Mr James (Jim) Kenyon made a number of promises in his manifesto, alongside his (not so) Independent allies in 2019 and Independent Councillor Ian Womersley.
One of which:
“Regenerate YOUR Kirby Road Complex back to its former glory Club-House-football-rugby-pitches-basket-ball-Cycle-&-walking tracks- Restore protect the Woodland Deliberately ruined by Labour”.
As most people in the parish are aware, Mr James (Jim) Kenyon has tried for a number of years to have the contract, which was agreed in 2011 for the sale of the former Sports Complex Site on Kirkby Road in Hemsworth to Saul Construction rescinded.
This was also one of his promises He made to the electorate prior to the elections which took place back in 2019.
Way back in 2012, Mr Kenyon was successful in having the original planning application “quashed” which Saul Construction had made to Wakefield Council to build houses on the site. A small technicality led to this, as Wakefield Council had failed to conduct one survey as part of the planning process. Had they done so, Saul Construction would have built houses on the site 9 years ago and there would be no need for this post.
Ferret decided to delve deep into the contract situation between Hemsworth Town Council and Saul Construction regarding the former Sports Complex Site on Kirkby Road.
To put it into its simplest terms the land of the former Sports Complex IS still registered to Hemsworth Town Council at the Land Registry.
However, a contract DOES exist between Hemsworth Town Council and Saul Construction for the sale of the land.
There were a number of parts to the contract which had to be fulfilled before the sale became final; as Ferret understands it Saul Construction has only one remaining part left to complete.
This is to make the final payment of monies which is owed to the residual bodies which are represented by Wakefield Council.
Ferret believes this is the sum of money which both Councillor James (Jim) Kenyon and Councillor Ian Womersley continually inform the parishioners is owed to Hemsworth Town Council.
Ferret can confirm categorically that Saul Construction DOES NOT owe any monies to Hemsworth Town Council.
Hemsworth Town Council would simply receive the payment from Saul Construction and immediately pass this to Wakefield Council who represent the residual bodies. This would then complete the contract.
Ferret is aware that Saul Construction HAS tried to make this final payment to the Independent Hemsworth Town Council and Mr Alan Draper (Town Clerk) under the instruction of Councillor James (Jim) Kenyon has REFUSED to accept it.
So where does this leave Hemsworth Town Council?
From my post yesterday, you will already be aware that Hemsworth Town Council financed the following facilities through the deal:
• Sandygate Sports Complex
• Cemetery Road Complex
• Lakeside Café and Children’s play area
• Community Centre
Ferret is aware that back in 2014, Hemsworth Town Council took legal advice from a Queens Council (QC) at Falcon Chambers in London. The QC was asked to look at the enforceability for the sale and purchase of the land at Kirkby Road, Hemsworth (The Sports Complex).
Ferret must point out that Independent Councillor James (Jim) Kenyon was also a Councillor at this time and was fully aware of this.
The advice received amounts to around 15 pages in length – Ferret feels it important to share this:
“In my opinion even, contractual rescission under standard condition 7.5 requires the rescission of the whole agreement, and therefore the return of the Community Centre, or paying compensation in lieu.”
So, for Independent Hemsworth Town Council to retain the site of the former Sports Complex on Kirkby Road in Hemsworth they would have to pay Saul Construction for all of the works which Saul Construction completed as part of the original contract.
Basically, each party has to be put (financially) back in to the same place as if the contract had never existed.
This ultimately means YOU the precept payer would have to pay Saul Construction the cost of:
• Sandygate Sports Complex
• Cemetery Road Complex
• Lakeside Café and Children’s play area
• Community Centre
Since 2019, Independent Hemsworth Town Council has continued to try and renege on the agreed contract. The litigation continues and has now reached Court with Hemsworth Town Council being the defendant in the proceedings.
Ferret would like to ask “fully open and transparent” Councillor James (Jim) Kenyon some questions:
What is the current legal advice you have received?
How much money has this cost the precept payers so far?
How much do you expect this to cost in total?
How much money has been spent on the site of the former Sports Complex in terms of maintenance, security, insurance etc on Kirkby Road in Hemsworth since 2019?
How much in monetary terms do you believe it would cost to rescind the contract from 2011 which was signed between Saul Construction and Hemsworth Town Council for the sale of the land?
Ferret awaits a reply…