The houses proposed for Barham Park
The long-running campaign by local residents in Sudbury to resist the building of houses in Barham Park will come to a head at the Barham Park Trust Committee on February 24th 2025.
A deal with funfair and property developer George Irvin will see him pay the Trust £200,000 for removal of the covenant that prevented building of four 3 storey houses on the site presently occupied by two modest 2 storey cottages at 776-778 Harrow Road.
The deal also involves vehicular access into the park and eretion of other facilities. Details are below:
Recommendations:
The Barham Park Trust Committee RESOLVES to
2.1 Approve the modification of the restrictive covenants at 776 and 778 Harrow Road, as detailed in paragraphs 3.8-3.11 and delegate authority to the Director of Property and Assets to execute a deed with Zenaster Properties Ltd for the agreed sum of £200,000, subject to 2.2 below.
2.2 If required, approve seeking Charity Commission consideration of the Qualified Surveyor’s Report (Appendix 1) and authorisation under Section 105 of the Charities Act to modify or discharge the covenants.
Existing Covenants (extract from single plot):
*Not to use the Property otherwise than as a single private dwelling house and the garage for any purpose other than as an ancillary private garage.
*Not to divide the Property into two or more dwellings or residential units.
*Not to erect or cause to be erected on the Property any building or structure whatsoever except a greenhouse or shed of not greater length than 4 meters (sic) and of not greater height than 3 meters (sic) or permit or suffer any person under the Transferor’s control to do so.
*Not to stand or support any vehicle, commercial vehicle trailer, mobile home, caravan, trailer, cart or boat on any part of the Property.
*Not to carry out any development within the meaning of Section 55 of the Town and Country Planning Act 1990 in or upon the Property.
* Not to park any motor vehicle on or otherwise obstruct any part of the accessway hatched yellow and hatched green or any part of the Retained Land at any time.
Proposed Modification (combined plots):
3.9 The deed (to be prepared in accordance with the planning committee report dated 12 June 2023 and decision notice dated 13 June 2023—see Appendices 3 and 4) will amend these covenants to permit the development of four houses.
3.10 A revised version of the restrictive covenants that would enable the proposed redevelopment in accordance with the granted planning permission is set out below and may be subject to further refinement.
Permitted Use:
*The Property may be used for residential purposes, permitting the construction and occupation of up to four residential dwellings, together with any ancillary buildings, structures, and facilities required for their use in accordance with the planning permission granted under reference 22/4128.
From Application 22/4128
Subdivision of the Property:
*The restriction on dividing the Property into multiple dwellings is removed, approved under planning permission 22/4128.
Construction of Buildings and Structures:
*The restriction on erecting buildings or structures is modified to permit the construction of four residential dwellings and any associated infrastructure, including garages, outbuildings, and landscaping, in accordance with planning permission 22/4128.
Vehicle and Storage Restrictions:
* The restriction on standing or supporting vehicles, commercial vehicle trailers, mobile homes, caravans, trailers, carts, or boats on the Property is modified to permit reasonable residential use, including the parking of vehicles by residents and visitors in designated parking areas as approved under planning permission 22/4128.
Permitted Development:
*The restriction on carrying out development within the meaning of Section 55 of the Town and Country Planning Act 1990 is removed to allow the construction and occupation of four residential dwellings in accordance with planning permission 22/4128.
Accessway and Parking Restrictions:
*The restriction on parking and obstruction of the accessway hatched yellow and hatched green or any part of the Retained Land is modified to allow vehicular and pedestrian access as required for the lawful residential use of the Property, ensuring that any access arrangements comply with planning permission 22/4128 and any subsequent highway or planning authority requirements.
3.11 These modifications preserve reasonable protections while enabling the approved redevelopment. The precise wording of the changes may be further refined or amended during the legal conveyancing process.
Timeline
3.12 The overall timeline for these steps is expected to span several months. Suppose the Trust Committee approves the restrictive covenants’ modification and/or discharge. In that case, completion may be subject to obtaining Charity Commission approval, if required, and the conclusion of legal formalities by the parties. This includes Zenaster applying to the Land Registry to register the Deed and effect the necessary changes.
3.13 The modification or discharge of the restrictive covenants is subject to the satisfactory reinstatement of the boundary in respect of 776 and 778 Harrow Road and return of the Barham Park Trust land to open space as agreed by way of surveyor’s aerial plan signed by George Irvin on behalf of Zenaster on 28th August 2024.
Zenastar Properties Ltd (previously Aventor) business is listed as
- Buying and selling of own real estate
- Other letting and operating of own or leased real estate
-
Management of real estate on a fee or contract
basis
Retained profits at January 2024: £3,781,976
Current officers
Campaigners will be looking for grounds on which to challenge to covenant deal. The report to Trustees discusses the role of the Charity Commission:
Compliance with the Charities Act 2011
3.4 The two key legal requirements under the Charities Act for land disposal have also been met:
*Independent advice: A report has been obtained from a qualified Designated Adviser acting solely in the interests of the Trust.
*Best terms achieved: The proposed transaction represents the best
financial terms reasonably obtainable by the Trust.
Requirement for Charity Commission Approval
3.5 Under the Charities Act 2011, charities do not typically require prior Charity Commission approval for land disposals where the two legal requirements above are satisfied. However, approval may be required in specific circumstances, including:
*Disposals to a "connected person" (as defined in the Charities Act).
*Disposals involving designated land in most cases
The last two points regarding 'specific circumstances' may be considered grounds for challenge given previous allegations of a close relationship between Muhammed Butt, Chair of the Trustees and George Irvin, Director of Zenastar, and argumets over designated land.
