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Town council to face judicial review after VAT bungle
(October 28, 2010)BUNGLING Warminster Town Council will almost certainly face the threat of a judicial review if it continues its current course over the Assembly Rooms.
The reason is that the council took a decision based on flawed evidence gathered from the public during the consultation.
The public was misled because the impact of the VAT revelation had not been properly explained and the extra costs associated with the tax may have altered many people's view about the viability of the project. An additional 20 per cent in cost is significant.
Councillors then took a decision based, in part at least, on the result of the flawed consultation - which was highly skewed and slanted in any case.
''In my day job I spend a significant percentage of my time trotting round the (criminal) courts of this land and I'm quite satisfied that the latest revelations about VAT mean there are serious questions to be answered,'' said Steve Dancey, who has legal qualifications covering the fields of defamation and contempt of court.
''It would not be unreasonable for us to ask the town council to reconsider this matter in the light of the VAT bombshell and also the news that the most important hirer of the hall is about to quit.
''In view of the legal question mark it would also be inadvisable for councillors to conclude any deal with WCR which could materially affect the sale value of the land on which the Assembly Rooms stands.
''They don't have to heed my advice but they would be well advised to wait.
''I'm dumbfounded that the issue of VAT has only just entered their heads as this tax has been around for a long time and it is well known that property upgrades are liable for VAT while new-build is not - Where have they all been?''
Some people should consider their positions.
Steve will now be taking some legal advice on this matter from some tame officials in another county.
The reason is that the council took a decision based on flawed evidence gathered from the public during the consultation.
The public was misled because the impact of the VAT revelation had not been properly explained and the extra costs associated with the tax may have altered many people's view about the viability of the project. An additional 20 per cent in cost is significant.
Councillors then took a decision based, in part at least, on the result of the flawed consultation - which was highly skewed and slanted in any case.
''In my day job I spend a significant percentage of my time trotting round the (criminal) courts of this land and I'm quite satisfied that the latest revelations about VAT mean there are serious questions to be answered,'' said Steve Dancey, who has legal qualifications covering the fields of defamation and contempt of court.
''It would not be unreasonable for us to ask the town council to reconsider this matter in the light of the VAT bombshell and also the news that the most important hirer of the hall is about to quit.
''In view of the legal question mark it would also be inadvisable for councillors to conclude any deal with WCR which could materially affect the sale value of the land on which the Assembly Rooms stands.
''They don't have to heed my advice but they would be well advised to wait.
''I'm dumbfounded that the issue of VAT has only just entered their heads as this tax has been around for a long time and it is well known that property upgrades are liable for VAT while new-build is not - Where have they all been?''
Some people should consider their positions.
Steve will now be taking some legal advice on this matter from some tame officials in another county.