The letter below was sent to the Council today
We write in relation to the planning dispute regarding the land adjacent to 1 Falconwood Road.
We have had sight of a letter prepared by Mr Barrs legal representative forwarded to us by Mr Penn, a Planning Inspector at Croydon Council.
We have some concern about this letter given that it contains a number of inaccuracies.
- Our biggest concern is that the letter contends that the Barrs own the land down from their field to the side of 1 Falconwood Road. Mr Barrs states that this is provable by public records and that the Council have told him that this is correct. We have obtained those public records and they conclusively prove that the land is not owned by the Barrs. The land from the fields down to the side of 1 Falconwood Road is owned by Devogrove Limited under Land Registry title number SGL468448. This is clearly evidenced by the title plan for that land and we are happy to share this plan with the Council. The same plan shows that the end of the grass verge belongs to Croydon Council.
- Mr Barrs states that they stopped the work to prevent a breach of the peace. This is not correct. The Barrs were requested to stop work by Council representatives on the 26th of October 2021. Despite this his workers returned the next day and attempted to continue. It is noteworthy that they had brought with them details of Mr Barrs "Legal Representative". They were again requested to stop work by the Council. The actual reason for this is that they are building on Green Belt land with no planning permission and has nothing to do with a breach of the peace.
- The letter states that there is no Public Footpath. We are preparing evidence to demonstrate the continuous use of a Footpath over the last 60 years.
We also note the statement made by Mr Barrs about the intended use for the land. We have concerns about this statement. Over the course of several weeks local residents have engaged in polite conversation with the people working on the land and were given different reasons for the work. We would hope that the Council seek appropriate evidence regarding the use of the land as part of the planning process.
Putting aside whatever concerns there are about the end use of this land the fact remains that Mr Barrs has built a road across Green Belt land that he does not own and without planning permission. Furthermore the land has been built up so that it is three bricks above the damp course of 1 Falconwood Road, a property already at risk of flooding. Additionally, storm drains have been covered over and blocked, and a gate has been erected. There have, in short, been numerous breaches of planning law.
We would ask that a meeting is arranged between the relevant Planning Officer and a representative of the Addington Residents' Association at which the documents showing the correct ownership of the land can be presented.
There is a feeling given the letter forwarded, and thereby seemingly endorsed by Mr Penn, and the incorrect assumption as to the ownership of the land, that the Council may be predisposed to grant planning permission. We hope this is not the case. We very much want to work constructively with the planning process.
We have tried to contact Mr Barrs but have had no response.
Kind regards
Captain Wiktor M Molleskog
Chair ARA