Forum Topic

Tring Avenue now under attack from the architects who failed with 6 Marlborough Road

Congratulations to the residents and campaigners who convinced Ealing Council's planning team that the proposed 6 Marlborough Road development was unacceptable.A moral victory indeed and one which will hopefully stand up to the scrutiny of the Planning Inspectorate. But sadly, other parts of this borough face similar challenges from developers who care not one iota for the architectural integrity or the cohesion of our neighbourhoods.Across the North Circular from Marlborough Road lies the Rothschild Orchard Estate, built in the early 20th century and similarly under attack from unwanted development proposals and, by coincidence, the same architects as Marlborough Road, Red and White, led by Luke Pulham.In Tring Avenue a perfectly serviceable family home now faces being bulldozed to make way for a block of nine flats.  The Rothschild Orchard Neighbourhood Forum – an association recognised and approved by Ealing Council – represents residents in the Tring Avenue area and virtually all of our members are opposed to this scheme.Like Marlborough Road there are restrictive covenants in place to guard against over development.  These state that only one private dwelling house can be built on a plot, and no house should be unsuitable to the character of the neighbourhood.  Local residents nearby in Carbery and Kingsbridge Avenues have the benefit of these covenants and have been informed of this fact in case anyone wishes to exercise their rights in case of any breach.

Jo Bond ● 300d14 Comments

In Ms Walker's posting of the 11th July, she kindly suggested that neighbours apply for a Unilateral Notice to register a covenant issue as against the burdened land.In fact, if the covenant is already registered on the HM Land Registry Register for the offending plot, then that is sufficient to bind the land.Where a Unilateral Notice might be used is to record the fact of a pending court case to enforce a covenant. This warns any prospective Purchaser that there is an ongoing dispute.I imagine that the land in question is part of the Rothschild Estate which adjoins Edward Wood's "Hanger Hill Estate, Ealing".  Both Victorian landowners contributed to the building of Ealing Town Hall.It may be that the Rothschild covenants in Tring Avenue were imposed so that the legal benefit of the restrictions is expressly annexed to neighbouring plots of land on that estate.In the Marlborough Road case, there is actually a Scheme of Development for "The Rectory Estate, Ealing, Middlesex" and this was very thoughtfully created in 1853 which results in all 161 Lots on the estate mutually having the burden and benefit of the estate restrictions reference to which is noted in the individual Registers of each Lot on the estate. The covenants therefore give an added layer of protection from unneighbourly developments and in circumstances where residents themselves (rather than the Council) can decide whether they wish to uphold the covenant in any particular instance especially where an unwelcome change would take place.If residents send me the HM Land Registry Register & Title Plan to look through for the offending plot, I can see how the matter stands and if applicable, can offer some general guidance if desired."The Covenant Movement" (vmfree@madasafish.com) 14/7/2023

Victor Mishiku ● 296d