Does old convenant ban boozing on old cattle market?

9:10am Thursday 17th May 2012 in News By Bill Tanner

Hereford’s £90 million retail development plan has been hit by the possibility of an alcohol ban that dates back more than 50 years.

Opponents of the development say the ban – outlined as a covenant in title deeds covering the city’s old cattle market – may not have been lifted properly, if at all – leaving shops, bars and cafes due to move onto the old livestock site unable to sell beers, wines and spirits.

Both Herefordshire Council and site developer Stanhope say the covenant, dating from 1958, is overridden by the council’s "appropriation" of the old cattle market – the site the authority has always stressed it owned almost all of – that cleared the way for the development.

Councillor Mark Hubbard, leader of the It’s Our County group on the council, found the covenant during his research of title deeds to the old market and says he interprets it as "absolutely and in perpetuity" prohibiting the sale of alcohol on the site.

The covenant relating to "land and buildings on the west side of Widemarsh Street, Hereford" was placed in 1958 for the benefit of the freeholder of the then Old Harp Inn, now the Herdsman and owned by Admiral Taverns.

In a statement, the council said covenants such as that on the cattle market were not unusual.

It said: "This particular covenant was disclosed to Stanhope at the start of the process some years ago, along with a whole range of technical matters.

"The development agreement takes full account of these."

Comments(12)

William Rudd says...
1:33pm Thu 17 May 12

Bad luck Hubbard,try again lol.
Demolition,construct
ion will go ahead whatever you try and to to stall it.

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ScruffyBull says...
2:48pm Thu 17 May 12

IOC get a grip this is happening the majority want it. Same minority who create more problems. There has been enough delays caused by the recession and having to change the plans.

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ScruffyBull says...
6:39pm Thu 17 May 12

It is good to have a bull. Maybe the high town is the wrong place, and ESG will be better. Let's just get it in there, see how it looks. If when the esg is built it could move. Let's just start getting on with things. Less talking more action.

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William Rudd says...
11:17pm Thu 17 May 12

Thats the problem with people scruffybull.They don't like change in Hereford.

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ScruffyBull says...
6:06am Fri 18 May 12

I suppose they are achieving what they intended. People will talk, the gullible will believe, the opposition will spin. Resulting in Hereford times selling papers.

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mlevans says...
9:59am Fri 18 May 12

Its no good blaming Mark Hubbard or the "tenacious investigators", the covenant is either "material or not", either it has been dealt with or has been over looked, all Mark Hubbard has done is to expose a real and credible issue regarding this scheme.

It says more about the people who critise the messenger rather than questioning the issue.

A covenant that appears on a title deed from 1958 is neither ancient or irrelevant and given that the CEO of Hereford Futures is on a salary and pension package of a £147k per annum I would have expected a more comprehensive and credible response to that given by Stanhope and the Council.

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ScruffyBull says...
10:26am Fri 18 May 12

What more a response that the covenant which (Stanhope the developer with 10Billion pounds of projects completed, and millions ongoing) knew about years ago, and which isn't a problem and is overridden. Yea I think Mark Hubbard and the rest of the IOC (investigators) are creating negative spin. 

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mlevans says...
10:55am Fri 18 May 12

The issue is simple; it is not a question about the actions of Mark Hubbard and IOC (investigators), it is whether or not this covenant has been dealt with properly and in such a way as to permit the development to proceed in a timely and orderly fashion. The people of Herefordshire have contributed and continue to contribute hundreds of thousands of pounds annually to the costs of running Hereford Futures. If this covenant or any other "to be discovered" document proves to be lawful in causing the scheme to fail then the people of Herefordshire will rightly question those in power and those with the responsibility for delivering this project and hold them to account.

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ScruffyBull says...
11:39am Fri 18 May 12

Yes Mark Hubbard has done some digging brought this to light and the council/Stanhope have said it is not a problem they have been aware of it. Shall we continue to spin/speculate or deal with the facts that the covenant is "overridden by the council’s appropriation of the old cattle market" and get on with this development.

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Niccolo' M says...
12:42pm Fri 18 May 12

This is a most interesting exchange of views between Scruffybull and mlevans.

If Scruffybull is correct and these matters have been dealt with under "Council Appropriations" and that there are no other issues to delay this development and the "anchor" tenants have signed both an Agreement to Lease and an occupational Lease which permits the scheme to progress , then immediately the Queen has left the City and the Olympic torch has passed by, the scheme will no doubt commence... won't it?

If mlevans is correct and these restrictive covenant issues and other matters (possibily to be discovered) are material , then the secrecy and delays will continue from both the Council and Hereford Futures.... won't it?

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mlevans says...
3:42pm Fri 18 May 12

Niccolo' M makes a valid point one or the other will be right and it will come down to a question of economic viability in the end.

The Developer together with Hereford Futures and the Council will need to have concluded a deal which makes the development viable in order for it to proceed and the costs of reaching the point of closure will have to be met by someone .... it usually results in the land owner getting less than they had originally thought!

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ScruffyBull says...
5:36pm Fri 18 May 12

Yes we shall see what happens. July has been mentioned for potential start. And for the Development to be signed off for its leases has to be complete, including the cinema, department store etc....time will tell

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