Basements Updates
Email letters between Helen Oratore, Secretary of the B.R.A. and Anthony de-Roche, Highways Licensing Street Management Delivery Unit. This is an example of what the B.R.A. Committee do.
Dear Mrs. Oratore.
22 WILTON STREET, LONDON SW1
Please see my email to the site team sent earlier today. I am disappointed with the outcome of the meeting and I have sent the following enforcement letter. I will of course keep you updated on any response I subsequently receive.
Anthony de-Roche
“Further to our discussion on Friday 9th December 2011 and to our telephone conversation on Monday 12th December, in relation to the above.
It is disappointing to note that following your scheduled site meeting today, you have agreed not to comply with the agreement made by my colleague, Dean Bermingham and your Mr. John Clowes, whereby working times will be, 08:00 to 17:00 Monday to Friday and 08:00 to 13:00 on Saturday.
As a result of this decision, I am therefore left with little option but to review the terms and conditions of your temporary structure licence and impose a reasonable charge against monitoring inspections which I will set out clearly later in this email.
Unless you review your decision regarding working hours and restrict all building work to the agreed times and confirm your commitment to comply with the current terms and conditions of your hoarding licence (11/08602/HLTEMP), further conditions will be immediately included in the licence document.
Conditions for the temporary structure licence as set out under powers within the Highways Act 1980, section 172 will be amended to include the following:
• No loading or unloading of any machinery or materials used in connection with the licensed area shall be carried out, outside the hours of 09:00 and 16:00 Monday to Friday and 09:00 to 13:00 Saturday.
• A monitoring inspection regime will be programmed to ensure that a Highways Inspector visits the location each morning and evening to monitor and report on licence compliance. Inspection costs will be £150.00 per day, Monday to Friday and £225.00 on Saturday and payable two weeks in advance.
Failure to comply with licence conditions will lead to the temporary structure licence being revoked and this matter being passed to the City Council’s legal Department, recommending prosecution action be taken against your company and all costs to be borne by yourselves. This is a course of action which I am sure you will not wish to pursue, however I do think the agreement made by your Mr. Clowes and my colleague, Dean Bermingham, is a suitable compromise for all parties.
Finally, I urge you to review your decision and commit to carrying out your works in a considerate fashion, in line with your temporary structure licence and revised agreed working times.
Should I not receive a satisfactory response by close of play today, the necessary amendments to your licence will be made and issued effective with tomorrows start date”.
Subject: FW: 21/22 Wilton Street, London SW1
Dear Mrs Oratore
22 WILTON STREET, LONDON SW1
Further to your recent emails to the City Council and to concerns raised in respect to the above location.
I have today spoken with Mr. John Clowes (Morpheus London) and again stressed our disappointment that despite various discussions and agreements made with my colleague, Dean Bermingham, earlier this week, it is a concern that full compliance has yet to be reached.
Unfortunately the City Council are not in a position to be involved with party wall agreements which remains a legal private entity.
I understand that a further meeting is to take place on Monday 12th December 2011, including representation by Grosvenor Estates in an attempt to resolve all outstanding issues.
Mr. Clowes has confirmed that a full report on the outcome of this meeting will be sent to me on Monday.
Finally, I have made it clear that should Morpheus London Ltd, continue to disregard the conditions set in the temporary structure licence, including the agreed working hours, then the City Council will review the current licence terms and conditions and impose costly inspection and monitoring charges that will resource daily enforcement inspections by City Council Inspectors. This is a course of action which I am sure the building contractor will wish to avoid.
I will update you once I have received the minutes from the meeting and had further discussion with Mr. Clowes on Monday.
Please feel free however to contact me should you require any further information.
Regards
Anthony de-Roche
Highways Licensing
Street Management Delivery Unit
Westminster City Council
2nd Floor
City Hall
64 Victoria Street
London SW1E 6QP
Tel: 0207 641 2562
Fax: 0207 641 3159
Mobile: 07903 149689
Email: aderoche@westminster.gov.uk
Subject: RE: RE: 21/22 wilton street
Dear Mr Rowing,
Thank you so much for your continued support and commitment in trying
to deal with these issues.
The matter has now become so accrimonious that all parties are working
with me and meeting at my home in oirder to try and resolve the many
problems .
I have your team at Westminster, Nigel Hughes at Grosvenor,The
Belgravia Residents Assoiciation and the local MPs and Councillors all
supporting me.
I thank you for your efforts .
For my own part I am sadly in a position whereby the team at number 22
Wilton Street have breached their party wall monitoring agreement and
have caused me endless cracks.
In addition they have sprayed cement all over my newly laid portland
stone garden.
This is not directly related to the noise and traffic issue but it is
related to how they are treating my grade 2 home whivch may be of
interest to some other poart of the Council.
Thank you
Mrs Oratore
Dear Mrs Oratore
I am disappointed to hear that this has not resolved itself as we had
expected. I understand that after Dean met with you he met with all of
the contractors on site to set out the requirements. That there had
been action on site to resolve many of the physical matters lead us to
believe that they also properly taken on board all of the instructions
that Dean gave them.
I have asked Dean to visit Wilton Street today to discuss this. I have
also copied in my Lead Licensing Inspector, Anthony de Roché, as he can
contact Grosvenor to ensure we present a united front on this matter.
We will update you when we have further details.
Regards
Jonathan Rowing
Acting Head of Road Management
Street Management Delivery Unit
Westminster City Council
2 Floor East
City Hall
64 Victoria Street
London SW1E 6QP
Tel: 020 7641 3147
Fax: 020 7641 3159
jrowing@westminster.gov.uk
www.westminster.gov.uk