Fury Over 'Public' Land Given To Ealing Developer

Ealing Council's accused of setting dangerous precedent in 'land grab' dispute

 
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Residents in Ealing are furious after a local developer was given permission to extend his boundary onto what they believe is public land.

west road google street view
( google street view June 2015)

The land in question was a grassy section next to 4 West Road on the junction with Montpelier Road in W5, and the dispute centres on a lack of public notification over the original planning application and queries over ownership of this land.

Joe de Rozarieux, on behalf of Birkdale Area Residents Association, says: '' In the first instance nobody in the area knew about the application, there was no correspondence with neighbours, no site notices put up and nobody saw anything in the Ealing Gazette. If we had been made aware there would have been hundreds of objections.''

In April 2016, after having received a number of other planning applications the council granted permission for the owner of number 4 West Road, company director, Ali Akbar Ahmad, to extend the boundary of the property, taking over the grass verge.

Shocked residents have been battling to get the decision overturned as they believe he has been given a parcel of land which he doesn't legally own.

West Road June 2017

( google street view June 2017)

They contacted the Land Registry and the area was found to be unregistered, however, they claim that a public bench on the land and the fact that it has been tended for many years by the council is proof that it has been in public use.

The utility company Southern Electric, which has cables under the strip of land, applied and was granted a 'Caution against First Registration' and residents believe that until ownership is settled no work should have started. 

bench - google street view 2008
( Google street view showing bench 2008)

However, Ealing Council lawyers, in correspondence with the Residents Association say that there is insufficient evidence to suggest the Council owns the land and 'occasional grass cutting would not be sufficient to enable the council to claim an interest by 'adverse possession'.

Mr de Rozarieux says: '' We want this work put on hold until there is absolute proof that this is not public land. The Council should halt this extension.''


( latest image of new boundary)

Conservative ward representative Councillor Greg Stafford agrees and says, "This piece of green open space has been public land for as long as anyone can remember and was a  respite area for those who'd just climbed the hill, with a council-owed bench to relax. Unfortunately, with the usual incompetence and inertia that we have come to expect from the Labour-run planning department, this haven has been appropriated by a developer without any consultation or consideration.

''The Council have washed their hands of this situation and have allowed a developer to seize a piece of public land without any comeback. Unless the Council immediately take legal proceedings to prevent this loss, it will be open-season on all our public land. It is a shocking dereliction of duty by this Labour Council".

Liberal Democrat Councillor Jon Ball says, '' This is yet another example of the Labour administration siding with developers rather than residents. The presence of the bench means that the Council should claim this verge as Council land and prevent it from being grabbed.

“In addition, Labour’s foolish decision to stop sending neighbour notification letters for planning applications has been a major contribution to this situation being allowed to get so far.”

Residents fear if no action is taken in this case other such non-registered areas could fall into private hands.

Ealing Council say planning permission was approved on 26th April 2016 for the “installation of a brick boundary wall with railings to the east elevation (facing West Road) as a consequence of enlarged site boundary; and alteration to existing boundary wall.”

A site inspection was undertaken on 11th January 2018 where it was confirmed that the approved boundary wall had not yet been constructed but the entrance pillars had and 'appeared' to fall within the scope of the permission.

The council say''Issues regarding encroachment and land grabbing largely fall outside the scope of planning enforcement and are considered civil matters that should be addressed through a solicitor.''

 

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14th March 2018 ( updated 16/03)


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