News
Minutes from the inaugural AGM.
18th Feb at the CAS Halls on Parsons Green
Introductions
§ Sarah Hardy (neutral party and resident) opened the meeting and explained how the election would work.
Committee election
§ Nominations had been called for in advance and would not be taken from the floor.
§ Caroline Marston (Treasurer), Malcolm Hunter (Chair) and Peter Knight (Secretary) stood for election
§ Each candidate introduced themselves and explained their reason for standing.
§ By a show of hands, the three candidates were elected unanimously. The election was an affirmation of the single nominations for each role.
Constitution
§ The Chair presented the aims of the Friends and headline behaviours and explained that the full Friends’ constitution (including aims, behaviours, rules) was described on the website.
Agreed to include reference to ‘the Slips’ (the green spaces between the New Kings Road and Crondace Road).
§ The meeting agreed the aims and the constitution with the inclusion of ‘common land’ into the aims.
§ The Chair expressed the intention of the group to work in a spirit of positive collaboration with the Council. Councillors stated they could act as a critical friend to ensure that the spaces were managed to a high standard for the common good.
Events
§ The Chair described the commercial pressure the council is under to monetise green spaces and concerns about the type of events that had been proposed in recent years.
Action
§ The Friends, as a key stakeholder, would contact with the events team and would agree with the Council on the appropriate type, scale, frequency and duration of public events on the spaces.
Deed of Dedication
§ The Council is in the process of agreeing a legally binding Deed of Dedication with the charity Fields in Trust. The Chair provided context on the process.
§ The chair explained that both Eel Brook Common and Parsons Green are registered common land and that the wording of the documents did not take this into consideration, nor did it recognise the Council’s commitment to consult residents.
§ The wording of the deed was important. This was especially because of:
o Clauses relating to the scale (up to 25% of the space) and duration (up to 21 days) of events permitted without consultation
o Decisions relating to new buildings and structures being solely in the control of the landowner.
§ Legal advice was needed on the wording of the deed.
§ The Fulham Society had agreed to contribute to the cost of a legal opinion.
§ It was agreed that the deed in its current wording should be opposed.
Actions
§ The Chair would write to the Council and Fields in Trust explaining the Friends position and stating that the deed and the wording should not be agreed until legal opinion and guidance had been given.
§ Councillors would offer their written support.
§ The Chair would write to Friends membership encouraging individual members to object individually. (see below)
§ Suggested points for objection would be included as guidance and the website would be updated to encourage action and give guidance. (see below)
§ Discussions would take place with other related Friends groups which are subject to similar Deeds of Dedication to see whether united action was possible.
§ A barrister specialising in this area would be briefed.
§ Draft key points to be shared with all attendees/members promptly.
§ Members were urged to vary their objections to ensure that they were treated as individual objections.
Maintenance
§ The Council had developed a draft strategy for the maintenance and improvement of both spaces and had invited the Friends to propose a wish list.
§ The Council is keen to obtain a Green Flag award for Eel Brook Common. Parsons Green already has one. This is an independently-judged award to raise standards of green spaces.
Actions
§ The Chair suggested an online survey as the most democratic and efficient way to get members suggestions. Responses would be consolidated into a wish list and offered to the Council.
§ The Chair suggested that the wish list is organised according to the Green Flag criteria.
§ As a separate initiative, the Friends would pursue the Council (with the support of the councillors) to fix and maintain Eel Brook Common lighting which is in a poor state.
Projects
§ Current Council projects include resurfacing of tennis courts on Eel Brook Common and the possibility resurfacing the football pitches.
§ The Council has said there are no new projects planned for the spaces.
Actions
§ The Chair said the Friends would hold the Council to the promises it has made on current/former projects, such as the works at the Effie Road entrance and the green verges on the New Kings Road.
Meeting ended 7.35pm
Attendance: 57 local residents plus councillors Adrian Pascu-Tulbure, Jose Afonso, Aliya Afzal-Khan.
Deed of Dedication
A very good early result.
Following personal objections and the Friends Group objection, the Council have agreed to change the wording of the Deed of Dedication.
There’s no need to make further personal objections to the proposed deed for the moment.
We have had a positive and collaborative response from the Council regarding the proposed deed of dedication for Eel Brook Common and Parsons Green.
We objected on behalf of the Friends Group and they have received a significant number of personal objections. The council team have accepted the objections and will work with us to change the wording so it is for the benefit of all.
The consultation will remain open for now and a new date will be agreed.
The Council has confirmed that the deed of dedication is a legally binding document between the Council and Fields in Trust to protect Eel Brook Common and Parsons Green for the current uses and enjoyment of the local community, in perpetuity. Their commitment is to protect and preserve what we have and what we enjoy.
The Council has agreed that, based on advice, the specific wording of the document will be amended and agreed:
To reflect the application of common land rights and regulations to events on the common, specifically enclosed events.for example, it is proposed that the existing clause concerning enclosed events taking up to 25% of the common for up to 21 days without consultation is changed to no more than 10% (to reflect common land law), for a shorter time period (to be agreed) and with consultation. Final wording to be agreed following advice.
To reflect the application of common land rights, conservation area status and planning regulations to buildings, structures and any alterations on the commons.
To include consultation with the local community where it is applicable and appropriate.
We think this is positive and constructive and would like to work with the Council to agree the wording based on legal advice which we will than bring back to you for consultation and approval.
We hope this approach is to everyone’s approval and demonstrates that a strong Friends group working in collaboration with the council can achieve positive results for all.
Not required for the moment (hold until we receive next draft)
Please object personally to the proposed Deed of Dedication for Eel Brook Common and Parsons Green.
We agreed at the AGM that the Chair would write to the Council and Fields in Trust on behalf of the Friends group explaining our objection and concerns about the current wording of the proposed Deed.
We also agreed that our objection would be strengthened if people wrote in person to the Council. We would be really grateful if you could do this.
On the face of it a Deed of Dedication is a very positive proposal : It is a legally binding document protecting green spaces for the use of the public to use for its designated purpose in perpetuity. What’s not to like?
However, read the small print and there is major cause for concern:
Clause 3.2 states that temporary events which require closure of up to 25% of the space and last for less than 21 days would not require consent.
i.e. events which close of/enclose up to a quarter of each common for up to 21 days would not require any consent or consultation.
Clauses 3.4 and 3.5 have an addendum attached stating 'decisions relating to new buildings and structures, or alterations ….. are solely in the control of the landowner '(i.e. the Council).
If the Deed, with the current wording, is signed between the Council and Fit it potentially opens the door to enclosed, commercial events that are of an unacceptable in terms of size and duration (especially as both spaces are small and very heavily used) and the Council being able to take decisions on buildings or structures with little or no consultation.
We should all object.
The people to mail are:
To
CC
We have detailed some points to make below should you want some guidance, but please make the objection in your own words. If the Council suspect it is a templated response it will be discounted.
A key point to make is about closing off or enclosing land for long periods of time for commercial purposes.
The official closing date for consultation is February 28th, so please act quickly.
As a final and very important point, we are planning to take legal advice on this matter and we will inform the Council of this.
Thanks very much.
Malcolm, Caroline and Peter
(the committee)
Points to consider for your objection
Support for a Deed of Dedication in principle
Legally binding document, therefore it is important that the wording is legally correct and respects the wishes of the local community
Both are small and very heavily used green spaces.
Problematic clauses
Clause 3.2 relating to events is unacceptable in terms of the amount of space (up to 25%) that could be closed off and duration (up to 21days) which would be permitted without consent
Addendum to clause 3.4/3.5 which put the Council in sole control of changes to buildings and structures without recourse to the local community.
· Consultation and engagement with local community on events and changes is excluded from the document.
Understand that:
Both commons are registered common land and are subject to common land rights
Both lie in a conservation area and are subject to associated regulations
The council is committed to consult the local community on events and changes to the commons
· Ask that the wording of the Deed is changed to reflect the wishes of the local community and the appropriate laws and regulations that specifically relate to both green spaces prior to any signature.