Coatham Protest

This section starts with the information regarding the covenants for Coatham Common:

Coatham Common Covenant Information

L 933 a parcel of land purchased by a conveyance carried out on 31 March 1960 by Redear Borough Council. this land known locally as COATHAM COMMON” referred to as such in many official records, documents and ordnance survey maps. The full extent of this parcel of land is 170.8 acres of which the local Redcar & Cleveland Borough Council are proposing to develop approximately 20 acres for housing (357 homes) as part of the 35 acre ‘COATHAM ENCLOSURE DEVELOPMENT” where existing buildings are proposed to be replaced with new a much needed SWIMMING BATHS AND LEISURE CENTRE along with other new facilities. The building of houses on the COATHAM COMMON” is being objected to by many of the town’s residents, who feel the land should be developed only for leisure — possibly a seaside park, along with the new proposed leisure facilities.

L 933 Was purchased by a conveyance carried out on 3 1 march 1960 between (1) ORTEM ESTATES and (2) the MAYOR of REDCAR. This parcel of land has restrictive covenants attached to it deeds.

As stated on the deed witnessed:

(So far as the vendors are able to do so to do) The covenants restrictive or otherwise contained in second schedule as are binding hereto on the purchasers as owners of the land thereby conveyed or affected so far as such covenants are now subsisting and capable of taking effect.

The covenants which apply to L933 are the covenants contained in the deeds of lands L839 & L853, these covenants are referred to in deeds of L933 as:- refer to schedules 1 and 2 of conveyances carried out on dates:

14 Feb 1924 (L839) between (1) Gleadhowe Heur Turner Newcornen, Cecil Du Pre Penton Powley. George William Rowe and (2) the purchasers.

06 Oct 1930 (L853) Between (I) Gieadhowe Henry Turner Newcomen. Cecil Du Pre Penton Powley, George William Rowe, (2) and the Purchasers. The vendor agreed to sell to the Council the property (L853) hereinafter described, for the purposes of a pleasure ground and public walk for the sum of £700

CONDITIONS AND COVENANTS WHICH APPLY TO“ COATHAM COMMON” L933

L839 Section 3 of the indentures states that:

AND the purchasers for themselves their successors and assigns as owner or owners of the hereditaments hereby conveyed to the intent that the covenant shall run with the same hereditament and be binding on the successive owners thereof for the time being hereby covenant with the vendor his heirs successors in title and assigns that they will at all times observe perform and keep the stipulations set out in the second schedule hereto

L853 Section E of the deed witnesseth states that:

And the council for themselves their successors and assigns as owner or owners of the property hereby conveyed, to the intent that this covenant shall run with the land and be binding on the successive owners thereof for the time being hereby covenant the vendor that they will at all times observe perform and keep the stipulations contained in the first schedule hereto.

Covenants applying to L933 from L853 & L839

L853 first schedule:- (1) The land hereby conveyed shall only be used as a stray and open space, and no buildings or structures of any kind shall be erected thereon with the exception of a shelter, the site and character of which shall be approved by the committee of the €:le Golf Club before any building operations commence. (2)No steam organ or similar noisy instrument shall at any time be allowed on the land conveyed.

(3) The council shall erect and for ever afterwards keep in repair an unclimbable fence on the northern boundary of the Cleveland Golf Club’s links from the road crossing the links near it’s junction with the council’s western promenade to the convalescent home.

Location of information

Parcel Volume Page

L933 1452 15

L853 537 237

L839 — details available from a personal copy of the deeds.

All Land parcels are now registered with the land registry office at DURHAM under CE 170305 but are unable to source details of L933 which is the parcel of land with contentious issues

The Existing Caravan Park’s proposed development as a car park & leisure area

L862 This parcel of land is the present day caravan site, it is understood that R&CBC propose to take back this site at the end of the present lease to LIDO LEISURE Co then as part of the COATHAM ENCLOSURE DEVELOPMENT” will develop it as part car park and also create a seaside park. This parcel of land has restrictive covenants attached to its deeds.

L862 was purchased by a conveyance carried out on 25 July 1938 between (I) Kathleen Teresa Turner Le Roy Lewis, George William Rowe, Philip Beaumont Frere and tile Guardian Assurance Company Ltd and (2) The Mayor Aldermen and Burgesses of the borough of Redcar for the Sum of 2400.

Now this deed withesseth:

Section 3 states - The purchasers for themselves their successors and assigns as owner or owners of the property hereby conveyed to the intent that this covenant shall run with the land and be binding on the successive owners thereof for the time being hereby covenant with tile vendor that they will at all times observe perform and keep the conditions and stipulations contained in the second schedule hereto.

The Vendor varied restrictions on the covenants contained in the conveyance of 06 Oct 1930 for the Council to purchase a small portion of the land for the erection of chalets of one storey in height and also a car park, (this I believe is a portion of land adjacent to L853, purchased to add to L853 for the stated development).

THE COVENANTS CONTAINED IN THE DEEDS OF L862

In the second schedule referred to:

(1) Not to use the land hereby conveyed so as to interfere with the playing of golf on the adjoining Golf Course so long as it remains a Golf Course and not during the existence of the Golf Course to use the land for the purpose of an amusement or car park.

(2) Not to erect during the existence of the said Golf Club any buildings on the land of more than one storey high.

(3) Not to claim or at any time hereafter exercise a right ofway over the roadway over the Golf Course adjoining Majuba Hill at the point marked “A” leading to Coatharn High Street as shown by the dotted line on the said plan provided that nothing herein contained shall prejudice or affect any rights claimed by the general public.

(4) The purchasers shall erect and for ever afterwards maintain a four strand wire fence on the southern boundary line of the land hereby conveyed from the point marked “A” to the point marked “B” on the said plan.

L862 details are available from a personal copy of the deeds.

The next is frrom the cabinet minutes of 21 December 2004 which clearly calls for the Barrister's opinoin to be relayed to the public;

CABINET

21 December, 2004

ITEM/REPORT: 87. Coatham Enclosure Scrutiny Commission: Final Scrutiny Report

REPORTING SOURCE: Chief Executive

RECORD OF DECISION: RESOLVED that the following recommendations by the Commission be agreed.

1. A Steering Committee comprising of key stakeholders, including the two Coatham Ward Councillors, one Member of each Redcar Ward, the Lead Member for Development and Cabinet representatives be established with the key objective to drive the project forward.

2. The Steering Committee to be consulted about all publicity material prior to publication.

3. The consultation process recognises when wider public attention is likely and respond appropriately. This may include consultation of a wider area and the distribution of information related to the development being more widely circulated than for less contentious developments. There should also be full disclosure of all elements of the proposal from the beginning and thereafter throughout the consultation period to avoid questioning of the exercise’s transparency.

4. That a brochure is produced for the Coatham Enclosure development outlining the proposal and clearly outlining the argument that it is not financially possible to provide the leisure facilities without the residential aspect.

5. That consideration is given to the preparation of a virtual reality model is prepared and used to enhance the portrayal of the final proposal to the public subject to negotiations with the developer for funding.

6. Ownership of the land and associated Covenants:

That Barrister’s Opinion is requested and relayed to the public.

To finish this posting are two images of letters from Mr Moore, one prevaricating and the other backtracking on a cabinet decision in not publishing the report. Click to enlarge.