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Planning: Nursery at Liphook Crescent
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152047
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Posts: 135
Joined: Jan 2011
Post: #1
26-01-2012 02:56 PM

Well yes times change and the business of a nursery isn't that very different from that of a Doctor or Dentist.

However, if you buy a house which clearly states you can't do certain things why on earth should you expect to be able to do one of those prohibited things? You may say that the covenant is out of date but clearly, 75 years after it was put in place, some local residents think it is still relevant.

Looking at the wording it would also suggest that every house in the immediate area has the right to enforce the covenant. I am not a member of the TLERA, I don't live on the estate and I don't know the ins and outs of why they took this action but ultimately it looks like any neighbour who didn't want a nursery in that street could have taken action. If that is right any one neighbour can still enforce the covenant whatever happens at any extraordinary meeting.

As for the filming again I don't know the facts but if a neighbour has obtained a court order to enforce the covenant perhaps I can speculate and suggest that they might be trying to gather evidence relating to compliance or non-compliance with the court order?

Amongst all of the righteous criticism flying about I see no comment about the wisdom of opening the business at that location in the first place. Do the owners of the business have any responsibity in this matter whatsoever?

As for the good folk of Forest Hill being able to rely on Lewisham's Planning Department to ensure a fair and proper outcome in every planning matter well, I almost dropped my cocoa when I read that.

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RE: Planning Application: Nursery at Liphook Crescent - 152047 - 26-01-2012 02:56 PM

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