I spent over 15 years assisting local residents protect "Trevenna Cottage" from a multitude of developers, applications and appeals. All cases were successfully repulsed with the support of Mrs Edith Oakes, Mr Glynn Hyatt and many neighbours.It was only after a "Trojan Horse" ploy by the latest developers, a gullible Parks Department junior officer who allowed 60 Leylandii-type trees to be planted in our Park (so as to act as a "hiding" device for the developers who had not yet shown their hand) contrary to the long-established UDP Policy 3.4.1 which requires that the open character at the Park boundary be maintained, that on a single casting vote by Cllr. Ray Wall (with his wife also voting for the developers on the deadlocked members 4-4 voting), this ignominious application scraped through.No Acton Councillor was on the voting committee!Had the Acton Councillor been voting, it is highly likely that this latest application would have been similarly refused like all the rest before it since 1995.I also believe that the Inspector would have similarly dismissed any appeal - exactly as the previous appeals were rejected.A previously rejected scheme at No.4 Creswick Road cited the fact that there would be a TWO-TIER DEVELOPMENT in place of the modest frontage 1928 Cottage and that was firmly refused by the Council - yet the planners (Ms Maggie Perry, case officer) in the instant case recommeneded that a cramped FOUR-TIER DEVELOPMENT is acceptable at No.2 (the 1927 cottage built for Mr & Mrs Athawes) and would not be contrary to UDP Policy 3.4.1 (maintaining and preserving the open character of the Park's boundary).JUDICIAL REVIEW: My application for Leave to seek a Judicial Review is still under decision by the Legal Services Commission - Special Cases Unit as I write. If legal aid is granted, there will be a Hearing at the Adminstrative Court at the end of month. If the case cannot go forward, this only leaves the Restrictive Covenant which states that garden land adjacent to the Park should only be used as part of a single garden to a private dwellinghouse (i.e. parts of tiny separate gardens and car-parking areas for 8 houses).Thus, there remains a covenant issue in that the Acton Council imposed a restrictive covenant on a portion of Mrs Athawes's garden that would prevent the development going ahead. The developers stand to make £4 Million profit from the destruction of "Trevenna Cottage" - on the same night, the Council was agonising which Libraries to close down, the question of what the Council will do re. the covenant arose. The covenant is an asset that the Council can either preserve and enforce to stop the development complained of proceeding (the demolition of the cottage is not a breach in itself but the development would be in that the land would not be part of a single garden to a private family home) or sell that asset for say 50% of the development profit, namely £2 Million. This issue is still pending. It was last discussed at full Council when Mr Peter Gallagher presented the Covenant Petition signed by many hundreds of local people and school teachers, parents & children and, as mentioned, on the very same night that the Council was agonising whether or not to shut down public libraries.Victor Mishiku13/9/11.
Victor Mishiku ● 5484d