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2012 Stop Corruption - Stand for Life, Stand Incorruptible   Bella Bargilly



Is this not Local Authority Misfeasance?

Website Editor
12 May  2013


Misfeasance: A term used in Tort Law to describe an act that is legal but performed improperly. Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff.


In April 2012 I emailed three local ward Councillors with my concerns about the area, I was honest and forthright with my opinion and requested their help and representation. Needless to say they did not reply - but they did act.

Out of fear and desperation the Councillors forwarded the email to Ann O'Byrne and Mark Kitts for ACTION! After some initial sparring - Kitts and O'Byrne wouldn't answer any questions and used what I thought and still think was avoidance and stalling tactics. Is this not local authority Misfeasance?

The city council knew of the accusations and issues (highlighted in David Conn's article 6 May 2013) early last year and they brushed them under the carpet - how do I know this? I sent it to them. In fact this website grew out of their actions or lack of and a need for the local residents concerns to be aired and hopefully addressed. I think we've had success in terms of airing our concerns but sadly those concerns have not been addressed but repressed and denied. Is this not local authority Misfeasance?

Not only did they brush the proven facts under the carpet. they actively implemented artificial and deceptive plans in the name of regeneration, using unlawful threats of CPO and they all refused to represent Lothair road residents (who have been affected more than most) - Is this not local authority Misfeasance?

Instinctively, you just know that something is "wrong," when after numerous requests for assistance and provided with evidence, our democratically elected representatives all refused to represent us! I believe that they have negated their responsibility to the very people they have sworn to serve - us, therefore they are all implicated via their own actions or lack thereof
- Is this not local authority Misfeasance?

In real world reality, not corporate fat cat fictional reality, if you are unfortunate enough to live in a home that LFC covet for it's expansion, then the term regeneration is intentionally misleading - it's quite simply as it say's on the tin - EXPANSION. We are not being regenerated we are being chewed up and spat out - regurgitated - if you like.
- Is this not local authority Misfeasance?

Liverpool City Council, Arena/Your Housing Group and LFC have an ethical and corporate social responsibility to coexist with the community and the environment that their businesses function in - Have the PARTNERS created an environment conducive to their social responsibility?  Is this not  Corporate Social Negligence?

Read: Question to the Mayor of Liverpool By Councillor Steve Radford.pdf

The European Commission defines corporate social responsibility as “the responsibility of enterprises for their impacts on society”. To fully meet their social responsibility, enterprises “should have in place a process to integrate social, environmental, ethical human rights and consumer concerns into their business operations and core strategy ”.


Liverpool City Council have strict procedures for dealing with long term empty properties. These procedures (EDMO's & VPI's) enable the council to force owners to think about the long term future of their EMPTY properties and to bring them back into use - yet not one (as far as we here at The Triangle Website are aware) of these many blighted properties which are an eyesore and have had a negative effect on the neighbourhood and it's people, has had such measures implemented upon it. - Is this not local authority Misfeasance?

I lay the blame squarely at the feet of Liverpool City Council, past and present. The city council allowed both Arena/Harvest/Your housing Group and LFC to create premeditated dereliction. in fact they actively promoted and encouraged it, the city council is a corporate business and they act according to that ethos. - Is this not local authority Misfeasance?

It's the case all across the UK, but mostly in the north - city councils/local authorities allow areas to become run down and apply for government funding to regenerate those run down areas. The funds are then spent paying the aggrieved residents and businesses via agreement or CPO and the cost of demolition, by which time the funding has either run out or been cut altogether. 


The Charity Empty Homes discovered that 13 councils who won funding through the £35.5 million housing market renewal transition fund intend to demolish 5,125 homes
and refurbish just 113.
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The local authorities are ultimately left with acres and acres of fertile, prime location, development rich land (ghost towns), but they've got no money left! Well that's easily solved - they sell or lease the land to PARTNERS and these partners go on to develop their newly acquired fertile land and make a nice ongoing long term profit. the city council/local authority takes it's cut in the form of 999 yearly lease payments or a percentage of the resale value.

This form of contract also applies to the one pound housing sale schemes that have been so popular with near bankrupt local authorities, lots of small print clauses attached and a cut of resale value.

While none of this is illegal or totally hidden from the public (you've got to request it ) - it is without doubt, premeditated and morally questionable behaviour and indicative of the corporate nature of modern local authorities and their business for profit at all costs attitude, be that flesh and blood profit or bricks and mortar profit, its all profit to them. 

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1. LFC need land and over the last decade or so they've been buying as much as possible. They have added to the dereliction and abandoned look of the area by keeping scores of their properties unoccupied, boarded up and ill maintained. Over the years, LFC bought up a number of properties on both sides of Lothair Road (not just immediately behind the main stand) – but they were left to fall into decay and dereliction. The road became the target of vandals and arsonists, with 16 (not 14) separate fires in the properties over six years, causing misery to the few residents who remained. LFC land - banking dates back to David Moores' time at the club, it was adopted by H&G and until recently still existed under FSG. Someone at LFC took the decision to do this and until recently they continued to do it. LFC and FSG know how to play the "media" game - with sound bites and PR men neatly avoiding the fact that for many years they have been land-banking properties in the area therefore they played a part in creating or at least adding to the blighted problem.
2. Arena Housing (Your Housing) who are Registered Social Landlords (RSL) with a Corporate Social Responsibility, own possibly the largest number of empty properties in Lothair Road . 2a. Why is a government funded housing association with a corporate social responsibility charter - allowed to actually negate that responsibility by boarding up and neglecting their properties over a very long period of time? Arena have in the recent past, said that they won't spend money fixing their properties because LFC might want to demolish them! 2b. Has that been Arena's policy for the past 10 - 15 years? 2c. How can Liverpool football club's indecision dictate a government funded housing association's policy?
3. Liverpool City Council own properties in Lothair Road but beyond that, they hold immense power when it comes to procedures for dealing with long term empty properties. These procedures enable the council to force owners to think about the long term future of their EMPTY properties and to bring them back into use - yet not one (as far as I am aware) of these many blighted properties which are an eyesore and have had a negative effect on the neighbourhood and its residents, has had such measures implemented upon it.

Have you got a story to tell? If you would like to contribute any news items, press releases, newsletters, stories, photos, complaints, opinions or anything worthy of inclusion on The Triangle Website - please contact The Triangle


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It's Time To End The Lies

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