19ha of green space at Lion Farm Fields. SMBC have now made risible disclosure of:
1 The original Option Agreement of 21st May, 2013 ;
2 A variation of the Option Agreement dated 9th June, 2014;
3 A tiny bit of correspondence from 2017;
4 Report to Cabinet - 15th November, 2017.
Document 1
See http://savelionfarm.blogspot.com/2019/05/lion-farm-timeline-2013.html
With regard to the original Option Agreement the (disputed) legal authority was for a one-year option facility to extend the option by a further 12 months.
At paragraph 3.2 there is reference to a “Secondary Option” but there has been no disclosure about that whatsoever.
Paragraphs 6.1 and 6.2 purport to give the developer permission to enter a restriction at HM Land Registry in respect of the 4 land titles that comprise the Fields. The developer did not exercise that right until 2017 AFTER Cradley Speedway had made an application to declare the Fields an Asset of Community Value.
By paragraph 8.1 SMBC agreed to try and get Fields in Trust to release them from the restrictions contained in a deed of 2012 when part of the Fields were supposed to be held in perpetuity as playing fields for the use of local people.
By the same paragraph SMBC agreed to “square” Sport England so as to destroy the football pitches at Lion Farm.
By paragraph 9.1 the developer was to undertake a “desk-top environmental investigation” on the former industrial site and by paragraph 9.2 sort out SMBC’s Highway Department to get the nod for this development in a horrendously congested location. Neither the report or communications with SMBC Highways have been disclosed.
The developer was to undertake “a full intrusive site investigation report in 2013” although this has not been disclosed.
By paragraph 9.5 the developer agreed to provide progress reports but these have not been disclosed by SMBC.
Curiously by paragraph 10 SMBC agreed to keep the deal secret unless required to disclose same by law or via the Freedom of Information 2000. In fact SMBC refused to make disclosure under the FOIA or otherwise.
By paragraph 12 the developer was given exclusivity during the option period despite the highly dubious nature of the transaction and the failure by SMBC to seek other development offers or otherwise market the massive plot.
If the developer did not proceed then by paragraph 16.1 the developer got his option fee (£245,000) back!
In the definitions section the “secondary option fee” was just £5,000.
Whilst SMBC have always flagged this potential development via itself and via press releases to friendly local media as a “designer shopping outlet” the project was to include an 80,000 sq ft supermarket.
The deal is subject to planning permission and by condition 4 of schedule 4 there is a mysterious reference to SMBC acquiring nearby land by compulsory purchase order although no land appears to be specified in the option.
If the developer is to proceed he envisages paying £2m to comply with the option agreement and that “commercial risk” is to be taken into account in the final price! There is no evidence of any expenditure from the developer as yet although a couple of surveyors were on site a couple a years ago.
Document 2
See http://savelionfarm.blogspot.com/2019/05/lion-farm-timeline-2014.html
No documentation has been produced by SMBC with regard to the Option being varied in 2014 eg via a Cabinet Report.
No documentation has been disclosed as to the extension of the original option by one year as envisaged in the original option but nevertheless SMBC purported to extend the original option by “any extension mutually agreed between the partes”. The legality for entering into this extension is disputed pending sight of any further documentation.
Document 3
See: http://savelionfarm.blogspot.com/2019/06/lion-farm-timeline-2017.html
The disclosure of correspondence by SMBC is absolutely risible and such few emails as have been disclosed relation to the multi-million pound proposed development mostly consist of where the developer is to park his car when attending a 2017 meeting at Sandwell Council House.
Sandwell Council have been utterly disingenuous with the ICO in an effort to keep documentation secret. They have told the ICO they have searched the database relating to “Lions Farm Fields” whereas the land is known as Lion Farm Fields. Further, right from the inception of this highly dubious transaction SMBC tried to hide the information from the public by referring to this matter as “Junction 2 Regeneration” which is deliberately intended to deceive (and then they heavily redacted information from Council minutes to hide the true nature of the transaction.) Further the project has been dealt with by SMBC under a codename, “Project Patrick”.
They have searched for "Jeremey Knight-Adams" which appears to have been a deliberate attempt to search under a mis-spelt name.
It is essential that the ICO order SMBC to make further searches under these names which should produce a wealth of hitherto hidden documentation.
Document 4
(Not on other blog yet but available on SMBC website.)
This document is already in the public domain and is part of an effort by former Council Leader Steve Eling and others to give retrospective legality to the original unlawful deal. Please note that this time SMBC have listed this as “Regeneration opportunity - Junction 2”.
SMBC have refused to date to answer questions about this report parts of which are disputed by local campaigners. The specific allegation by SMBC’s Dr Alison Knight that the development should bring “2,000” jobs to the area is particularly disputed both in terms of numbers and the loss of retail jobs this development would cause throughout the rest of the Borough.
Further Dr Knight specifically fails to make any mention of the fact that, at the time of her report, Messrs Hammerson Plc already had planning permission to build a large retail development on another site in Oldbury, That project also promised a large number of jobs but has fallen through due to the current economic climate.
Dr Knight also says, “significant progress has been made and JKA [the developer] has already incurred significant expenditure in securing adjoining land to develop the scheme based on the existing agreement including acquiring interests in land.” SMBC have refused again and again to confirm what expenditure has been incurred, what “significant progress” has actually been made and what land has been purchased (this latter point being a mystery as the Fields are ringed by roads and houses.)
Lack of Other Documentation
It goes without saying that Cllr Eling and others have continued to try and force this matter through for a single specially-favoured developer but there has been no disclosure of any of the further documentation generated after the date of document 4 above.
NB the comrades are to discuss the new playing fields strategy next Thursday and no doubt use this as another excuse to try and shaft those who use the Fields and wish to retain them. Unfortunately I cannot attend the meeting and so if anyone can keep a watching brief that would be helpful. The minutes are set out below:
And finally...
Many of you will now be aware that the pathetic "Chief Executive", Jan Britton, who has presided over fraud, cronyism, corruption and incompetence for many years whilst saying he didn't know what was going on (an admission itself of gross negligence warranting instant dismissal) for many years when he has been highly-paid to rim Cooper and Eling's arses. He has had more than enough cash of the taxpayer and IF he is going it is imperative that we are not shafted again for a pay-off!
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