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Legal action planned to halt Brookmans Avenue flats

Public meeting called to discuss issue


11 Brookmans Avenue, Brookmans Park Image by North Mymms News released via Creative Commons BY-NC-SA 4.0
11 Brookmans Avenue, Brookmans Park
Image by North Mymms News released via Creative Commons BY-NC-SA 4.0

A group which says it represents “dozens of residents in Brookmans Park” is applying for an injunction to halt the conversion of a Brookmans Avenue house into flats.

The Brookmans Park Estate Residents Committee (BPERC), which describes itself as “a large and growing group of residents”, says its members are “passionate about preserving the character of the village”.

The group is concerned about the development taking place at 11 Brookmans Avenue for five flats, and of the planning permission granted for eight flats at 77 Brookmans Avenue.

77 Brookmans Avenue, Brookmans Park Image by North Mymms News released via Creative Commons BY-NC-SA 4.0
77 Brookmans Avenue, Brookmans Park
Image by North Mymms News released via Creative Commons BY-NC-SA 4.0

The BPERC wants to ensure that “restrictive covenants” which the group says apply to the Brookmans Park Estate are observed.
“These covenants are in place across the Brookmans Park Estate to preserve the nature, character, amenities and financial value of our properties and are plainly listed in the titles of properties, accessible for all to see.
“They can be found in property titles in Mymms Drive, Moffats Lane, Brookmans Avenue, George’s Wood Road, The Close, and others. 
“For both 11 and 77 Brookmans Avenue, these restrictive covenants explicitly prohibit the properties being leased out in separate tenements (i.e. used as flats) and any more than one private dwelling house being built on the land, among other things. 
“These covenants are legally binding, override any planning permission and a large number of properties across the Estate are a beneficiary and so have a right to insist the covenants are enforced.”

The BPERC says it’s working with a leading land law QC (Queen’s Counsel) and say what it believes to be “misleading information” has been circulated “to lead residents into believing they have no rights to enforce the covenants”.

The public meeting is being held at the United Reformed Church (URC), Bluebridge Road, Brookmans Park, on Monday 25 November at 7:30pm. The QC will be one of the speakers.

Anyone wanting to attend is asked to email bpercommittee@gmail.com by Wednesday 20 November in order to reserve a place.

The BPERC says that if the meeting is full they will have to turn away people who have not emailed in advance, “and we wish to avoid this happening”.




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