Bath Stadium hits another snag

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Bath Stadium hits another snag

14 Oct 2020 23:06 pm:

Somerset Live reporting that a judge has ruled against Bath Rugby’s lawyers who had legally challenged the 1922 covenants on the Rec as unenforceable.

The covenants on the Recreation Ground at the centre of Bath protects it from development on the land which may cause a 'nuisance', with Bath Rugby - in partnership with Bath Rugby Foundation and Arena 1865 - looking to build a new 18,000-capacity Stadium for Bath on the site, including riverside regeneration, community use and a car park under a raised pitch.
The ruling by Judge Paul Matthews at the High Court of Justice, Business and Property Court in Bristol, published on Tuesday, means that any future development on the land could be open to a legal challenge from objectors to a new stadium, over whether it should be permitted.

In a press release published by Bath Rugby earlier today, the club confirmed the judge has found that at least one of the eight objectors had a right to the benefit of the covenants.

The statement reads: ‘The judgment is on a narrow legal point relating to whether the covenant can be enforced and by who; it did not consider the impact of this, and it was not concerned with the merits of any specific proposals for development at the Rec.
The club is assessing its options, which include an appeal.
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Re: Bath Stadium hits another snag

15 Oct 2020 03:06 am:

I like the thought that a judge has brought an official status on Bath Rugby...the are now legally a 'nuisance'..... :D :D :D
I'd love to agree with you, but then we'd both be wrong....
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Re: Bath Stadium hits another snag

15 Oct 2020 06:29 am:

I hope the legal people have got it right otherwise the Directors will take them to the cleaners.
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Re: Bath Stadium hits another snag

15 Oct 2020 07:34 am:

How do you sue a Judge Ferret?
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Re: Bath Stadium hits another snag

15 Oct 2020 08:13 am:

You don't. You either appeal the case to a higher court, or you seek a judicial review of the original decision. The judges themselves are practically immune claimants, unless they are taking bribes etc
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Re: Bath Stadium hits another snag

15 Oct 2020 08:38 am:

They can't challenge the covenant but they are challenging the whether the covenant is being broken and whether the development will classify as a nuisance. Seem like they lost the argument.....again...... how many more times?

I believe the expression is .....if it looks...smells......tastes....then guess what it is? ......yes a nuisance.
I'd love to agree with you, but then we'd both be wrong....
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Re: Bath Stadium hits another snag

15 Oct 2020 08:44 am:

This is quite an interesting argument isn’t it?
I am trying to stay middle of road here but why have they allowed matches to be played in the past.
We have all seen that temporary rise off the park so I am presuming a fixed development is different.
It is not then the spectators causing issue but the permanent structure?
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Re: Bath Stadium hits another snag

15 Oct 2020 08:59 am:

Covenants are pretty difficult to remove if there remains any benefit to the landowner with the benefit of the covenant. The only way is for Bath to dig into their very deep pockets and persuade the landowners to release the covenant, although as matters have got to this stage, that has likely failed. Not much other flat land to build on in Bath without going out of the city, to the top of one of the hills, for example towards the race course. But that takes it out of town with the problems of access by train and the lack of spending in the city around the matches. Hasn't worked too badly for Exeter Rugby but maybe not so well for the city of Exeter and its shops and bars.
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Re: Bath Stadium hits another snag

15 Oct 2020 09:42 am:

At least the water would run down if they were at the top of the hill...... :lol:

Exeter is slightly different, a lot of away fans (well Gloucester anyway) make a weekend of it, which does bring money into the city.
I'd love to agree with you, but then we'd both be wrong....
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Re: Bath Stadium hits another snag

15 Oct 2020 09:49 am:

The thing is these covenants were put in place exactly in order to prevent this sort of thing. Sadly too often big money wins and enfeebled planners etc. just cove in. Bath is a very historic city and benefits from a few open spaces of which this is one and in a prominent and important place. They have land further out on London road and there are other options.
I just hope that they are able to hold Brucie's lawyers at bay.
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