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MP calls for a penalty clause to ensure prompt start


Government Minister Gerry Sutcliffe has called for strict penalty clauses to be attached to any development of the former Odeon site to ensure a prompt start and prevent another Broadway-style hole in the city centre.

The Bradford South MP fears any delay between demolition and work starting on the key location could draw comparisons with the Westfield shopping centre development, which still has no start date.

Mr Sutcliffe told the Telegraph & Argus: “I will be writing to (Odeon owner) Yorkshire Forward as I want some assurance that the plans are deliverable. What are the timescales, the investment and are there tenants in place?

“We can’t have a Westfield where this goes on for a number of years. A more hardened approach needs to be taken to make sure there are penalty clauses and strict timescales on any development contract.”

Revised designs by developer Langtree Artisan have been submitted to Bradford Council. The plans for a £40 million mixed-use development are expected to be determined towards the end of next month Alongside this application is a conservation area consent bid to demolish the former Odeon building.

Regional development agency Yorkshire Forward has owned the building since 2000 and has worked with the developers to submit the application.

Jan Anderson, of Yorkshire Forward, said: “Yorkshire Forward’s overriding aim is to see the successful redevelopment of the Odeon site as quickly as possible so that it can bring the benefits to Bradford economy that we know it is capable of delivering.

“We too wish to avoid any gap between the building’s demolition and the start of new development and we will be considering how best to ensure, through legal documentation, that such a gap doesn’t occur.”

Simon Peters, of Langtree Artisan, said: “We already have occupier interest in the scheme and negotiations will be advanced once we have a valid planning permission.”

Last week the Telegraph & Argus reported that the Liberal Democrats are to put a motion before the Council proposing councillors apply pressure on Yorkshire Forward to keep the towers of the former Odeon cinema.

e-mail: jo.winrow@telegraphandargus.co.uk

Comments(10)

albion says...
1:47pm Sun 23 Aug 09

“We can’t have a Westfield where this goes on for a number of years" Apart from one still standing and the other not, there is very little difference already, both situations being the result of council incompetence in the first place."Mr Sutcliffe told the Telegraph & Argus: “I will be writing to (Odeon owner) Yorkshire Forward as I want some assurance that the plans are deliverable. What are the timescales, the investment and are there tenants in place?" And what if the answer to any of those questions is no?

c/pot says...
1:52pm Sun 23 Aug 09

albion wrote:
“We can’t have a Westfield where this goes on for a number of years" Apart from one still standing and the other not, there is very little difference already, both situations being the result of council incompetence in the first place."Mr Sutcliffe told the Telegraph & Argus: “I will be writing to (Odeon owner) Yorkshire Forward as I want some assurance that the plans are deliverable. What are the timescales, the investment and are there tenants in place?" And what if the answer to any of those questions is no?
Knock it down anyway even if the answers are no.

mad matt says...
2:09pm Sun 23 Aug 09

Well, I'm sorry but after Mr.Sutcliffe's antics as a councillor before he became an MP, I wouldn't trust him to sit the right way round on a lavatory pan, never mind safeguard the Odeon redevelopment plans.

The Odeon Crusader says...
3:11pm Sun 23 Aug 09

This is the same Gerry Sutcliffe who conducted a poll on his own website about whether or not the Odeon should be demolished not so long ago...

When the overwhelming view delivered stated his constituents wanted it retaining, Gerry said he would push for that on their behalf. Words come cheap, because he has done naff all about it since!

Typical politician - what he says and what he does are two different things, and he therefore fails to uphold the views and wishes of the people who vote for him!!!

Al Spade says...
3:45pm Sun 23 Aug 09

Has the council/Yorkshire Forward done due diligence checks on Langtree Artisan? It doesn't matter what penalties and checks you insist on writing into the contract if the developer goes bust.

As for those who voted for Gerry Sutcliffe and are now ignored by him you know what to do come the next election if he stands.

eadwager says...
6:52pm Sun 23 Aug 09

The Parliamenetary under secretary for sport and member of parliament for Bradford south said “We can’t have a Westfield where this goes on for a number of years. A more hardened approach needs to be taken to make sure there are penalty clauses and strict timescales on any development contract.”
This is an inditement of the contract “negotiated” between Yorkshire forward/Bradford Council and Westfield by a high level government official. No matter what you think of him, this is serious criticism and as such should lead to calls for an inquiry into the Broadway development anything short of that compounds the apparent lack of skill shown so far by all concerned with the Broadway hole in the ground scandal.
Contracts can re-negotiated especially if one party has shown an unwillingness to complete their obligations and particularly if the paperwork is dodgy or favours one side more than the other.
Meanwhile no further contracts should be placed by Yorkshire forward or the council until the obvious errors are rectified or at least understood.
Bradford is in no hurry to have another unfilled gap in the city centre.

Dr Evil says...
2:44am Mon 24 Aug 09

I have been shouted down on this point before but here goes nothing...

It was verging on criminally negligent for Penalty Clauses to be omitted for the Contract between BMDC and Westfield. This is a Standard Clause taught to any aspiring Solicitor at Law School studying Commercial Property.

Noy only that but the Starting Point when drafting any legal document including a Contract such as this is a Precedent. Any such Precedent would contain a choice of Penalty Clauses of the type Mt Sutcliffe describes. In other words, someone acting for the Council has negligently, or by design, DELETED the Penalty Clause.

Had the BMDC / Westfield Contract contained actually contained the Clause we would either have an established Shopping Mall by now (albeit half-empty) OR be considerably richer as a City.

The above Correspondents are absolutely right to fear or foresee the Odeon being demolished and replaced by precisely NOTHING AT ALL

However, those who rue the passing of the Flappit should perhaps make an application to use the City Centre as a Replacement. People would travel from far and wide and most likely pay to use this attraction. In fact, marketed correctly, Bradford might even stand a good chance of hosting the World Championships. Now that's thinking outside the Box.

rongtw says...
8:15am Mon 24 Aug 09

Langtree Artisan, still have yet to get occupiers for this proposed hole , so once again it wil be a excuse not to do noting it will remain a run down building or half a hole !!!.
nobody in their right mind would invest in s***e hole

rongtw says...
8:16am Mon 24 Aug 09

Langtree Artisan, still have yet to get occupiers for this proposed hole , so once again it wil be a excuse not to do noting it will remain a run down building or half a hole !!!.
nobody in their right mind would invest in s***e hole

Joedavid says...
9:38am Mon 24 Aug 09

Well a bit late but he as at least spoken.
As for my MP, Terry Rooney, he is a very quiet person on every thing.


Gerry Sutcliffe MP Gerry Sutcliffe MP

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