| Topic: | A Conservator Writes.... | |
| Posted by: | John Cameron | |
| Date/Time: | 23/07/16 09:41:00 |
| @Nick The Conservators are once again failing to protect Putney Common, as the legal covenants put in place (in the easement agreement) are not going to be enforced. The Covenants were included TO PROTECT THE COMMON The first is the Accessway agreement, and as currently drafted it is contradictory to the covenants, as well as being unlawful. As a legal document, (part of the easement / in terms of planning) the Conservators must approve it formally at a board meeting, ie with a resolution, debate, vote and minute. They refuse to do so. As the matter is so fundamental, ie it forms part of the legal agreement to protect the common, it cannot be delegated. A similar planning condition (landscaping) earlier this year involved public consultation, 2 boards, resolutions and so on. More worryingly the trustees are refusing to take legal advice on the Accessway agreement, which will become the legal precedent to provide access over the common forever. At present it falls to Oasis to amend the agreement, without any approval from the Conservators. The second covenant concerns the land (that is common) being returned landscaped as common to the Conservators satisfaction. Again, on current timings, this covenant WILL be breached, and the Conservators intend to ignore the breach. The Conservators have a Duty of Trust, (a legal duty) to protect the commons and by deliberately refusing to enforce the covenants they are ignoring their fundamental responsibilities as Trustees. I have explained all this to our Chairman Prue Whyte, Chief Exec Simon Lee and my fellow Trustees. They don't respond, and clearly intend to allow the covenants, to protect the common, to be ignored. In view of this I have reported these fundamental failures by the Trustees to the Charity Commission as a "serious incident" and asked them to investigate etc As you might expect, relationships at present are "strained"... |