Forum Message

Topic: Viewing from neighbouring viewpoints
Posted by: Victor Mishiku
Date/Time: 11/09/11 11:53:00

CASE OFFICER SITE VISIT: In my previous posting, I mentioned how I believe it is very important for a planning case officer when assessing an Application and how it could affect adjoining and neighbouring residents to actually come and view the application land from various vantage points.

In this case, the proposed Company's business is already being promoted on the Web. The Director/Chairman, Ms Angela Edmondson has said in her podcast interview that paying £5,000 a month would save the authorities spending £50,000 a month to have a parent held in prison and her child put into care. Obviously, this is a very lucrative operation generating huge sums of money - at the expense of neighbours whose properties will become unsaleable and may well be driven out of their homes where they have lived for over 40 years in some cases.  Some families originally leased their homes from The Goldsmiths' Company in the late 20's later buying their freeholds after the Leasehold Reform Act 1967.

COVENANT: When purchasers bought their homes, they would have been made aware by their solicitors that the property was subject to the Goldsmiths' restrictions requiring each dwellinghouse be used as a private residence and that nothing should be done or the land (or allowed to be done) that may be an "Annoyance" to other tenants/owners on the Estate.

Having purchased their homes and undertaken to observe these restrictions in the knowledge that others had also done so and more would be doing the same, it seems unfair that a planning officer, who may have little knowledge of the Estate and who may care about it even less, should seek to undermine what has been in place for 80 years or more.

NON-DISCLOSURE OF TRUE INTENDED USE: The covenant is a right that neighbours can enforce themselves whether not the Planning Department are promoting a use prohibited by the covenant. A use which the Planning Department were told not to disclose to the residents and which they went along with the bare "sui generis" letter giving no details of the true intended use.

As I wrote before, I am amazed at this conspiracy by the Council, given the finding of the Local Government Ombudsman in the 1991 Complaint upheld finding Ealing Council guilty of MALADMINISTRATION in the No.18 Freeland Road case, when residents were deliberately kept in the dark about the proposals by EFHA to use the dwellinghouse as an Ex-Offenders Hostel and then the Committee was told that there were no objections (apart from a request to move the position of the waste bins!).

I have been told by a personal family friend of Mrs Sadia Wahid that she was unaware of what the caretaker, Mr Ayub, had apparently arranged with Ms Edmondson i.e. that from 8th September 2011, the two dwellinghouses would be taken over by Lease by DiversityInCare Limited (i.e. the next day after the planning permission which Ms Edmondson had been counting on and, it appears, had already considered "a done deal" since she has been advertising the premises on the Web in some detail well before 7th September 2011).

NURSERY BUILDING TO BE ERECTED: One prominent feature of the publicity is the "Nursery Building" (to be staffed 24 Hours Day & Night, 365 Days a Year) and which is to be erected in the back garden of the Hostel.

The only problem is - the poorly presented Plans & Drawings do not reveal this aspect of the development anywhere in any of the inadequate Plans/Drawings, that the case officer, Mr Andrew Vaughan appears to have been happy to accept without question.

Normally, the Council is stringent on requiring propery detailed Plans.  The Plans put in by Ms Edmondson's Company do not even show the full extent of the two properties and their gardens (where there are some mature trees in No.55) or the boundaries with adjoining houses in Friars Place Lane and Gibbon Road behind.

The combined properties are not to be used as a private dwellinghouse only and therefore, even under the planning sustem, there is no "permitted development" and thus, the proposed 24 Hours Nursery Building for 10 Children and Day & Night Staff requires planning permission and this building should be shown on the Plans and in addition, there should be proper Elevation Plans of it. We don't know the width, length or height of the Nursery Building - we don't know where it is to be built?  Are the trees to be felled?  None of this information is provided  - this is all contrary to the Government's "Guidance on Information Requirements and Validation".

Of course, whilst the residents were kept in the dark and misled and the Council given false documents, the Planning Department is fully aware of all of the details of this proposed Hostel (details which they were asked by Ms Edmondson to keep secret). The Planning Department did not attempt to seek proper Plans from the developers nor did they even enquire as to the missing Plans for the back garden Nursery Building, which is obviously INTEGRAL to the proposed development.

The complete omission of this main element of the proposed development (which stretches over two original Goldsmiths' plots) means that the Planning Department cannot have assessed the impact on the many immediately adjoining neighbours either side of Nos. 53 and 55 and at the rear in Gibbon Road.

WHY?: The conduct of the Planning Department in accepting Certificates and Plans that have been shown to be unlawful and totally inadequate remains baffling!

The Planning Department do know that there is a restrictive covenant which would prevent this development (a development which Mrs Sadia Wahid the registered owner of No.53, living in Pakistan, was apparently completely unaware of), yet they seem to be going out of their to try to push this through by any means, effectively encouraging or inducing Ms Edmondson to try to break the covenants (opposed by The Goldsmiths' Company and hundreds of residents from neighbouring homes in Friars Place Lane, Perryn Road, Vyner Road, Bowes Road, East Acton Lane, etc), which is likely to involve not only Ms Edmondson's Company "DiversityInCare Limited" but also the two landowners (Majid Hameed and Sadia Wahid, both living in Pakistan) in High Court litigation.

It was only when the superior officer mentioned in an earlier posting finally looked at the papers on 5th September 2011 and reported his findings to the Environment Group Director (Mr Noel Rutherford) that he had found no less than 7 defects in the Application papers, that finally, the Council declared the Application to be INVALID (as we had been telling them all along).

But even then, Mr Andrew Vaughan seems to have wanted to "revive" it by producing an "alternative" Ownership Certificate/Notice. This was however rejected by the superior officer in a final note to the Director on 5th September 2011. This all took place 3 days after the Head of Planning herself (Ms Aileen Jones) rejected my valid and law-based complaint about the unlawful status of the Application and she ruled that the case must go forward to Committee on 7th September 2011 in accordance with Mr Vaughan's favourable report granting planning permission.

As we now now, Ms Jones, The Head of Planning, was overruled by the Legal Department in her absence.

FAMILIES DRIVEN OUT:  I firmly believe that if this development were to be allowed to go ahead, it would drive out the families of the adjoining private residences at Nos. 51 and 57.

On a forced sale, their homes would have to be heavily discounted since what family in their right mind would wish to move in next door to premises to be used as some kind of an "open prison" with drug addicts, sex workers, mental patients and ex-offenders or persons on licence from the Home Office/Prison Service, etc operating 24 Hours a Day  - and even in the back garden!

I suspect that the only buyers for the homes would be other business/institutional companies and we could end up with a block of 4 such institutional-type uses at Nos. 51, 53, 55 & 57.  With rear extensions, basements, roof conversions, more nursery buildings, each of the former dwellinghouses could accommodate temporary accommodation up to 20 persons + children, so we could have up to 80 ex-offenders, etc. in what was once four family homes protected by covenants.

The developers' original Location OS Map showed 4 houses as the application land!  A wished-for prophecy perhaps on the part of Ms Edmondson?

With 4 houses gone to Hostels and HalfWay Houses, the developers assisted by the Planning Department could then try to argue that it is the private family homes nearby that are "out of character" in this stretch of road on the Estate and so perhaps No. 47 and No. 59 could be added in to the list, providing six Hostels and so on.

Fortunately, in this instance - on this Estate, I think you will find that those promoting this unwelcome development against the clearly expressed wishes of the local community may not have the last word.

Victor Mishiku
"The Covenant Movement"  11/9/11.


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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