jts1882
Dean Richards
Re: Northumberland Development Project
Fair point, I do seem to be mixing a few issues. The CPO per se probably wouldn't be seen as state aid, but the dropping of the S106 requirements might and that and the CPO are part of the same package. As I said, I'm not a lawyer so this is just idle speculation, but the two together might be sufficient to bring a case to the European Court and even if it eventually fails would take time. Alternatively a CPO for a private development might be subject to a judicial review or some other legal challenge.
To complete the thinking from my previous post, I suspect there will be a difference with the other CPOs on the west side of the High Road. They will be part of the broader North Tottenham redevelopment so more obviously in the public interest, even though the businesses are more location dependent (on the High Rd) than Archway Steel (Paxton Rd v WHL is irrelvant for selling Kebab equipment). The fact that the Spurs stadium plans preceded the broader scheme makes it more obviously a private development getting help (by tacking it on to the Tottenham redevelopment after the fact). The Spurs arguments about viability - it wouldn't be viable without help from the council on transport commitments - rather help this line of argument, which could grounds for some sort of legal challenge to the CPO decision ((judicial review, etc). Even if these are remote possibilities, it seems a good reason to make sure the CPO decision is water-tight before issuing it.
Sorry not sure if I am missing something, but why do you feel that this CPO could constitute 'state aid'? Isn't this just a case where Spurs have asked Harringey to issue a CPO. with Harringey approving this and it then going through to the secretary of state for final approval?
Spurs would then be required to pay (an independently set) commerical price for the aquisition of the land. Where is the state aid in this?
West Ham's case regarding the Olympic bid was very different in the fact that their bid involved a sizeable element of funding from Newham council which was to be given on very favourable terms. That same offer was not being made to other bidders.
Fair point, I do seem to be mixing a few issues. The CPO per se probably wouldn't be seen as state aid, but the dropping of the S106 requirements might and that and the CPO are part of the same package. As I said, I'm not a lawyer so this is just idle speculation, but the two together might be sufficient to bring a case to the European Court and even if it eventually fails would take time. Alternatively a CPO for a private development might be subject to a judicial review or some other legal challenge.
To complete the thinking from my previous post, I suspect there will be a difference with the other CPOs on the west side of the High Road. They will be part of the broader North Tottenham redevelopment so more obviously in the public interest, even though the businesses are more location dependent (on the High Rd) than Archway Steel (Paxton Rd v WHL is irrelvant for selling Kebab equipment). The fact that the Spurs stadium plans preceded the broader scheme makes it more obviously a private development getting help (by tacking it on to the Tottenham redevelopment after the fact). The Spurs arguments about viability - it wouldn't be viable without help from the council on transport commitments - rather help this line of argument, which could grounds for some sort of legal challenge to the CPO decision ((judicial review, etc). Even if these are remote possibilities, it seems a good reason to make sure the CPO decision is water-tight before issuing it.
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