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Showing posts with label compulsory purchase orders. Show all posts
Showing posts with label compulsory purchase orders. Show all posts

Friday, 18 March 2011

Margaret Jaconelli–the ultimatum from GCC late this afternoon

(SEE END OF BLOG FOR EVENING UPDATE AND BBC VIDEO)

My understanding (by telephone 4.20 today) is that Glasgow City Council, having originally rejected the offer from the Scottish Government to mediate in the dispute, this afternoon offered to accept mediation if Margaret first vacated her home, i.e. mediation will only be accepted by GCC if the Jaconelli’s give up their sole bargaining chip in the fight against a rich, powerful adversary, with all the resources of the law, law enforcement and Labour political clout on their side.

Margaret has rejected this – it was her decision in consultation with her husband. I have no first hand knowledge of what her lawyer Mike Dailly’s advice was, but I have no doubt that, whatever his advice was, he will still fully support his client in the new situation.

As a professional negotiator by background and training, I have only this to say -

Mediation is the process of an independent third party attempting to assist parties facing deadlock and conflict to reach an amicable resolution to their dispute. A mediator is not a arbitrator – he or she does not offer a preferred solution or binding decisions, and the parties are free to resume their previous courses of action if the mediation process fails.

But an essential pre-requirement of mediation is that the parties have defined their settlement points and identified the gap that separates them, and crucially, that they are willing to indicate their willingness to enter the mediation with an open mind and to vary their positions if the mediation process is successful.

This is the bargaining gap that must be bridged by the parties, assisted by the mediator.

Margaret has always been willing to do this. GCC has not, and gave no such indication today. The gap between her and Glasgow City Council is money and money only, and it is the distance between her target settlement figure (unknown to me) and Glasgow City Council’s last offer of £90,000.

If Margaret has not yet identified her target settlement point, she must do so now, and there must be no suggestion by either party that an easy option of splitting that difference is the right solution.

If this is done, both parties – Glasgow City Council and Margaret – then know exactly what separates them, and can assess the costs to themselves of remaining intransigent or accepting mediation to assist a compromise solution.

More importantly, the people of Glasgow and the wider Scottish public must know what this money gap is, and assess the behaviour of the parties in relation to it.




EVENING POSTSCRIPT
Tonight's BBC news carried a report on the Siege of Ardenlea Street, and also a written statement from Glasgow City Council. The misinformation continues - GCC say that Margaret Jaconelli has been offered £90,000 and alternative accommodation. No such detailed joint offer has been made or formalised in writing.

Temporary rented accommodation was offered last year - I emphasise, TEMPORARY accommodation, and the £90,000 offer was only made at the 11th hour this year by telephone, with no written details.

£90k and PERMANENT rented accommodation have never been offered, but in any case, rented accommodation is NOT appropriate.

The Jaconelli's home of almost 35 years is being taken from them by GCC - they wholly own it, and the only appropriate offer is full compensation permitting the purchase of a comparable new home in an area of their choice. Glasgow City Council have destroyed Dalmarnock.

Saturday, 5 February 2011

Margaret Jaconelli faces eviction after 16th February unless she gets help - legal, political and media help

Peter Curran

moridura Peter Curran

#MargaretJaconelli Celtic in the Community has failed MJ. Why? Ask John Reid, Chairman, former Labour Minister. He used to care about people.

Peter Curran

moridura Peter Curran

#MargaretJaconelli Celtic in the Community has failed MJ. What community are they in? The one of wealth, celebrity & huge developer profits?

Peter Curran

moridura Peter Curran

#MargaretJaconelli Where are the human values of Glasgow's Valuations Department? How do they value the life of a Glasgow grandmother?

Peter Curran

moridura Peter Curran

#MargaretJaconelli One developer alone made profit of £5.5m on a plot 200 yards from her home. Mactaggart & Mickel will profit from building

Peter Curran

moridura Peter Curran

#MargaretJaconelli Lived in her home since 1976 - her home, her neighbourhood, her finances destroyed by GCC. All she wants is a fair price

Peter Curran

moridura Peter Curran

Compulsory purchase law - a legal maze of conflicting, outmoded legislation. Ordinary Glaswegians destroyed by it, developers make millions

Peter Curran

moridura Peter Curran

#MargaretJaconelli She's not refusing to move, nor to negotiate - she only wants a fair price. The developers have made millions from GCC.

Peter Curran

moridura Peter Curran

#MargaretJaconelli Predictably failed by Labour, ConLibs, The Herald, The Record - failed by Glasgow City Councillors. But surely not deserted by SNP???

Peter Curran

moridura Peter Curran

#MargaretJaconelli If ever there was a case for MEDIATION, this is it. Can someone act NOW before 16th Feb court eviction appearance?

Peter Curran

moridura Peter Curran

@David_Mc_Donald Thanks for that David - the family are alone, vulnerable, without legal representation. They need help now from their party

Peter Curran

moridura Peter Curran

#SNP Margaret Jaconelli faces eviction in 11 days. Labour, LibDems and Tories predictably silent. But the SNP? John Mason? Alison Thewliss?

Saturday, 15 January 2011

Margaret Jaconelli and Glasgow City Council - last chance saloon

This is the text of a letter to the Herald, which they have not published. There may be many reasons, including legal ones for that editorial decision, and it is one they have a right to make.

UNPUBLISHED LETTER TO THE HERALD

Next week (20th January) Margaret Jaconelli's final appeal against Glasgow City Council's compulsory purchase of her home and eviction order to clear the way for the development of the Commonwealth Games site is scheduled to go to a Court hearing. It will be preceded by a meeting with Glasgow City Council on the 18th, presumably to attempt to reach a last minute settlement before the Court hearing

If this decision goes against Margaret, a Scottish grandmother simply trying to get an equitable price for her tenement home, she will be faced with crippling legal costs which will destroy her economically and emotionally.

Her basic position as I understand it is to get a price that will enable her to buy a roughly comparable property in an area of her choice, and to have all legal costs of that purchase met.

Meanwhile, developers have reaped rich rewards from land purchase and re-sale deals with Glasgow Corporation, by a process of negotiation - exactly what Margaret appears to be being denied .

A gross inequity and perhaps a tragedy for an ordinary Glaswegian is in the making here, and it will leave a sad legacy hanging over the Commonwealth Games.

Where are the rich Glasgow firms, the entrepreneurs and the sports personalities who will reap rich benefits from the Games while the interests of the little people are threatened in this way?

Do the Scottish Government and the Labour Party want to enter their Holyrood election campaigns with this injustice hanging over them?

What are the elected representatives of Margaret Jaconelli and the others four claimants doing while this juggernaut of big business and celebrity sport rolls over ordinary, vulnerable people?

Make no mistake, this will be some politician's Crichel Down, indeed the Crichel Down scandal brought down a government minister and almost a government, leading to the Crichel Down rules, now probably outdated half a century on, in this brutal, uncaring, greedy society.

This case should be the subject of mediation, not cold, unfeeling legalistic procedures, with all the aces in the hands of Glasgow City Council and the developers. The amount of money required to settle is minuscule in relation to the huge budgets and profits of the Games.

For God's sake, Glasgow - doing the right thing is the right thing to do!

Wednesday, 12 January 2011

Unhappy tweeting time - Margaret Jaconelli, Glasgow City Council and the Commonwealth Games

Time is running out - this appeal is scheduled for 20th January. The outcome could destroy Margaret Jaconelli financially and emotionally. If you care about ordinary people, for God's sake do something!

Peter Curran

moridura Peter Curran

#MargaretJaconelli Are the Commonweath Games in Glasgow going ahead, while burying the hope and dreams and lives of ordinary Glaswegians?

Peter Curran

moridura Peter Curran

#MargaretJaconelli A tragedy for the little people is unfolding while money, celebrity sport and naked greed roll over them, uncaring.

Peter Curran

moridura Peter Curran

#MargaretJaconelli Do the Labour Party and SNP want to enter a Holyrood electoral campaign with a brutal injustice on their consciences?

Peter Curran

moridura Peter Curran

#MargaretJaconelli Where are the rich sporting personalities who will profit hugely from the Games when ordinary Scots need their help?

Peter Curran

moridura Peter Curran

#MargaretJaconelli What in God's name is the SNP doing for these ordinary Glaswegians? Does big money roll over the little people?

Peter Curran

moridura Peter Curran

#MargaretJaconelli The profit made by a developer on 1 deal (£1m), courtesy of Glasgow City Council, could have settled with all 5 claimants

Peter Curran

moridura Peter Curran

#MargaretJaconelli She may get crippling costs awarded against her by GCC. If this is the price of Commonwealth Games, it is too high

Friday, 26 November 2010

Tonight’s tweet for non-Twitterers

Peter Curran

moridura Peter Curran

If you're member of Scottish CND, why vote for the nuclear bombing parties - Labour, Tories, LibDems? Only one party is opposed - the SNP.

Favorite Reply Delete

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Peter Curran

moridura Peter Curran

The Greens have two heads in Holyrood. Anything to do with their support for the nuclear bombing parties this week? Get the Geiger out!

Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Where is the voice of Celtic Football Club in the Margaret Jaconelli case? The club was founded for the people of Glasgow East - help now!

1 minute ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Five ordinary Glasgow people could have a Christmas free of worry at last if they are supported by their ain folk, Holyrood and the Law.

4 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

A message to the SNP about Margaret Jaconelli - you've done something to help, you've listened, but this is the big push - do more, please!

6 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Lord Sanderson - help five ordinary people in Dalmarnock whose lives are being blighted - stand up for ordinary Scots and revive the Tories!

11 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Iain Gray - lean on your Labour Glasgow councillors about Margaret Jaconelli, and have a word with the Herald - they might listen to you ...

14 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Perhaps Goldie, Gray and Scott, superhero champions of cheap supermarket booze, the UK, WMDs and nuclear lochs, will help Margaret Jaconelli

20 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Will Glasgow Labour politicians, fearless champions of the people, ease up on expense-paid trips long enough to help Margaret Jaconelli?

23 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

@

@itsBronagh That is grossly unfair to anuses everywhere.

28 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Will the Commonwealth Games Athlete's Village and GCC/Labour crush the lives of five ordinary Glasgow people, or will the Law bring justice?

28 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Hopes of this weekend's paper - Express, Sun, Sunday Post - covering Jaconelli case. But the Herald? Do they need GCC/Labour's approval?

32 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

At last the Scottish Press are interested in Margaret Jaconelli - the Express, the Sun, the Sunday Post - but what about the Herald?

38 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Margaret Jaconelli's legal appeal against Glasgow Council over her compulsory purchase order comes up on 20th December. Justice at last?

39 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

@

@bcnsco Scots should visit, and marvel at what they were, and what they will be again, once they recover their lost independence. Saor Alba!

42 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

When Scotland is independent, which Party will scamper for a place in the new Holyrood? Why the Tories, of course! And Labour and LibDems ..

50 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Which influential Tory under Thatcher was - and still is - totally opposed to Scottish devolution, Lord Sanderson? Lord Forsyth of Drumlean.

54 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Which party before 1999 was implacably opposed to devolution, to a Scottish Parliament? Could it have been the Tories, my Lord Sanderson?

59 minutes ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Of what nation are you a Lord, my Lord Sanderson? Could it be of the United Kingdom? Who ennobled you? The Scottish people? Please remind us

1 hour ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Sanderson says the electorate 'thinks' the Scottish Tories are anti-Scottish. But they are, my Lord, and are especially anti-ordinary Scots.

1 hour ago Favorite Reply Delete

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Peter Curran

moridura Peter Curran

Sanderson says the electorate don't understand what the Scottish Tories stand for. But they do my Lord - that's why they don't vote for them

1 hour ago Favorite Reply

Tuesday, 9 November 2010

The Margaret Jaconelli case–another Crichel Down in the making?

I have done my best in blogging and twittering to raise some political and media interest in the Margaret Jaconelli case – the Glasgow grandmother who is apparently being forced out of her home by a compulsory purchase order that does not recognise the true value of her property before it was hit by the Commonwealth Games redevelopment.  I say apparently because I have never met Margaret, and have had only two short telephone conversations with her. I therefore only have her version of events, but she seems sincere to me, and under acute emotional and financial pressure, and I believe that she has told me the truth as she knows it.

I have already contacted the two SNP councillors involved, Bob Doris and Alison Thewliss. Bob Doris has replied to me - so far Alison Thewliss has not. I have sent the details as I know them to people who at the very least should know what is happening, and who may be able to help.

Based on an admittedly partial, and perhaps superficial knowledge of the case, I have offered Margaret Jaconelli the following advice -

1. You cannot fight your corner on the law alone. The law does not guarantee justice - it is a process that sometimes delivers justice and equity, but often doesn't.

2. You must raise the positive media profile for your case by regular press releases to the main Scottish media outlets - The Herald, the Scotsman, the Record, (and maybe the Sunday Post), STV, BBC Scotland and Radio Scotland.

3. Your case can be won if the media perceives firstly, a story 'with legs' and secondly, can present it as an injustice - the bullying might and legal clout of Glasgow City Council and the developers against one vulnerable Glasgow granny, fighting for a fair deal. There must be sufficient embarrassment for all concerned, including the political parties facing a Holyrood election in May 2011, to make them reach a no-precedent equitable settlement that ideally recognises

a) a fair price for your home

and

b) a fair price to compensate you for stress and loss incurred, including meeting all legal costs and expenses.

4. Your strong sound-bite elements include -

a) the value placed by the CP process appears ridiculous, and has been pulled down by the very process of planning blight caused by the development.

b) your personal circumstances - woman with ill husband and terminally ill brother fighting for justice and the future of her family (sorry to put it so starkly, Margaret, but you must use the reality of this to help your case.)

c) the apparent misrepresentation by Glasgow City Council and the planners - according to your account - of a meeting, presented to the Press as a hearing when in fact it was an informal meeting, and the apparent misrepresentation to you of it as being one where you didn't require legal representation, when, in fact, the Council were legally represented.

d) correction of the apparent error in the press and media claims that you have been offered alternative accommodation four or more times, when you say you have not, and have only been offered temporary accommodation for 12 weeks, and that offer made under an acceptance ultimatum just before you entered a meeting.

e) the fact that Scottish Enterprise, a publicly funded body, set up to encourage enterprise has recently been paying thousands of pounds to Scottish media presenters to front up meetings aimed at business development, when you and your husband have been entrepreneurs and have run your own business for years.

f) Emphasise strongly that you are not refusing to move, not blocking a necessary development, but seeking a fair deal for events that have disrupted and come close to destroying you and your family's life.

g) Refer to the fact that the Crichel Down Affair of some sixty years ago was a gross injustice over compulsory purchase and land valuations that caused a major political scandal that led directly to the reform of the legislation to its present form.

NOTE TO THE SCOTTISH PRESS AND MEDIA

If there are still investigative journalists out there with a nose for a story and some human concern for the little person facing the might of government and big finance, please give some time to examining the fact of this case. If you have already looked at the facts, please look again – don’t wait for a human tragedy to make your story …

 

Thursday, 4 November 2010

Trump, the greenkeeper and the mound


A correspondent called my attention to the story in today’s papers about the alleged sacking of the greenkeeper by the Trump organisation. My reply was as follows -

Dear

Thanks for the link. I read the Scotsman report today. I have little doubt that Donald Trump will play hardball in an attempt to bring home to those refusing to sell or move the reality of their situation - planning permission has been granted for the development and the work must go ahead, and the residents are now living in the middle of a major construction project. If he has breached the planning regulations in the process, then the planning authorities will deal with him.

If they were holding out for a realistic price and compensation, as is Margaret Jaconelli, I would be on their side, but as they are not, I cannot support their position.

Peter Curran

4th Nov, 2010

Wednesday, 3 November 2010

The Margaret Jaconelli Case – an injustice in the making

Recent information received on Margaret Jaconelli’s attempts to get a fair price and compensation for her home, a Glasgow granny facing compulsory purchase to acquire land for the Commonwealth Games development, leads me to believe that there is a major injustice in the making here, and that a relentless, pitiless legal juggernaut is in the process of rolling over this Glasgow grandmother and her husband.

Her case has, in the main, been presented in unsympathetic and in some cases inaccurate terms by a Scottish press too lazy to find the real story underlying the superficial, Daily Mail-type headlines that have unfairly portrayed her as greedy and unreasonable. There is greed and unreasonableness at work here, but it is not coming from Margaret Jaconelli but from those seeking to force her into accepting major disruption to her life on manifestly inequitable terms.

I intend to find out more, and so should any journalist worth their salt - and any local politician. It will be sad indeed if the justifiable pride of Glasgow and Scottish politicians in hosting the games is marred by an injustice.

Remember this, when you consider the facts as previously presented, some of which are appear to have been inaccurate - Margaret Jaconelli is not refusing to move, not trying to halt the progress of the work; she is trying to get a fair, negotiated price for her home of many years and for the stress and disruption she and her family have been put through by this relentless and implacable legal and commercial juggernaut.

Some individuals and some firms will make very big money indeed from this work, but even at her most ambitious price, which was simply an opening bid, Margaret Jaconelli will not.

Given the record of British politicians – with the honourable exception of the SNP – in exploiting property, property loopholes and expenses, and with some Scottish Labour politicians facing criminal prosecution for their activities, it behoves the honest politicians of Glasgow and Scotland to at least investigate this woman’s case more closely, and ideally champion it.

EXTRACT FROM 5th October 2010 BLOG

TRUMP and the GLESCA GRANNY

Let me nail my colours to the mast – I believe that if a development – international golf and hotel complex or Commonwealth games facilities are manifestly in the wider public interest, some people may have to lose their homes, property and land if they stand in the way of that, providing there has been full consultation and all relevant environmental, social, economic and personal arguments have been properly heard and adjudicated on.

If it happened to me, I would be sad, but I would recognise its inevitability and focus on getting the best price.

The objectors in Aberdeen on environmental grounds have been heard, and they have lost the argument. If such arguments had been accepted throughout the centuries, we would have no cities, no roads, no industry and no modern infrastructure in Scotland.

God knows, we are not short of wild unspoiled places, vibrant with animals, fish game and species in abundance, much of it regrettably in the grip of private landowners. I have no wish to turn Scotland into a concreted-over theme park, but neither do I want to see thousands of families condemned to unemployment and penury because of lack of work.

Those who are refusing to sell their homes are in another category entirely. I sympathise with them and I want them to get a price that reflects the hardship and emotional upheaval that the loss of their homes will visit on them, but I do not support their right to veto a major project by refusing outright to sell. So I have little sympathy for the Aberdeen protesters.

But I do stand up for Margaret Jaconelli, the Glasgow grandmother who has fought to get her idea of a fair price for over a decade for her two-bedroom flat in Dalmarnock. Unlike the Aberdeen protesters, who appear to have elicited public sympathy by virtue of the Scope-Severity Paradox (see above), she is well on her way to being demonised, together with her lawyer, for asking £300,000 for the land the Games authority wants to acquire and £60,000 for the inconvenience of being evicted.

Glasgow City Council plans to evict her for refusing to accept the £30,000 figure assessed by the District Valuer, a UK government agency under the compulsory purchase order.

When I was teaching negotiating skills in the early 1990s to managers and businesses of all kinds, I was introduced by Professor Gavin Kennedy, an international expert and best-selling author on negotiation, to the concept of ransom strips in property dealing, i.e. often small piece of land, privately owned, that stood in the way of a large, multi-million development. I used one of Gavin’s cases when I worked for him as director of Negotiate Ltd. to show how both ends of such a negotiation worked, the clear objective of the seller being to maximise the sale price and the buyer to minimise it.

No one, then or now, ever suggested that there was something immoral in recognising that the value of the land was determined, not by comparison with similar plots that were not the object of development, but by the particular circumstances of them being positional goods in the development context.

Governments don’t like such negotiating clout and good fortune to be in the hands of small property and landowners, however, hence the compulsory purchase legislation. While the UK government is totally reconciled to paying enormously inflated prices for armaments, defence contract, consultancy and IT projects based on market circumstances and leverage, they don’t like the idea of a Glesca granny trying to exploit her once in a lifetime opportunity.

Well, I do – go for it, Granny Margaret (she’s 23 years younger than me!) – get the best deal you can.

Do I think £300,000 for the land and £60,000 for the inconvenience excessive? Well, it’s an opening bid, and Margaret and her lawyer would, I’m sure, settle for a smaller amount in negotiation if she and her lawyer are permitted to bargain. But of course, they won’t be – the steamroller of local government and UK law will roll over them, in a city where municipal corruption has been endemic for generations, where dirty land and property deals have been the order of the day and where corrupt council officials who would have been sacked in any just society have been quietly retired with massive settlements and pensions over the decades.

But you’ve lost nothing by trying, Granny Margaret, and if there is any justice, you’ll still get the price offered, a new home, and with luck, tell your story to the tabloids and media and make a few bob.

Meanwhile, if there is a petition to protect you, I’ll sign it most willingly. But I won’t support your Aberdeen counterparts in their efforts to stay put.