Res.Update9

Proposed changes to the Restrictive Covenant
The Council has given us constant assurances
that they need “less than 300 sqm” to expand
the school and the rest of the Rec will continue
to be protected. The Council’s application to
the Upper Tribunal shows these assurances to
be worthless.
The application documents refer to an area
“coloured green” but do not specify its size.
The accompanying maps show a “green” area
of some 2,422 sqm (including the new school
playground, the school building and the
MUGA). But the Council insists it refers to the
296 sqm which is to be a school playground.
Why has the Council not applied for the piece
of land on which they intend to build the
school? Council Official Tom Proctor has said
that the application is “in principle”: the new
wording of the Covenant proposed by the
Council says:
“ …no building or other erection not reasonably
required for use in connection with
a pleasure ground and/or the adjoining
Dundonald Primary School shall at any
time be erected or made upon the said
piece or parcel of land …”
Other “public benefit” open space at risk too
The Rec is “public benefit” but the Council is trying
to stifle opposition at the Upper Tribunal by
claiming that objectors have failed to identify an
enforceable legal entitlement to the benefit of the
restrictive covenant. Are they saying the Rec is
NOT for public benefit, or are they saying local
people are not the “public”?
winc hes ter white
E S T A T E A G E N T S
Page 6
If Merton residents are prevented from defending
a public benefit covenant then ALL other open
spaces “protected” by such agreements are at risk.
John Innes Park and Church Fields in Merton Park
have similar agreements. Will they be in
jeopardy when the Council decides to expand
Rutlish School or Merton Park Primary?
Wimbledon’s Award Winning
Lettings Specialist
T: 020 3195 0768 • E: alexw@winchester-white.co.uk • W: www.winchester-white.co.uk
Landlords: We are a young and exciting company with a hyper-talented team who
will achieve you the very best results for your rental property. Alex Winchester has
over 10 years experience in the Wimbledon lettings market so please call him
directly on 07919 055 001 if you would like to
discuss the possibility of renting your property
Proposed new
wording puts
entire Rec at risk
This amendment would allow the school
to be built anywhere on the Rec, subject
only to planning permission which as we
know is easily forced through. So much for
“principles”.