NHS Kingston have submitted planning applications to redevelop Surbiton Hospital with a brand new health care centre and primary school.
Under the proposals the existing hospital, in Ewell Road, will be demolished to make way for a new two and three storey building which would provide a new base for up to eight existing GP practices as well as outpatient care, community services, therapies and a pharmacy.
Residents are angry that the proposals have been submitted as a joint application because although they welcome a new hospital they don't think there is the space for a primary school.
Graham Goldspring of the Oakhill and District Residents' Association, said: "The majority of people want a new hospital, that isn't the issue, the issue is the school that will be built next to it."
Comments
I agree that it would be unwise to try to squeeze a school at the back of the rebuilt hospital. There is also a covenant on the land that expressly prohibits the construction of a school at the rear of the site.
i AGREE. What is the covenant and is it still valid? We had a restrictive covenant which we tried to enact to stop flats being built next to us but it turned out to be useless. However we did get the flats moved more than 15 metres from our house due to "right to light" if you have lived in your property more than 20 years.
I was told that all covenants are valid unless annulled or varied by all their beneficiaries. The problem is enforcing them, since that might involve taking costly legal action. A restrictive covenant applies to the back of the Hospital site, and it says no business or school can be built there. However, the Council and NHS seem be ignoring it and trying to press ahead as quickly as possible and build a big school on the land.
I don't know why the covenant you refer to proved useless. Did you get advice from a lawyer about it? It probably all depends how it was worded, and whether it had any timeframe attached, etc. I'm no expert.
From the horse's mouth:
http://moderngov.kingston.gov.uk/mgConvert2PDF.aspx?ID=24309
JOINT REDEVELOPMENT OF SURBITON HOSPITAL SITE - PROPOSED SITE FOR A
NEW PRIMARY SCHOOL AND COMMUNITY BASED HEALTH FACILITY
Report by the Director of Learning and Children’s Services (Interim) and the Director of
Health and Adult Services
Executive Member for Education for All
.
.
.
LAND COVENANTS
13. A search of the land registry title for the whole site identified a number of historical
covenants dating back to the 1800’s prior to the construction of the current hospital.
The covenants relate back to a time before state education when the affluent
neighbours of the large houses in the area wanted to protect themselves from the
opening of a private school as was common at the time or a business. The area of
Surbiton and nature of education have moved on and one of these neighbours has
itself now become an educational facility. As the covenants that exist on the site are
prescriptive, they have, in effect, already been breached by the building of Surbiton
Hospital. The proposed health and GP facilities will also not fall within the covenant
permissions and will be also dealt with by legal advisors.
14. Under the Town and Country Planning Act 1990 Section 237 Local Authorities have
the statutory power to appropriate land for planning purposes free from restrictive
covenants.
15. It should be noted that the existence of covenants on land is not a material planning
consideration for the purposes of determining planning applications.
16. The Executive is requested to acknowledge the proposed route for appropriating
the land free of covenants through Section 237 of the Town and Country Planning
Act 1990.
Thanks. I was also told that it was not a material planning consideration, however anyone owning access to the covenant could challenge this and could cause problems which could affect rebuilding. There are specialist lawyers who could help here.
As new houses were built 1993 in place of the factory at the bottom of our garden to which the original covenant related, when we used a surveyer with the later application for the remainder of the land c2006 it was deemed to have already been broken (we did mention it in the original planning application in 1993 and it was ignored re distance but we were not as clued up on planning law then and did not consult a surveyor) Yes the covenant still exists but practically useless now. The original covenant was for the Earl of Egmont who originally owned the land on which our houses were built. If you have specific detail of the hospital site then I suggest you attend the planning meetings at both Surbiton Hill and South of the Border when anyone will be able to comment prior to a decision at the Develeopment Control meeting. Where does this covenant cover because the Oakhill Health Centre (a business) already exists at the back and will be replaced with a bigger practice in the new plans
well, you were told wrong then.
Covenants can be (and are routinely) overruled under planning law.
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