Save Manston Airport Committee response to RiverOak’s reply to the Thanet District Council Officer’s report.
Recently Thanet District Council released a report by three interim Officers, who recommended not to proceed with a Compulsory Purchase Order for Manston Airport, as no Indemnity Partner has been identified.
RiverOak as the remaining possible Indemnity Partner, reply :
HAVE TDC OFFICERS EVEN READ RIVEROAK’S SUBMISIONS ?
Riveroak explain: TDC describe their proposal “as a "high risk option", this is plainly wrong, it betrays a complete misunderstanding of the draft agreement as well as the CPO process overall. We wonder whether the Council’s officers have even read it – there is no reference to it at all in the Report.”
Riveroak are disappointed in the “CURRENT administration”, “Such is our disappointment at the way we have been treated by the Council’s CURRENT administration…”, SMA certainly share that disappointment!
Riveroak give detailed evidence from government CPO protocol, that the route followed by the TDC officers is incorrect. They have described a process that is inappropriate and wrong in law, and have therefore misdirected the leader of the council Iris Johnston and her cabinet.
The Committee of SMA would expect elected councillors at every level, in Full Council, in the Cabinet and in the Scrutiny Committee, to subject the officers to the most intense interrogation. If they don’t feel confident in doing this themselves with the correct level of expertise they should invite the DCLG (Department of Communities and Local Government) to examine whether the 151 Officer’s Report is up to scratch or does it indeed have these fatal defects as RiverOak are stating.
Full council should seek Advice from Department of Communities of Local Government.
Riveroak say the 151 officer’s report to TDC is “full of inaccuracies and omissions, and MISREPRESENTS our submission to the Council.”.
The committee of SMA have been impressed with this: “We have invested an enormous amount of time and money in developing and promoting a viable business proposition for Manston Airport, We have set up an investment fund specifically for that purpose. We have instructed leading solicitors and surveyors, and two Queen’s Counsel, to advise us. We have begun negotiations to restore commercial cargo services to Manston. We have so far spent some £600,000 in doing all this.”
They have had top notch legal advice and have named who they have received this advice from - unlike TDC. TDC has, to date, refused to release the information relating to who they have received their advice from, even to the Cabinet. SMA ask “Why is this?”
Riveroak quote from a government guidelines on CPO : “A general indication of funding intentions ... will usually suffice to reassure the Secretary of State that there is a reasonable prospect that the scheme will proceed." this implies that the decision on funding would be made by the secretary of state, and it would not be for TDC to throw it out on a financial point.
On the due diligence process, they have supplied all the information and the Officers have completely ignored them.
Riveroak say : “We have asked to see the Council’s legal advice and have suggested that the Council’s advisers speak to our advisers to no avail. We doubt that the Council’s legal advice in reality supports the line that they are now taking. We challenge the Council to produce their legal advice.”
Riveroak : “In the course of formulating our response, with great disappointment we have learned that the Council Labour Group at a meeting on 14th October approved a resolution “that the Labour Group on Thanet Council should oppose all moves to acquire Manston Airport by compulsory purchase, irrespective of whether a suitable indemnity partner could be found”.
SMA ask - Has even one member of the cabinet prejudged this ?
A Committee member comments : “The perfect storm has arrived. I don't think I have ever seen an elected council commit suicide by choice!”
The full Riveroak response :
News - RiverOak Investments Corp
The government's guidelines on CPO which Riveroak quote:
https://www.gov.uk/government/public...rcular-06-2004