Now the councillors have decided to terminate The Royal
Sands Pleasurama development agreement I guess some people will be wondering
where that leaves us? Will we be seeing the site put to some use? And when?
I think the key to all of the answers is that the council
didn’t plan for the eventuality of the development not happening. Rightly or
wrongly the council officers and the councillors made the assumption that the
developer intended to develop the site and that the developer had the
experience and financial resources to do this.
From the point of view of the uninformed and unconsulted
onlookers and even the few people who were expecting the Whitbread development
and had seen the artist’s impressions of this and read the bumph about it being
set well below the clifftop, the first indication that something was amiss was
when the planning drawings appeared for a completely different development that
towered over the clifftop. The next indication was being told by the council
that although the plans hadn’t been approved they wouldn’t accept any
objections to them.
This is when I got involved as did various other people
after this slowly and reluctantly the council admitted that they had no idea if
the surrounding infrastructure, which was to be maintained out of council tax,
was in a viable state to support the development.
The main issues here are, flood risk, distance from the
cliff face to allow for cliff face maintenance and the road access down the
inclined Marina Road viaduct. Obviously all of these things have to work in a
reasonably viable way for the life of the development. Of course the other side
of this coin is that council tax usually pays for the infrastructure to reach
developments, the road to your house, street lights etc.
In the case of The Turner Contemporary in Margate both a
cliff support structure and sea defence that should last abut as long as the
gallery were built at large public expense. With this sort of thing there has
to be limits, if you want say to build your house on the edge of the cliff,
then you may lose it when the cliff collapses.
In the case of The Royal Sands the council seemed to be
underwriting the developer doing the equivalent of building on the end of the
cliff and I think the councillors slowly began to appreciate this problem.
My understanding of the situation with regard to the council
ending what has become a great local farce was there were three options, one
being to terminate the development agreement, one being to enter into
negotiations with a third party that hoped to take over SFP and the other being
to offer further concessions including delaying the completion date to 2017.
The council decided to terminate the development agreement.
Going down the road of terminating the development agreement
the problem faced by the council is that the development agreement doesn’t
contain any really definite dates by which the developer would be seen as
having failed to do certain aspects of the development and therefore be in
beach of the agreement. I think in legal terms this is described as there being
no long stop date.
So now the council has to get an expert building consultant
to produce a building time framework and wait for the developer to go outside
of that framework before thy can legally terminate the agreement. Once this
happens then the council should be able to terminate the site leases. How long
all this takes is dependent on what the developer does. If the developer starts
to get on with building the site then there isn’t anything the council can do
about it while the developer sticks to the framwork.
While all this is going on of course the developer has the
site leases so there isn’t much that can be done to the site, of course the
developer may decide just to hand the leases back to the council, but this
seems unlikely.
My own feelings are that we are likely to be at the
beginning of a legal battle between the council and the developer and that the
site is likely to remain derelict for years rather than months.
The keys here being anonymity and liability. One aspect of
the internet is that it is possible to publish information to it anonymously,
there are various ways of doing this but the net result is the same.
The nearest non internet equivalent is graffiti and to a
lesser or greater extent the responsibility of those involved who are not
anonymous, like the owner of the wall that has had the graffiti painted on to
it.
To explain this it is easiest to make up an unacceptable
word “xxyyxx” will do.
So if someone writes xxyyxx on my wall I probably have some
legal or moral obligation to remove it.
With the internet things become more difficult, for instance
it is possible for someone to anonymously write xxyyxx on a wall and then
someone to like it who isn’t anonymous. It is possible for someone to comment
xxyyxx and for the blog administrator to allow the comment.
This blog is actually owned by Google and rented to me by
them for nothing and my stance is that I am safest allowing comments and then
deleting those which are either unsuitable or may be unsuitable, particularly
if a third party asks me to remove a comment. This is basically how Google
cover themselves, if you find xxyyxx on a blog and you write to Google they
will remove it.
I have a wall and you can write on it as opposed to I have a
wall behind a grill and I unlock the grill to allow you to write on it, which
is the position when the administrator of the blog applies comment administration.
We now have a situation where the law and policing are very
unclear, let us suppose that I call you an xxyyxxer on this blog, you could of
course take action through the civil courts, but most likely you will make the reasonable
assumption that this is a case of cyber bullying and therefore criminal, so you
may ask the police to take action.
There is of course the argument that this is wasting police
time when they out be out stopping the costa from jumping on his coffee, but
this is a new area of crime, and as such there is very good argument for the
rights and wrongs of to be thrashed out using public funding.
The answers to what constitutes a UK crime are
pertinent to everyone in the UK with a blog or facebook account and even to anonymous
commentators unless they are absolutely certain of their anonymity
I will ramble on here