Thanks for your support here.
Let’s hear from others on this exciting news first and then progress.
By the way, I did write to you separately, as a person with interest in the subject, and to respond to a previous post from the local councillor.
My initial, and ongoing engagement, was based on previous work done by you and others.
1 Like
I’ve written to the following today to outline that Duncombe Hill ‘Green’ is subject to a tenancy agreement dated from 6th May 1968 agreed between London Borough of Lewisham and the private company owner[s] of the site:
- The Mayor of Lewisham - Damien Egan
- London Borough of Lewisham Planning to object to the current proposal to build flats on part of the site.
- The Planning Inspectorate in Bristol, which is dealing with the undecided hoarding Appeal.
Now that it is clear that the whole site is subject to a legal obligation to ensure that the whole of Duncombe Hill Green is used only as “public gardens” from an ongoing agreement from 1968, then I believe that no further action is required by anyone following my correspondence today.
5 Likes
This sounds like great work, well done, certainly muddies the water for the developer but not sure of the legal ramifications as to whether it is a slam dunk or not
I think it is a ‘slam dunk’, ‘cut and dry’ issue.
When I read Damien Egan’s open letter on the issue dated from February 2019 [posted on 27th February 2019 as post 87 on this ongoing ‘thread’, I couldn’t understand why a local authority would have maintained the whole site for many years when it was owned by a private landowner.
It’s a fair and honest comment to state that our Mayor failed to outline to us all that, on 6th May 1968, Lewisham Council agreed a tenancy agreement with the pre-named, private company [now called DC Decaux] under which our local authority agreed to maintain the whole area as openly accessible, “public gardens”.
It’s also fair, honest and true to state that my initial efforts to approach Lewisham Council’s Greenscene Officers to view any relevant contracts relating to the junction with Duncombe Hill and Brockley Rise resulted in silence, which then led to the 1968 contract being disclosed under a Freedom of Information request.
I’m now pushing our Lewisham Mayor to become more pro-active and robust, in light of the disclosed, 1968 agreement, and I’ve requested a fresh, open letter from him to actively back the fact that all of the green site is still governed by the legal ramifications of the enduring 1968 agreement, which binds both the original, legal owner of the whole site and the ongoing, legal owner of part of the site as well.
What disappoints me [and I expressed it in my emailed correspondence to the Mayor of Lewisham] is that Lewisham Council could have dealt ‘in house’ with our concerns from start to finish by simply providing the relevant Planning Officer with a copy of the enduring, 1968 contract agreed on terms between Lewisham Council [a local authority] and a private company [DC Decaux] in order to refuse any planning permission to either erect hoarding or build on the part owned site.
Instead, it has been left to a private individual [me!] with legal training and a keen interest in protecting open, green space to point out and then flesh out the obvious by devoting my voluntary time to the cause.
The additional irony is that I joined the Facebook ‘Save Duncombe Green’ group and was excluded from the group within 24 hours! You couldn’t make it up!
Anyway, I am very proud to be engaged and involved in trying to resolve this ongoing issue.
I have no doubts at all that both the hoarding Appeal and current/future building development applications will be refused and that, once re-opened to public access, this ‘stepping stone’ between Blythe Hill Fields and Forest Hill/Honor Oak will attract publicly financed, re-engagement within our community.
3 Likes
One thing that everyone living in the Crofton Ward, SE23 can do over this weekend - write a copied email to all of your local councillors on this matter - Tauseef Anwar, Chris Banham and Pauline Morrison.
Simply point out in your email that you are now aware that the whole site at Duncombe Hill/Brockley Rise is subject to being kept open as “public gardens” under an ongoing, legal agreement dating from 6th May 1968 signed between London Borough of Lewisham and the previous incarnation of ‘DC Decaux’.
And then get tough and simply ask them, “What are you going to do to back up our community to ensure that this legal contract will be enforced by London Borough of Lewisham in order to get our green space back?”
2 Likes
Don’t you mean JC Decaux?
Many thanks for your post. Fortunately, I used the correct spelling in all relevant correspondence to Lewisham’s Mayor and planning. Perhaps you would be kind enough to outline if you support my sentiment that the 1968 contract held between Lewisham Council and JC Decaux accords with re-opening the site.
I hope the petition to Save Our Space wins!!
These so called money makers just love to come and destroy such precious places however they please.
I am really fed up of idol ideas just to make a pointless mark.
I do love change but not unnecessary and silly thoughtless change. I am not sorry to shout about this!!! Glad I signed the petition.
Money just can’t buy class neither can it shine on someone else’s light no matter what… saying goes if it ain’t broke don’t fix it especially when places big or small hold special meaning to such a great area.
Proud to have grown up and still live in Honor Oak Park for many wonderful reasons. Beauty at its best xx
I think the petition was very good in showing the public interest in this issue, and certainly there were some very supportive statements (or tweets?) from Councilors.
But things move slowly through the planning process, and so we all wait to see what happens with the enforcement notice and planning application too.
Previously we’ve had a long thread about this, with some insightful comments and revelations: /se23.life/t/proposed-development-on-duncombe-hill-green/8959 [note this just got merged into the same topic 
]
Particularly @Austen_Jones has been a super-slewth too and has identified a prior legal agreement that hopeful can curtail future developments on the site.
3 Likes
Thank you very much for your feedback means a lot.
That’s encouraging news.
Great to hear the right people in place getting the message out. So very proud and I fully support that. I like many look forward to seeing those Beautiful Trees branching out dancing in the wind looking forever green.
Apologies for coming across like it was not my idea far from it. I wanted to share my support to this important cause. Just lately fed up of negativity like most. If we don’t show we care then nothing is worth it. I 1 million percent believe in this and happy share that openly with a great bunch of delights. Your response meant a lot and any other feedback. Have a great evening 
2 Likes
I saw no problem with your post at all, and personally appreciate the interest in this topic, thank you.
I agree - well put, and that’s a good sentiment that goes far beyond just Duncombe Hill Green.
3 Likes
The campaign group are reporting that the landowners have been instructed to take down the fence by 27th October. I hope this sticks.
2 Likes
Direct link: https://acp.planninginspectorate.gov.uk/ViewDocument.aspx?fileid=34383384
Pretty damning too, but this stands out as the second reason for dismissal, particularly the last sentence:
The land is on a prominent corner at the western end of the residential street Duncombe Hill at its junction with Brockley Rise, a busy street with shops, bus stops, a public house and other businesses. Before the timber hoarding was Erected photographs show that the land was a grassed area with a group of trees which made a very positive contribution to the attractiveness of the street scene. The triangular shaped open space, although small, provided visual relief within the urban surroundings and complemented the street trees and larger open spaces in the area. Representations on the appeal indicate that the small open space is much valued by the local community.
[Emboldening by me]
4 Likes
Game over. Investor Alliance lost the appeal. Duncombe Hill Green is saved. The fence has to be removed before the end of October. We won everyone. Thanks to everyone who helped make this happen
12 Likes
The verdict seems to be very robust.
I agree with it.
I don’t see how there could be significant development on this site with several trees subject to tree preservation orders, unless somehow they die. This would seem to be unlikely as local residents want the space to remain open.
2 Likes
Indeed. Am looking forward to that fence coming down, really has become an eyesore. I hope they have to clear up all the crap that is no doubt been dumped \ left behind.
It’s odd but I think if they’d not put up the fences they would not have met such resistance - a total tactical miscalculation by them.
5 Likes
That’s the best news to my week so far!!
If anyone is up for enhancing this beautiful space… like repainting the mini fence near the bus stop & new sitting area etc. I be up for that kind of magic maybe a few flower patches. So this historical area can sparkle for many years to come with new life. Sorry not sorry I like many just want to show off this beautiful area again appreciating the meaning of my local area and community mean to me ever more now. 
Looking forward to the new wildlife also making a visit xxx Well done superstars xxx
I think I just won the lottery what a feeling xxx
2 Likes
While I’m delighted that the ruling has gone against IA and they have to take the fence down, people should remember that this is only half the battle - the proposal to redevelop the area into flats is (I believe) still lodged with the council, and is still pending a decision. I’d be very happy to be proven wrong, though.
1 Like
I have a feeling that the Inspector’s comments, which will be a material consideration in any Planning Application, have swung things even further against the developer.
I agree the appeal notice is only regarding the enforcement to remove the fence.
The discussion of planning permission in the appeal decision relates only to the fact that if the appeal over the fence was successful, it is paramount to implicitly granting planning permission for the fence, and so legislation notes that when appealing, it also implies an applying for planning permission as per the Town and Country Planning Act 1990, section 177.5.
The section can be seen here: https://www.legislation.gov.uk/ukpga/1990/8/section/177:
