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141 Berkeley Homes on a football field: Lawsuit for Cator Estate

There’s a plan to replace a disused football field with a load of houses.  This greenfield site (i.e. open land that has never been built on before), needs access from Manor Way and Brooklands Park.  The developers “Derreb“, have filed a lawsuit against the Blackheath Cator Estate Residents, saying that they must allow access.  According to the Cator newsletter:

“The original conveyance of the Huntsman land contained a restrictive covenant restricting its use to that of a sports field, or “detached houses for use as private residence only, such buildings to be erected in such a position and in accordance with such plans and
elevations, including general layout and development plans as shall first be submitted to, and approved, at the Purchaser’s expense by the Vendor’s Surveyor.”

BCER has drawn the existence of this covenant to Derreb’s attention, including the fact that as purchaser of the roads from the John Cator Estate, it is now BCER’s surveyor from whom approval is required. Derreb have said they intend applying to the Lands Tribunal to have this restrictive covenantmodified or discharged.”

And according to the developers environmental report:

Provisional of 141 residential units including:
A range of houses and flat types from between 1 and 4 bedrooms

The newsletter says:

Derreb says it has submitted a revised planning application, and is holding two meetings to exhibit what it terms the ‘final plans’ at St Michael & All Angels Church Hall from 6pm to 9pm on 1 and 4 February.

Which is another Beware of the Leopard moment…

Planning laws in this country are a joke.  It is a battle of professionals against amateurs.  They are designed to allow large developers to bully local councils with lawsuits, and allow repeated re-applications, in such away that the developers have very little to lose,  and small groups cannot win.

the
original conveyance of the Huntsman land contained
a restrictive covenant restricting its use to that of a
sports field, or “detached houses for use as private
residence only, such buildings to be erected in such a
position and in accordance with such plans and
elevations, including general layout and development
plans as shall first be submitted to, and approved, at
the Purchaser’s expense by the Vendor’s Surveyor.”
BCER has drawn the existence of this covenant to
Derreb’s attention, including the fact that as
purchaser of the roads from the John Cator Estate, it
is now BCER’s surveyor from whom approval is
required. Derreb have said they intend applying to
the Lands Tribunal to have this restrictive covenant
modified or discharged.

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Filed under blackheath, greenwich, planning