Forum Message

Topic: Post Site Visit comment (corrected)
Posted by: Victor Mishiku
Date/Time: 04/09/11 12:09:00

An earlier member of the Forum wrote: "....we return from honeymoon to find our street will be taken over by all sorts of characters and that we are not being told the whole truth, all the dodgy planning application, signatures etc and the fact that whoever is pocketing money from this doesn't have to live next to them! We live about 10 doors away and do not want people who use drugs, are on drugs, were on on drugs, prostitutes,pimps, mental patients, paedophiles and the like on our doorstep. We chose to live in the area as it was a quiet, family orientated neighbourhood, with good local schools, a lovely clean park and people who on the whole respect their property and each other."

~~~~~~~~~~~~~~~~~~

The "Annoyance" covenant, as imposed by deed of covenant by The Goldsmiths Company, is designed to relieve homeowners and occupiers from the anxiety and distress like those worries expressed above.  Residents on the Estate do not have to "wait and see" how troublesome a particular development would be  - they are entitled to insist that the terms of the covenant be observed, namely to have a private family dwellinghouse not a 24-Hours institutional ex-offenders, drug addicts and sex workers hostel next door to them.

This planning Application apparently being promoted by the planners, who unaccountably are disregarding the legal requirements on the validity of planning applications under 3 statutes [Planning and Compulsory Purchase Act 2004, Town and Country Planning Act 1990 (as amended), Town and Country Planning (Development Management Procedure) (England) Order 2010 - Statutory Instrument 2010 No.2184 and Government Guidance Guidance on Information Requirements and Validation, paragraphs 50 - 52], has resulted in over 1,000 objections to date (not 700 as stated by the planning officer in his report to Committee) both by letters individually sent in and by two petitions.

The Site Visit was attended by over 100 local residents - the largest attendance I have seen in the last 25 years, when we started "The Covenant Movement" to fight back against backland developers, who found favour with Ealing planners.

It seems that this application was supposed to be kept "secret"  - the developers DiversityInCare (Ms Angela Edmondson) asked the Council NOT TO REVEAL the true intended use of the two covenanted private dwellinghouses.

It was only because of the suspicions of local families that eventually the truth started to emerge.

In her letter dated 1st August 2011 to a local family, Ms Aileen Jones, the Chief Planning Officer for Ealing Council wrote:

"I would confirm that the application, submitted by Diversity In Care Limited, was initially received on the 14th April 2011. The submitted application forms described the proposal as: 'Application for change of use. 2 properties converted into one residential unit. Internal alterations - through doorway, garden fence removed to make one garden. Front area - small section of wall removed to make throughway. Ramp added to front stairs to make access for pushchairs and/or disabled.' Further information about the proposed usage was provided by the applicants, but the applicants requested that this information not be made publicly available."

The Council's Planning Department went along with this and sent out a notification letter received by a handful of neighbours with no real information about what Ms Edmondson really has in mind for these two hitherto family dwellinghouses.

It is to be noted that this letter sent by Ms Jones on 1st August 2011 (3½ months after the application was made) was only as a result of complaints to The Mayor of London and The Chief Executive of Ealing Council.

In 1991, as reported by Mira Bar-Hillel of the Evening Standard then writing in the Chartered Surveyor magazine, the Council was found guilty of maladministration in respect of a proposed hostel (or "cluster flats" as euphemistically described by EFHA) for persons referred by the Home Office as ex-offenders on licence, etc in Freeland Road on the "Elms Estate Ealing & Acton". Over 60 neighbours complained to the Local Government Ombudsman that the Council had not revealed the true intended use of the dwellinghouse at No.18 Freeland Road as an ex-offenders Hostel.

I am therefore very surprised that Ealing planners went along with this request from Ms Angela Edmonson and it might be reasonably thought that this was a conspiracy to deprive the public of information that was going to be taken into account by the Council but withheld from the neighbours, who of course are entitled to be notified of the true intended usage.

I would have thought that any Decision made by the Council in reliance on information that was withheld and not made public at consultation would very likely be challengeable in the Adminstrative Court by way of Judicial Review.

However, it is regrettable that our own Council favours the Lambeth developers and was prepared to go against the Ombudsman's ruling against the interests and peace of mind of Acton residents of this Borough.

The developers claimed (and the Council accepted this without question) that on 28th March 2011 ABID HAMED (misspelt) was the sole owner of No.53 Friars Place Lane but examination of the Land Registry Register for NGL326387 on 10th August 2011 and again yesterday 3rd September 2011 shows that Mrs SADIA WAHID is the Registered Proprietor and has been since 8th October 2010.

As to this serious matter of the Ownership Certificate Notice submitted by the developers, DiversityInCare Limited (Ms Angela Edmondson) falsely claiming that as at 28th March 2011 ABID HAMED (misspelt) was the owner of No.53 Friars Place Lane, I have just received an e-mail from Ms Jones pointing out that even if the wrong parties are named in the application papers, it doesn't really matter since the development couldn't go ahead if the real owners were not agreeable (or words to this effect).

But this disappointing response from Ms Jones is simply no answer to the legal requirements for developers to submit correct and truthful information to the Council.  It is a criminal offence to knowingly or recklessly submit a false Ownership Certificate.  In my opinion, Ms Jones is setting a very poor example by her submissive and ineffective reply.  I mean why bother with Certificates at all if the real owners can stop it or if there is a covenant to stop it?  - this is what Ms Jones seems to be saying!

This is an open invitation to developers to abuse the law. I know of a case in L.B Brent where such abuse had very serious results, which I can explain later in another posting.  I have asked that this application be taken off the Agenda in the absence of a proper Certificate and proper drawings.  The drawings (as mentioned by another member of the Forum) are appalling. They do not show the internal layout for where the 19/20 occupiers + numerous day and night staff are going to be trained, receive treatment, work, live and sleep. The Applicant also refers to a new building the back garden for a Children's Nursery (10 children + staff). I do not recall seeing any plans/drawings and elevations of this new proposed backgarden building on the Web?

In any event, the planning officer, Mr Andrew Vaughan should NEVER have accepted such inadequate and unprofessional drawings.  The plans are hopeless and unacceptable.  Why then are the planners accepting them?

In a case at 14 Haven Green W5 that I have been familiar with since 1988, far superior plans (for the conversion of a derelict coach-house/garage) to those submitted by Ms Edmondson were instantly rejected by the Council's planners because of the omission of some detail and information as to the use of one small balcony area. The case officer in that instance (not Mr Andrew Vaughan) sent a whole long detailed list of requirements to the develoeprs before the Council would even consider the Application further. Nothing was ever received after the developers were put to the test and that was the end of their application!

FALSE OWNERSHIP CERTIFICATE/NOTICE: I distinctly recall a meeting of the West Area Planning Sub-Committee some years ago being conducted at the time of Cllr. Frank Impey, Labour Member for a Northolt Ward and Chair of the Planning Committee.  The senior Planning Manager at that time (Ms Jones's former superior) told the Committee when a certain Southall application came up on the Agenda that information had been received that very afternoon from a local resident (Mr George Twyman of the Southall History Society) that the applicants EFHA were NOT in fact the owners of the proposed development land as they had claimed in their Application Form. 

The Committee were duly advised by the Planning Manager that  discussion of the case should not go ahead as the application was invalid because of the Ownership Certification defect.  One Councillor asked the Legal Officer to investigate a prosecution.  The application was then promptly removed from the Agenda for that night's meeting.

But contrast this with Ms Jones's bizarre attitude that any question over the statutory requirements and planning law on ownership certificates/notices doesn't really matter - well, at least it seems, as far as Ms Edmondson is concerned!

Victor Mishiku
"The Covenant Movement"
Sunday 4th September 2011.


Entire Thread
TopicDate PostedPosted By
Acton Residents Unrepresented Again!!30/08/11 21:10:00 Elena Enn
   Re:Acton Residents Unrepresented Again!!30/08/11 21:49:00 Nicola Howard
   Re:Acton Residents Unrepresented Again!!30/08/11 21:50:00 Elena Enn
      Re:Re:Acton Residents Unrepresented Again!!30/08/11 22:10:00 Nicola Howard
   Re:Acton Residents Unrepresented Again!!30/08/11 22:15:00 Jacqueline Davis
      Re:Re:Acton Residents Unrepresented Again!!31/08/11 08:28:00 Nigel Williams
         Re:Re:Re:Acton Residents Unrepresented Again!!31/08/11 13:00:00 Nicola Howard
            Re:Re:Re:Re:Acton Residents Unrepresented Again!!31/08/11 13:27:00 Sarah Harris
   Invalid Application - Acton Residents Unrepresented Again!!31/08/11 14:34:00 Victor Mishiku
      Re:Invalid Application - Acton Residents Unrepresented Again!!31/08/11 15:07:00 Sarah Harris
      Re:Invalid Application - Acton Residents Unrepresented Again!!31/08/11 15:07:00 Sarah Harris
      Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 10:45:00 Victor Mishiku
         Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 14:22:00 joseph birotz
            Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 15:02:00 Sarah Harris
               Re:Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 15:55:00 joseph birotz
            Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 17:24:00 Victor Mishiku
               Re:Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.02/02/12 21:05:00 kathy kennelly
      SITE VISIT - Invalidity of the Application -02/09/11 18:45:00 Victor Mishiku
   Re:Acton Residents Unrepresented Again!!01/09/11 20:48:00 Charles Chara
      SITE VISIT  Tomorrow Morning 9.10am 3rd September 02/09/11 18:47:00 Victor Mishiku
         Re:SITE VISIT  Tomorrow Morning 9.10am 3rd September 03/09/11 13:35:00 Hasan Ukra
            Re: SITE VISIT  - 3rd September 03/09/11 15:45:00 Pavlos Dora
               Re:Re: SITE VISIT  - 3rd September 03/09/11 17:22:00 Lesley Russell
                  Re:Re:Re: SITE VISIT  - 3rd September 03/09/11 18:22:00 Nicola Howard
                     Re:Re:Re:Re: SITE VISIT  - 3rd September 03/09/11 22:51:00 Brijesh Chauhan
                        Post Site Visit comment04/09/11 12:03:00 Victor Mishiku
                           Post Site Visit comment (corrected)04/09/11 12:09:00 Victor Mishiku
                              Weblink E-Mail 4/9/11.04/09/11 14:42:00 Victor Mishiku
                           Re:Post Site Visit comment04/09/11 16:24:00 Louisa Asker
               Re:Re: SITE VISIT  - 3rd September 05/09/11 10:32:00 Hasan Ukra
            Re:Re:SITE VISIT  Tomorrow Morning 9.10am 3rd September 05/09/11 09:45:00 Deborah Patellaro
   1,100 Objections lodged at the Council!04/09/11 21:53:00 Charles Chara
   Peaceful Acton neighbourhood04/09/11 22:09:00 Charles Chara
   Re:Acton Residents Unrepresented Again!!05/09/11 16:46:00 The Editor
      MEETINGS - still on.05/09/11 20:14:00 Elena Nutkins
         Withdrawn Application - What a surprise!06/09/11 09:38:00 Elena Nutkins
            Re:Withdrawn Application - What a surprise!06/09/11 10:12:00 Sara Nathan
               Re:Re:Withdrawn Application - What a surprise!06/09/11 10:29:00 Hasan Ukra
                  Re:Re:Re:Withdrawn Application - What a surprise!06/09/11 11:43:00 Dee Cook
                     Re:Re:Re:Re:Withdrawn Application - What a surprise!06/09/11 12:53:00 Elena Nutkins
                        Re:Re:Re:Re:Re:Withdrawn Application - What a surprise!06/09/11 16:20:00 Hasan Ukra
   The Covenant06/09/11 16:01:00 Victor Mishiku
      Re:The Covenant06/09/11 16:25:00 Dee Cook
         The Covenant 06/09/11 19:02:00 Victor Mishiku
            planning committee, ref;53=55 FPL06/09/11 22:48:00 Hani Ukra
               Planning Department overruled by Legal Services07/09/11 00:12:00 Charles Chara
               Re:planning committee, ref;53=55 FPL07/09/11 08:35:00 Elena Nutkins
                  Re:Re:planning committee, ref;53=55 FPL07/09/11 11:14:00 Hasan Ukra
                     Re:Re:Re:planning committee, ref;53=55 FPL07/09/11 16:02:00 M ODonald
                        Re:Re:Re:Re:planning committee, ref;53=55 FPL07/09/11 18:56:00 Nicola Howard
                           Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL07/09/11 22:54:00 Iain Muir
                              Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 13:37:00 geoffrey berg
                                 Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 14:40:00 Nicola Howard
                                    Residents' efforts rewarded08/09/11 17:04:00 Victor Mishiku
                                       Correction :Residents' efforts rewarded08/09/11 17:05:00 Victor Mishiku
                              Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 20:30:00 Lesley Russell
                                 Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 21:38:00 Nicola Howard
                                 False Certificate - Ownership Details, etc08/09/11 22:52:00 Charles Chara
                                    I agree - Charles C.08/09/11 22:55:00 Charles Chara
                                       Re:I agree - Charles C.08/09/11 23:13:00 Nicola Howard
                                          Re:Re:I agree - Charles C.09/09/11 00:07:00 Rosco White
                                             "Invalidity" of the Application09/09/11 02:10:00 Victor Mishiku
                                                Re:"Invalidity" of the Application09/09/11 12:05:00 Hasan Ukra
                                                   Re:Re:"Invalidity" of the Application09/09/11 13:13:00 Ana Strachan
                                                      The last 4 months09/09/11 21:31:00 Andrea Hondrou
                                                         Re:The last 4 months09/09/11 22:36:00 Lesley Russell
   Case Officer did not visit No.53 next door10/09/11 20:21:00 Victor Mishiku
      Re:Case Officer did not visit No.53 next door10/09/11 21:57:00 Hani Ukra
         Viewing from neighbouring viewpoints11/09/11 11:53:00 Victor Mishiku
            Viewing from neighbouring viewpoints (corrected)11/09/11 12:06:00 Victor Mishiku
               Re:Viewing from neighbouring viewpoints (corrected)11/09/11 21:35:00 joseph birotz
                  Forum typing.12/09/11 14:12:00 Victor Mishiku
                     Forum typing (correction)12/09/11 14:14:00 Victor Mishiku
                        Solicitors to be instructed.13/09/11 12:11:00 Victor Mishiku
                           Re:Solicitors to be instructed.13/09/11 13:58:00 Dee Cook
                           Re:Solicitors to be instructed.13/09/11 18:51:00 Hani Ukra
                              Re:Re:Solicitors to be instructed.13/09/11 23:53:00 Rosco White
                                 Planning Letter from 37 Gibbon Road 13/9/11.15/09/11 09:54:00 Victor Mishiku
                              A new game16/09/11 19:12:00 Hani Ukra
                                 Interesting reading...19/09/11 20:57:00 Pavlos Dora
                                    Re:Interesting reading...19/09/11 21:40:00 Iain Muir
                                       Iain Muir... 19/09/11 21:58:00 Pavlos Dora
                                          Re:Iain Muir... 20/09/11 09:45:00 Lesley Russell
                                             Re:Re:Iain Muir... 20/09/11 10:56:00 joseph birotz
                                                Re:Re:Re:Iain Muir... 20/09/11 12:29:00 Rosco White
                                                   Planning Facts20/09/11 15:46:00 Elena Nutkins
                                                      Re:Planning Facts20/09/11 16:34:00 joseph birotz
                                                Re:Re:Re:Iain Muir... 20/09/11 16:52:00 Lesley Russell
                                                   Re:Re:Re:Re:Iain Muir... 20/09/11 16:59:00 joseph birotz
                                                      Re:Re:Re:Re:Re:Iain Muir... 20/09/11 17:07:00 joseph birotz
                                                         Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 17:08:00 Lesley Russell
                                                            Re:Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 17:12:00 joseph birotz
                                                               Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 20:13:00 Rosco White
                                                                  Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 22:17:00 Iain Muir
                                                                     Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 12:24:00 Lesley Russell
                                                                        Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 13:41:00 joseph birotz
                                                                           Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 13:55:00 Rosco White
                                                                              Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 15:08:00 Nicola Howard
                                                                                 Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 15:15:00 Lesley Russell
                                                                           Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 15:10:00 Lesley Russell
   Re:Acton Residents Unrepresented Again!!22/09/11 13:20:00 Diana ONeill
      Re:Re:Acton Residents Unrepresented Again!!23/09/11 12:24:00 Dee Cook
         Re:Re:Re:Acton Residents Unrepresented Again!!23/09/11 19:17:00 Iain Muir
            Solicitors letters sent to all three parties yesterday27/09/11 11:08:00 Victor Mishiku
               Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 10:47:00 Victor Mishiku
                  Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 11:09:00 Ellie Rose
                     Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 11:49:00 joseph birotz
                        Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 11:55:00 Ellie Rose
                        Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 12:00:00 joseph birotz
                           Thank you, Ellie - Destruction of Trees in the Gardens of Nos. 53 & 5503/10/11 12:51:00 Victor Mishiku
                              COMPLAINT TO CHIEF EXECUTIVE, LBE.03/10/11 20:32:00 Charles Chara
                                 COMPLAINT TO DIRECTOR - ENVIRONMENT GROUP03/10/11 20:37:00 Charles Chara
                                 Re:COMPLAINT TO CHIEF EXECUTIVE, LBE.03/10/11 21:05:00 Nicola Howard
                                    WE DEMAND AN INVESTIGATION04/10/11 18:07:00 Hasan Ukra
                                       Re:WE DEMAND AN INVESTIGATION04/10/11 21:06:00 Lesley Russell
                                       Re:WE DEMAND AN INVESTIGATION05/10/11 14:54:00 M ODonald
                                       Re:WE DEMAND AN INVESTIGATION05/10/11 16:48:00 Peter Millman
                                          Inappropriate!05/10/11 18:21:00 Andrea Hondrou
                                             "Withdrawal" Notice arrives today.07/10/11 19:23:00 Andrea Hondrou
                                                Re:"Withdrawal" Notice arrives today.07/10/11 19:47:00 Charles Chara
                                                   Re:Re:"Withdrawal" Notice arrives today.08/10/11 20:26:00 Dee Cook
                                                      Re:Re:Re:"Withdrawal" Notice arrives today.08/10/11 20:32:00 Lesley Russell
                                                         The use of the two dwellinghouses at Nos. 53 & 5508/10/11 21:09:00 Victor Mishiku
                                                         Re:Re:Re:Re:"Withdrawal" Notice arrives today.08/10/11 21:12:00 Sarah Harris
                                                            Re:Re:Re:Re:Re:"Withdrawal" Notice arrives today.08/10/11 21:43:00 Lesley Russell
                                                               Cllr. Hitesh Tailor's letter of 4th October 201109/10/11 02:20:00 Victor Mishiku
   Re:Acton Residents Unrepresented Again!!09/10/11 23:33:00 Laurie MacPherson
   Withdrawn application but questions still unanswered...10/10/11 07:16:00 Pavlos Dora
      Re:Withdrawn application but questions still unanswered...10/10/11 20:59:00 Lesley Russell
         Ealing & Acton Gazette10/10/11 23:01:00 Victor Mishiku
         free paper11/10/11 00:35:00 Pavlos Dora
            Cllr Hitesh Tailor - response sought please.11/10/11 12:32:00 Victor Mishiku
               Re:Cllr Hitesh Tailor - response sought please.11/10/11 14:01:00 Nicola Howard
                  Cllr Hitesh Tailor - response sought please.12/10/11 01:26:00 Victor Mishiku
                     Re:Cllr Hitesh Tailor - response sought please (adjusted size)12/10/11 01:43:00 Victor Mishiku
                        Why are we being ignored?12/10/11 10:49:00 Hasan Ukra
                           Re:Why are we being ignored?12/10/11 18:25:00 Rosco White
                              "Lyndell House"13/10/11 00:52:00 Victor Mishiku
                                 Second Complaint to Director dated 14/10/11.15/10/11 17:47:00 Charles Chara
                                    Re:Second Complaint to Director dated 14/10/11.21/10/11 11:05:00 Charles Chara
                                       Re:Re:Second Complaint to Director dated 14/10/11.22/10/11 08:44:00 Hasan Ukra
                                          Third Complaint to Ealing Council, Chief Executive dated 17/10/1122/10/11 22:43:00 Charles Chara
                                             In bad faith!23/10/11 19:11:00 Victor Mishiku
                                                Re:In bad faith!02/11/11 06:52:00 Alan Fairchild
                                                   Re:Re:In bad faith!06/11/11 11:10:00 Victor Mishiku
                                                      Re:Re:Re:In bad faith!07/11/11 11:56:00 Peter Millman
                                                         Re:Re:Re:Re:In bad faith!07/11/11 12:29:00 Victor Mishiku
                                                            Mr Noel Rutherford's response10/11/11 13:06:00 Victor Mishiku
                                                               Re:Mr Noel Rutherford's response10/11/11 21:17:00 Lesley Russell
                                                                  Re:Re:Mr Noel Rutherford's response11/11/11 02:47:00 Victor Mishiku
                                                                     Re:Re:Re:Mr Noel Rutherford's response11/11/11 03:10:00 Victor Mishiku
                                                               Re:Mr Noel Rutherford's response11/11/11 19:54:00 Joseph Birotz
                                                                  Re:Re:Mr Noel Rutherford's response11/11/11 21:02:00 Nicola Howard
                                                                  Re:Re:Mr Noel Rutherford's response11/11/11 21:21:00 Nicola Howard
                                                                     Re:Re:Re:Mr Noel Rutherford's response12/11/11 07:58:00 Joseph Birotz
                                                                        The Covenant Movement13/11/11 02:56:00 Victor Mishiku
                                                                           The Covenant Movement (corrected)13/11/11 02:59:00 Victor Mishiku
                                                                              How it all started - My interest in covenants.13/11/11 10:54:00 Victor Mishiku
                                                                                 Re:How it all started - My interest in covenants.13/11/11 11:21:00 Joseph Birotz
                                                                                    Thank you.14/11/11 02:30:00 Victor Mishiku
                                                                                       Rutherford16/11/11 12:11:00 George Knox
                                                                                          Knox17/11/11 11:32:00 Joseph Birotz
                                                                                             Re:Knox17/11/11 12:26:00 George Knox
                                                                                                Re:Re:Knox17/11/11 13:45:00 Joseph Birotz
                                                                                                   Follow-Up Letter to Mr Noel Rutherford23/11/11 02:27:00 Charles Chara
   Re:Acton Residents Unrepresented Again!!21/12/11 12:16:00 Geoffrey Berg
   Happy Xmas22/12/11 00:14:00 Victor Mishiku

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