May I add that it is worth checking whether or not there is a Restrictive Covenant burdening the plot at 178 Church Road, Hanwell. Such covenants might typically include a limitation as to what may stand on the land at any time. In Victorian & Edwardian times, usual covenants might for instance limit development density ("One House per Plot") and/or the kind of building that can be erected on a plot or the usage of any building.   For instance, a covenant might permit usage as "a private dwellinghouse only". A purpose-built Block of Flats does not comply with usage as a private dwellinghouse only. This has been established case law for 120 years "Rogers v Hosegood" (Court of Appeal 1900) and upheld recently in a case in Weybridge in the High Court in 2003 involving developer Cala Homes (South) Ltd who unsuccessfully argued that a Block of 12 Flats + 22 Car-parking spaces underground did not offend "a private dwellinghouse only" restriction. There are sometimes covenants about gardens or where buidings should stand (i.e. a house should be built on the Building Line, as we had a case in Cheltenham also covenants against "Annoyance" which can include "loss of open views" and "loss of sunlight to a doorway and garden plants" matters not always taken into account by planners. Case law on "Annoyance" dates back to the Court of Appeal High Court in "Tod-Heatly v Benham" (1888) and the High Court "Wood v Cooper" (1893) - the latter being an Ealing case!  This case law has been upheld again by the Court of Appeal in a case in 2009. Any objectors are welcome to contact me for further information or advice.  We are a voluntary group. Victor Mishiku  28th May 2020 "The Covenant Movement", Ealing. PS. Not long ago, we assisted neighbours defeat a proposed back garden development on a corner plot in Golden Manor, Hanwell and about 20 years ago in a backland case in Clitherow Avenue (which would have involved a breach of covenant proposed by the Head of Property Services, LBE!)

Entire Thread

Topic	Date Posted	Posted By
Elegant Hanwell house to be destroyed	28/05/20 13:39:00	Victor Mishiku
Possible Land Covenant - Elegant Hanwell house to be destroyed	28/05/20 17:00:00	Victor Mishiku
Re:Possible Land Covenant - Elegant Hanwell house to be destroyed	29/05/20 10:57:00	Arthur Breens
Re:Elegant Hanwell house to be destroyed	06/06/20 09:23:00	Oswald Whittle
Re:Re:Elegant Hanwell house to be destroyed	08/06/20 08:48:00	Tony Heath

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