Campaigners Lose Battle to Preserve Haven Green as Common Land

And now fear that a dangerous precedent has been set for land grabbing

Campaigners are furious after part of Haven Green common land has been deregistered for use as a cycle hub but cyclists have declare it a 'victory for common sense'.

Ealing Council made the application retrospectively and groups including The Open Spaces Society and Friends of Haven Green say the section 16 application was intended to legitimise the unlawful works.

Haven Green - opposite Ealing Broadway Station - was initially registered under the Commons Registration Act 1965 in 1968 offering legal protection from development.

How it looked before cycle hub

In 2012 Ealing Council created the cycle hub on a part of the land which needed to be redesignated but the council didn't apply for it before started the work.

Cycle hub

The objectors argued that the land occupied by the bike stands ought to be available for public access, on foot and horseback, and as a means of reaching other nearby parts of the common.  The hub impeded access across the common and obstructed the open views.  There were no exceptional circumstances or compelling reasons why exchange land could not be offered and they said there were other equally-suitable locations for cycle parking nearby.

However, the inspector dismissed these comments and considered that the loss of this common ‘would not have any significant adverse effects’ on the interests of the public and the neighbourhood.  He considered it highly likely that once Crossrail commences operations, the demand for secure cycle-storage will increase.

Will French of the Friends of Haven Green said:‘We consider this to be a serious setback.  The inspector has found it to be in the public interest to deregister this prominent corner of Haven Green common in order to accommodate the pressures on Ealing Broadway station that Crossrail is expected to create.

‘Common land is statutorily safeguarded for the enjoyment and recreation of the public.  One thing that the inspector firmly rejected is that the cycle hub has anything to do with recreation.

‘The council was fully aware of the green’s common-land status before it installed the cycle hub but it refused at the time even to acknowledge it and failed to obtain consent for works on the common.

‘In deciding to allow the deregistration without any offer of exchange land, the inspector was swayed by the current circumstances and the pressures to be created by Crossrail—we feel that to be perverse given that the hub was built before Crossrail was planned here.  Although 188 square metres might seem a small area, this is only a small common and the hub occupies about one per cent of the total area—which is significant.

‘We are sorry that Ealing has been rewarded for installing the hub without consent.  We fear now that this decision may create a precedent for other threatened areas of common land in London; with development pressures and high land-prices nowhere is safe.’

Kate Ashbrook, general secretary of the Open Spaces Society said ‘We fought a strong campaign to defend the public interest and it is sad that the inspector has rejected our arguments.  The people of Ealing will be the poorer for the loss of part of their open space, and we shall have to be vigilant to ensure that similar depredations do not occur on other London commons.’

The decision follows a four-day public inquiry held in March and April 2017, at which the inspector, Alan Beckett, acted on behalf of the environment secretary.

Ealing Cycle Campaign presented evidence at the inquiry and spokesperson Nick Moffitt said:

'' The public's response to the Haven Green inquiry was over 90% in support of retaining the Bike Hub. Most comments noted that before the structure was built, bikes tended to be chained to railings and other street furniture and impeded the public footpaths.

''The council's design for the shelter was reached in conjunction with Haven Green stakeholder groups, and Inspector Alan Beckett noted that it does not impede views or public access. In his conclusion, Beckett described this case as "exceptional" and "perhaps unique", which ought to allay fears that this sets any sort of broader precedent.

''Ealing Cycling Campaign consider this decision a victory for common sense. The Bike Hub is a vital local amenity which improves the state of Haven Green, and it has become an iconic part of the Ealing landscape.''

Cllr Bassam Mahfouz, Ealing Council’s cabinet member for Transport, Environment and Leisure said:

"Anyone who remembers what that corner of Haven Green used to look like, will remember it was an unusable, unsightly island of concrete surrounded by a sea of taxis.  The Bike Hub is not only a valuable resource but also enhances that corner of Haven Green, designed with clear sight lines through to the Green and a low pitched roof to compliment the space, it adds real value.  It is massively well used and improves the space for those not only who cycle, but also for those who wish to use taxis at Ealing Broadway. 

'' I am delighted that the decision has been made to allow the fantastic facility to remain, whilst we continue to work to enhance Haven Green as a wonderful open space in the borough."

8th August 2017