Forum Topic

Gunnersbury park for exclusive private school?

Cut and Pasted from the Brentford TW8 forum. Cannot see it on the Ealing version but it is an Ealing issue, especially as the area in question will affect teh Ealing /Acton part of the park first.It's possible that this could be the beginning of the end of the park as a public park. Developers are salivating over the potential of grabbing slices of the place and it could become an exclusive facility for the wealthy.Topic: Gunnersbury Park in danger again. Forum HomePosted by: K DanielsDate/Time: 05/04/13 10:11:00Hello All,You may already have heard that the Councils have appointed a firm of developers to turn the Small Mansion into an extension of an Ealing private girls' school. If this goes ahead, the public will be barred access to a large chunk of the Park (in contravention of the legal covenant) as well as suffer increased traffic, noise, pollution, etc.There is a meeting of the Gunnersbury Park Joint Advisory Board on Friday 19 April at 6.30 in the Small Mansion. I don't know what's on the agenda, but do try to come along to find out more and express your views. Let's have a good turnout and try to nip this in the bud, or, once a precedent is established,  the rest of the Park will follow suit. every blade of grass belongs to the public. Gunnersbury is an amazing park, lets try & keep it that way. Gunnersbury is being regenerated, take a keep @ the official you-tube channel.http://www.youtube.com/watch?v=_iLFCh1HAfQBest wishes.PLEASE ATTEND THIS MEETING & SHOW YOUR SUPPORT TO KEEP THIS PARK IN THE PUBLIC DOMAIN ! APRIL 19TH @ 6.30PM AS ABOVE.

Michael Brandt ● 4735d55 Comments

Hi there, I am member of STIG - Save Trees in Gunnersbury, perhaps you have heard of this small group. We stopped the council from cutting down over 400 trees to for housing development in 2009. What is happening now is the same stuff that has been happening in the last 20 years and as Miss Bela knowns very well, the council will try even this time to get read of not of trees, but green spaces ... On an even sadder note, the rental of this space (up to 50,000 £ per year) to the school will not even go to Gunnersbury Park, according to one of the Project Managers, which says it all... so we will be loosing greens paces, and even not getting any money for the park development and maintenance - pretty bad indeed!So the only option is a new fight, and as it has been said, we might be in need to really chain ourselves to the school railings or to some trees that by chance (not really by chance I think ...) will be about to be cut down for the setting up of the school area.It would be useful to start by asking the project manager in Ealing, Kirby Jo (actually his role is Assistant Director of Mayor Projects), to have the proposal that the school presented in the first place to the Council, at least we can have a look at this... His  email is: kirb...@ealing.gov.uk he must made available this document as pdf to the public, so if he does not send it, another good reason to be suspicious and angry ... Then we can attack point by point this proposal - I believe that all those reassurances that both project managers gave during that meeting (not extra space taken from the park in front of the mansion, restricted perimeter of the school and not extendible, school premises available to the public during the weekend and so on...)were pure lies, and nothing of that is actually written in the proposal the school provided - So let's get this document and start our complaints -escalate during that meeting in June (it will be I guess the 7th of June) and have all the press talking about it - it worked in 2009 and it will work even now if we have enough strength to pursue this fight ...Of note, the meeting in June in which the community will have a say on this (see the web site above with this info), will not really give us the chance to have a say as the decision seems to be already made - but it will give us the chance to start our  fight ! I was pretty free in the past for this fight  - STIG has set up a google group that works and it is good for exchanging emails on this subject - Now I am a bit overwhelmed by my current job and I am really looking for somebody to give us help in this fight - we will need to do a big campaign as we did in the past and people are needed - if you are up to write to me!

Giusi Ortu ● 4718d

The Falcons School were not called upon to speak at the joint Councils' meeting but their case was amply presented instead by the officers from Hounslow Council and Ealing Council. The public were told that they could not ask questions or participate in the debate but that there would be a public meeting in June when they would be updated, etc with the planning process and so on.It appears that the two Labour Councils have already agreed and promised privately that they intend to push through this "exclusive school" project with the British Virgin Islands registered developers no matter what.It is not clear whether all of the Labour and other councillors are happy with what the officers are telling them  - the councillors, for instance, certainly have not been informed about the length of time that the Upper Tribunal (Lands Chamber) is likely to take to consider Applications by the school or the two Councils to have the covenant lifted on this part of the Park.It is a somewhat dangerous situation because in a case in Wembley (where there is not a Trust Deed as in the instant case), a school carried out a breach of covenant in one far corner of its playing fields and has now applied to the UTLC to have the entire playing fields land freed from the estate' restrictions.  This would then allow unlimited school buildings over the entire area which is currently used as open space for sports and games. The residents on the "South Forty Farm Estate, Wembley" are now facing 4 Expert Witnesses brought in by the school (backed by Labour Brent Council) who have unlimited funds to tell them how wonderful it would all be!It is all rather strange when the previous Labour Prime Minister, Gordon Brown, invited Mrs "Bela" Cunha of Lionel Road to No.10 Downing Street to thank her for her gallant efforts to prevent the Park being compromised on an earlier occasion not long ago.I wonder how long it would be before Alpha Plus Group are applying to build houses and flats in the Park?

Victor Mishiku ● 4729d

Last night at the Small Mansion, councillors met to discuss the current proposals.A presentation set out the timetable for planning permission and cabinet approval, etc. The permission being assumed and a mere formailty, it seems both from the Council and the Upper Tribunal (Lands Chamber).However, the timetable failed to include the time required for the Tribunal's consideration of the proposals  - last time it took 3 years (1992 - 1995)!It transpired that the developers taking the land for 200 years for the exclusive school are a Ritblat-owned company registered in the British Virgin Islands.The school is to be allowed to rent out the premises out of school hours.  The Lease arrangements give the school control of areas of the Park for staff car-parking, a playground and other parts of the Park are to be fenced off with high steel fencing and security CCTV cameras installed plus a caretaker's residence, although it was suggested that the school would only be there for 32 weeks a year.  Would the high steel fencing excluding the public be taken up and down then?The Friends of Gunnersbury Park spokesman, Mr James Wisdom, did not appear to favour what he thought would be an all-white very exclusive school run by tax-haven developers! Several councillors expressed reservations. Mr Wisdom queried why the restoration of the Small Mansion was being linked to the conversion to a private exclusive school, when the Large Mansion and other parts of the Park were being refurbished with monies received in grants in S.106 monies from Chiswick developments without linkage to development.Another meeting is to be held in June for residents to be told how wonderful it all is yet I cannot see these tax-haven developers parting with £6 Million Pounds whilst there are time-consuming legal issues remaining unresolved.Apart from all this and the binding restrictive covenant, it seems to have been forgotten that the Park is held on Trust for the public having been acquired under the Public Health Acts 1875 to 1925 and therefore, the Council is under a statutory duty to preserve the use of the Park as a Public Park or for Sports Playing Fields, etc. - even if there were no covenant!

Victor Mishiku ● 4729d

Looking through some earlier papers, I have noted the following information regarding the Rothschild covenant.The original covenant was imposed by Mrs Marie de Rothschild on 29th December 1925 when 199.8 acres of landwas conveyed to Acton and Ealing Councils. This included the two mansions and all of the grounds.The 1925 Conveyance imposed restrictions on the two Councils that:-“they will not use the land and hereditaments for any purpose other than as a public park or sports ground and that the mansion houses and buildings on the said land…shall not at any time…be used except for such public purposes as may be ancillary to the use thereof as aforesaid…” A strip of land at the perimeter of the Park had been excepted where private houses were to be built by The Newcombe Estates Company Limited and a local builder, Albert Cox.This covenant was renewed on 11th December 1926 when two Conveyances of land took place to The Newcombe Estates Company Limited/Mr Cox with the Councils covenanting again to observe the Rothschild restrictions that the land (apart from the strip for the intended houses) would forever be used as a public park or sports ground.Some minor modifications have been allowed by the Lands Tribunal on three previous occasions, the last regarding the greenhouses allowing wholesale nurserymen to run them rather than Council staff only.  That case came before H.H.Judge Rich 18 years ago. Initially, Hounslow Council's Legal Department  told Mr Peter Blacker of the "Gunnersbury Park Covenant Group" that local residents had no say in the matter and that no residents were entitled to the benefit of the 1926 covenants.At the same time, the Council privately admitted to the then local MP Nirj Deva, that hundreds of residents were legally entitled to the benefit of the said covenants!Not long after, the Council admitted this publicly but then demanded that every single homeowner or tenant backing onto the Park produced their deeds from their mortgage companies, etc to prove their entitlement.Since the Court of Appeal had ruled that "even a weekly tenant may enforce a covenant" if they live on "benefited land", the local residents challenged the demands of Hounslow Council's Legal Department and wrote to Judge Marder QC at the Lands Tribunal protesting at the necessity of having to do all this.  Judge Marder decided that the Council knew perfectly well who resided at the relevant houses on the "benefited land" and that a Council Tax entry or Electoral Register would suffice to save residents having the expense of requesting solicitors to obtain their original deeds from mortgage companies, etc.At the Hearing some 50 or so Objectors were admitted as having the benefit of the covenants.  Dr Peter Cocking, their representative, did not object to the proposed wholesale nurserymen in the former Kitchen Garden and Greenhouses and the Tribunal allowed the modification sought by Hounslow & Ealing Councils.The case now under consideration is quite different.  There is no existing school operating in the Park.  It's not the same as allowing a greenhouse to be used by a wholesale nurseryman rather than a Council one.Schools often want to expand, having new buildings and areas to themselves and with young children there, they would want areas securely isolated and fenced off from the public and would also want their own private car-park for parents, staff, suppliers, coaches, etc. possibly with a new access road layout exclusively for the school.Private schools also often hire out permises to other outside organisations at weekends or at nights or both causing extra traffic disturbance to people living nearby.As we have seen, the private Khalsa Karate Club tried this in the Kingston case but was prevented by the Dyson covenant (which was imposed 21 years before the Rothschild covenant) and they only wanted a small pavilion building with some public access (but under the Karate Club's control).  I seem to remember that Heritage Money had been made available from the National Lottery which did not involve handing over part of the public Park to developers (Alpha Plus Group Ltd of 50 Queen Anne Street, London W.1).Once ensconced in the Park, perhaps other money-making developments may be contemplated?

Victor Mishiku ● 4734d

As far as I recall, the restrictive covenant covers the entire Park.In another case in the "Latchmere Recreation Ground" in Kingston, the Council were supporting a private Martial Arts company "Khalsa Karate Federation" who had offered to rebuild a new sports pavilion.The previous pavilion (changing rooms, etc) for use by the public only had been demolished about 5 years ago.Mr Satinder Singh Sehra, owner of the private Karate Club concern, intended that his business would have occupied the main part of the proposed development with some parts of the building being available to the public.There is however a restrictive covenant imposed by Lord Dyson and supported by an Act of Parliament in order to maintain the use of the land for public recreation and sports use. Whilst a new pavilion is allowed under the 1904 covenant, it could only be used in connection with the public use of the open space  - not for private commercial purposes.The Council's legal experts at first considered that the proposals did not breach the Dyson covenant but later admitted that they were wrong after representations from local resident Mrs Margaret Levy and others. Khalsa Karate abandoned their scheme which the Council had backed fully for financial reasons.The problem with schools (as aptly shown in the Wembley case at Preston Manor) is that sooner or later, they wish to expand, add new buildings such as an Arts Centre, Concert Hall, New Classes Wings, Access Road & Car-Parking Areas, Swimming-Pool Building, etc and they would want control of these areas and may want to segregate parts of the Public Open Space for their sole use.  Some of the buildings might well be let out to outside concerns for use at weekends, at night, etc bringing traffic into the Park where there is no public vehicular access at present.The Councils must not allow the covenant to be breached which they hold on trust for the public.Any proposals to modify the Park covenant must be made to the Upper Tribunal (Lands Chamber) which is the only body able to modify a restrictive covenant under the Law of Property Act 1925.  Such proposals must be made known to all of the surrounding residents who are legally entitled to the benefit of the restrictive covenant on the former Rothschild Estate.V.Mishiku "The Covenant Movement" 14/4/13.

Victor Mishiku ● 4735d