Following the helpful explanation by developers Henry Boot Developments of their plans for 'enabling development' to build a Stadium for Cornwall, I have had the opportunity to read the various documents to which they have referred me. This is a legal minefield.
Some questions that arise:
1. It must be highly questionable as to whether this is enabling development so that the provision of money for the Stadium can properly be taken into account. The QC representing the developer in this case took the other side of the argument in the Supreme Court recently on behalf of Sainsburys and won. The connection between the two sites looks a bit contrived. So, the Council will need to be sure of their legal ground here.
2. If the Planning Committee are allowed to take account of the contribution to the Stadium then they will want to be assured that this Development is viable. This will be difficult to judge without any tenant signed up for the supermarket. If the site at West Langarth ends up getting developed for something other than a supermarket, this whole deal would fall away.
3. The Memorandum of Understanding signed today is good PR but is not legally binding as it states any party can pull out.
4. We better not end up swapping the Stadium site, to which the Council is now entitled, for the prospect of open space at West Langarth and ending up with nothing. So, if the Committee goes down this route, all the legal paperwork will need to be in good order!