In reply to the question about past breaches of the covenant, as far as I know, most of the adjoining properties are still used as private family residences. Often on large residential estates, over the years breaches may have occurred here and there on an Estate such as 3 flats in the larger properties and often such breaches are tolerated if the property retains its appearance as a single dwellinghouse.  However, building very large extensions for conversions blocking light and views or knocking down houses and building blocks of modern flats would not be the same. In Castlebar Road W5 for instance, No.11 was originally built and leased in 1885 (and later sold freehold by the Prudential in the 1920's) on Edward Wood's "Hanger Hill Estate, Ealing". No.11 was for 125 years used as a family residence and for the last 50 years or so, part of the ground floor was also used by the owner (Mr Mack) and his later his daughter Gillian) as a dental surgery. The covenant on the Victorian estate allows a private dwellinghouse or a professional residence (such as a piano teacher, accountant, architect, etc who lives at and works from home).  Just last year, and following the death of Miss Gillian Mack, the house was sold. The new owners immediately applied to build large extensions on 3 floors, install two extra entrances convert the house into 5 Flats + a Dental Practice entered from the front of the property. Three immediately adjoining neighbours at Nos. 9, 13 & 15 (who had an L-shaped garden) wrote to the new owners pointing out the terms of the freehold covenant.  The developers promptly withdrew their planning application and put the house (for which they had paid £1.2 Million) up for sale. It was bought by a family who have just finished renovating it with a new roof, kitchen, etc. So, it is a question of degree.  Some minor breaches may be tolerated but it does not mean that you have abandoned your legal rights to enforce against a different or more intensive use. As mentioned, a piano teacher who lives at the house, would not be in breach of the Hanger Hill Estate covenant  - but building the Royal Albert Hall next door would! When we fought the ex-offenders hostel case in 1988 - 1991 on the "Elms Estate Ealing & Acton", the High Court Judge found that half of the properties on the Estate had been internally converted into flats but he still held that the covenant requiring a private dwellinghouse was not obsolete and that the proposed hostel was therefore disallowed under the 1915 covenant and in addition the Judge held that there would be "annoyance" under the terms of the covenant because neighbours had expressed apprehension as to the proposed use of the dwellinghouse (which was not a semi-detached house as in the Goldsmiths' covenant case). This case is the one where the Council was found guilty of maladministration for concealing the true intended use of the property following a formal complaint to the Local Government Ombudsman signed by some 60 property owners. It is sometimes asked "How strong are the covenants?"  - it has been said in reply "As strong as the residents behind them"! In the instant case, the majority of adjoining properties appear to be family homes. It is not a commercial area with shops, etc. You just have the usual School, Pub and Church on designated plots and then houses and perhaps a few blocks of flats allowed by The Goldsmiths' Estate. As you may have heard, The Goldsmiths' Estate supports the residents' objections and has written to the Council to that effect. I do not believe that the private dwellinghouse covenant has been made obsolete by anything which may have occurred on the Estate since the original houses in Friars Place Lane were planned and built over 80 years ago. Victor Mishiku  6/9/11. "The Covenant Movement"

Entire Thread

Topic	Date Posted	Posted 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 comment	04/09/11 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 comment	04/09/11 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 neighbourhood	04/09/11 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 Covenant	06/09/11 16:01:00	Victor Mishiku
Re:The Covenant	06/09/11 16:25:00	Dee Cook
The Covenant	06/09/11 19:02:00	Victor Mishiku
planning committee, ref;53=55 FPL	06/09/11 22:48:00	Hani Ukra
Planning Department overruled by Legal Services	07/09/11 00:12:00	Charles Chara
Re:planning committee, ref;53=55 FPL	07/09/11 08:35:00	Elena Nutkins
Re:Re:planning committee, ref;53=55 FPL	07/09/11 11:14:00	Hasan Ukra
Re:Re:Re:planning committee, ref;53=55 FPL	07/09/11 16:02:00	M ODonald
Re:Re:Re:Re:planning committee, ref;53=55 FPL	07/09/11 18:56:00	Nicola Howard
Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL	07/09/11 22:54:00	Iain Muir
Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL	08/09/11 13:37:00	geoffrey berg
Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL	08/09/11 14:40:00	Nicola Howard
Residents' efforts rewarded	08/09/11 17:04:00	Victor Mishiku
Correction :Residents' efforts rewarded	08/09/11 17:05:00	Victor Mishiku
Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL	08/09/11 20:30:00	Lesley Russell
Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL	08/09/11 21:38:00	Nicola Howard
False Certificate - Ownership Details, etc	08/09/11 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 Application	09/09/11 02:10:00	Victor Mishiku
Re:"Invalidity" of the Application	09/09/11 12:05:00	Hasan Ukra
Re:Re:"Invalidity" of the Application	09/09/11 13:13:00	Ana Strachan
The last 4 months	09/09/11 21:31:00	Andrea Hondrou
Re:The last 4 months	09/09/11 22:36:00	Lesley Russell
Case Officer did not visit No.53 next door	10/09/11 20:21:00	Victor Mishiku
Re:Case Officer did not visit No.53 next door	10/09/11 21:57:00	Hani Ukra
Viewing from neighbouring viewpoints	11/09/11 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 game	16/09/11 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 Facts	20/09/11 15:46:00	Elena Nutkins
Re:Planning Facts	20/09/11 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 yesterday	27/09/11 11:08:00	Victor Mishiku
Destruction of Trees in the Gardens of Nos. 53 & 55	30/09/11 10:47:00	Victor Mishiku
Re:Destruction of Trees in the Gardens of Nos. 53 & 55	30/09/11 11:09:00	Ellie Rose
Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 55	30/09/11 11:49:00	joseph birotz
Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 55	30/09/11 11:55:00	Ellie Rose
Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 55	30/09/11 12:00:00	joseph birotz
Thank you, Ellie - Destruction of Trees in the Gardens of Nos. 53 & 55	03/10/11 12:51:00	Victor Mishiku
COMPLAINT TO CHIEF EXECUTIVE, LBE.	03/10/11 20:32:00	Charles Chara
COMPLAINT TO DIRECTOR - ENVIRONMENT GROUP	03/10/11 20:37:00	Charles Chara
Re:COMPLAINT TO CHIEF EXECUTIVE, LBE.	03/10/11 21:05:00	Nicola Howard
WE DEMAND AN INVESTIGATION	04/10/11 18:07:00	Hasan Ukra
Re:WE DEMAND AN INVESTIGATION	04/10/11 21:06:00	Lesley Russell
Re:WE DEMAND AN INVESTIGATION	05/10/11 14:54:00	M ODonald
Re:WE DEMAND AN INVESTIGATION	05/10/11 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 & 55	08/10/11 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 2011	09/10/11 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 Gazette	10/10/11 23:01:00	Victor Mishiku
free paper	11/10/11 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 17/10/11	22/10/11 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 response	10/11/11 13:06:00	Victor Mishiku
Re:Mr Noel Rutherford's response	10/11/11 21:17:00	Lesley Russell
Re:Re:Mr Noel Rutherford's response	11/11/11 02:47:00	Victor Mishiku
Re:Re:Re:Mr Noel Rutherford's response	11/11/11 03:10:00	Victor Mishiku
Re:Mr Noel Rutherford's response	11/11/11 19:54:00	Joseph Birotz
Re:Re:Mr Noel Rutherford's response	11/11/11 21:02:00	Nicola Howard
Re:Re:Mr Noel Rutherford's response	11/11/11 21:21:00	Nicola Howard
Re:Re:Re:Mr Noel Rutherford's response	12/11/11 07:58:00	Joseph Birotz
The Covenant Movement	13/11/11 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
Rutherford	16/11/11 12:11:00	George Knox
Knox	17/11/11 11:32:00	Joseph Birotz
Re:Knox	17/11/11 12:26:00	George Knox
Re:Re:Knox	17/11/11 13:45:00	Joseph Birotz
Follow-Up Letter to Mr Noel Rutherford	23/11/11 02:27:00	Charles Chara
Re:Acton Residents Unrepresented Again!!	21/12/11 12:16:00	Geoffrey Berg
Happy Xmas	22/12/11 00:14:00	Victor Mishiku

Forum Home