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Brookmans Avenue house conversion goes to tribunal

Claims that restrictive covenants have been breached

11 Brookmans Avenue, Brookmans Park - 5 April 2020
Image by North Mymms News released via Creative Commons BY-NC-SA 4.0

The creation of five flats, on a plot previously occupied by a single detached house at 11 Brookmans Avenue, has gone to tribunal.

Documents proposing the removal of restrictive covenants have been sent to the Upper Tribunal (Lands Chambers) before being advertised.

The Upper Tribunal, a court, is responsible for dealing with modification and removal of restrictive covenants.

The owners of 11 Brookmans Avenue have applied twice to build flats on the plot.

The first application was for a conversion involving three flats. That application was refused, but later granted on appeal.

The second application was to construct a new property containing five flats, one of which the owners planned to occupy. This was also refused, but again granted on appeal.

11 Brookmans Avenue was then demolished and a new building, split into five flats, was built.

No injunctions has even been applied for against the development at 11 Brookmans Avenue.

A number of residents, represented by the Brookmans Park Estate Residents Committee (BPERC), are campaigning to stop the development.

The BPERC said converting such a property on the Brookmans Park Estate goes against restrictive covenants affecting many of the original homes built in Brookmans Avenue, Mymms Drive, The Grove, Moffats Lane, Georges Wood Road, Pine Grove, Bradmore Way, Peplins Way, The Close, and Calder Avenue.

Three restrictive covenants affecting 11 Brookmans Avenue exist. They are dated December 1928, March 1929, and April 1931. All of them restrict the number of dwelling houses that can be built, and one of them states that no house shall be let out in separate tenements.

The BPERC says more than 50 residents/beneficiaries have already said they will object to 11 Brookmans Avenue having been converted into flats.

They are calling on others who might share their concerns to contact the group via email at bpercommittee@gmail.com.

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