Who closed off a Wembley Public Right of Way?

 

Nearly two weeks ago I took the above photograph at the entrance to PROW (Public Right of Way) Number 87 on High Road Wembley. It goes between Elizabeth House and Wembley Place and around the former Copland Fields (now the grounds of Ark Elvin Academy) and joins footpaths to the south to Tokyngton Way (also a safe cycle route from close to Stonebridge Park Station)  and north to London Road and Lyon Park Avenue.

The footpath was the source of controversy as it had previously allowed Wembley residents to use the Copland Fields as open space but now has 6 ft fencing either side of the tarmacx path. An enclosure of former public land according to some campaigners.

Follow the right of way as it is now on video LINK.

Local resident Jaine Lunn got on to Brent Council when I contacted her about the blocking up. I said that I could see absolutely no work in progress and wondered what work could be taking place.

Yesterday Jaine received this somewhat surprising reply from Brent Highways Management:

 

Dear Jaine Lunn,

 

Thank you for bringing this to my attention, unfortunately we have found no records on our system of any contractor applying for a works permit or Temporary Traffic Order to close footpath PROW 87 leading from High Road to London Road, which is what should have been done legally.

 

However since we have no information regarding the closure or whom to contact, what we can do in the meantime is to get someone from our Enforcement Department to go to site and re-open the path to the public.

 

I will also suggest that the footpath in question is monitored for any unforeseen works activity, furthermore just in case whomever is responsible decides to return again.

 

You will be updated as soon as it gets done.

 

This was followed up by a further message this morning:

 IRC-16547-Q0N6D2 Closed Public Footpath between Elizabeth House and Wembley Place around Coplands Fields

 

Thank you for your enquiry regarding the closure of the above foot path.

 

I requested that our Public Rights of Way officer attend the location recorded as PROW 87 regarding your enquiry.

 

The foot path leading from  High Road to London Road was found to be closed at both ends with Heras Fencing. It has been closed for over 2 weeks without public notice, permit or Temporary Traffic Order and currently we have no idea who is responsible as there are no signage attached to the fencing.

 

As this is an unauthorised closure, we have passed this onto our Highways Enforcement Team to investigate further and take any action they deem as necessary.

 

Our urban public rights of way are as important as those jealously guarded by the Ramblers Association in more rural areas.  As we move towards prioritising walking and cycling as part of much needed reduction in car journeys, and for the sake of clean air and healthy exercise, we need to protect these routes which are often of ancient origin.  A map of of Brent's 16km of public rights of way is available here:

https://legacy.brent.gov.uk/gis-maps/prow-map/

 

Loss of 'Copland Fields' mourned as Wembley Central population without access to gardens increases by thousands

Wembley Open Space (Copland Fields) as was

PROW 87 as was (broken line) and replacement (solid line)

Five years ago there were protests about what was called a 'land grab' of a Wembley open space popularly known as Copland Fields.  When Ark Elvin took over Copland High School the government found money for a brand new school for the academy chain. Copland had been campaigning for years for a new building because the school was in such bad condition.  There had been plans for a 'Copland Village' development at the time to pay for a new build but the plans never came to fruition.

Muhammed Butt,  leader of Brent Council, then a governor at Ark Elvin who have been in favour of the academisation of Copland, strongly backed Ark's  plans but found himself in conflict with local residents, who valued the access to green space in a heavily built up area.

The plans were approved and Ark Elvin got its new building and extended its footprint, while Elsley Primary doubled its size with an additional new building, and both they and St Joseph's enclosed part of the space that they'd had access to by covenant.  Residents were left with a redirected Public Right Of Way (PROW) which is a path lined on both sides by a high fence and warning signs that this previous publicly used space was now 'Private Land.'

Local residents had used routes across this space to access the schools and Alperton via the bridge across the railway. A map of these routes was submitted at the time.

Those routes are now closed except for the main footpath. At the time local  resident Chetan Patel told Annabel Bates, the headteacher of Ark Elvin:

With respect to ARK's planning application (ref 15/3161) for the school redevelopment, I believe your proposal breaches the community's 'Public Right Of Way' onto the existing fields in accordance to Highways Act 1980 Section 130A.

The community has had access to the existing park without any objections from ARK or from the previous management of Copland Community School for many decades now. The law assumes that if the public uses a path without interference for some period of time – set by statute at 20 years - then the owner (ARK) had intended to dedicate it as a right of way.

ARK's proposed development of the school can only be described as 'land-grab' with no consideration for the community users and the Law.

You may well ask, why is this coming up again 5 years later/ The answer is that since then we have had major housing developments in Wembley Central: Elizabeth House, Brent House and the Twin Towers with more to come alongside the Chiltern line and at Ujima House and on the former Copland site fronting the High Road.  Planners admit most are deficient in amenity space but point to the accessibility of  King Edward VII Park in Park Lane.

During lockdown residents have told Wembley Matters that King Eddies is now overcrowded because of the many new residents who have no gardens in which to exercise and enjoy fresh air. Longer term residents are now referring back to that loss of Copland Fields and reflecting on the access they used to have:

One resident told Wembley Matters:

Since moving to Wembley in the mid 1980s, Coplands Fields as it was known, was open to the public,  myself and friends always exercised our dogs freely on this open space,  flew Kites, off road remote control cars, played ball games, Rounders etc.  It was a well used space by Asian cricketers (on designated hard surface - which I think no longer exists)  Numerous local Football groups (Somali and Romanian) played regularly at weekends and during the week early evenings.  Wembley Youth Club had unlimited access.  A Volleyball Group set up their own nets in the far corner near Elsley Primary.   

One of the best things about this open space  was it allowed you to fly kites, remote control planes and helicopters as it has no trees in the middle, unlike King Eddies which does have obstructions such as trees.   The public footpath and fields provided a quick short cut from Alperton to High Road, It was consistently used by parents from Wembley Central and Alperton area walking their children to schools St Josephs RC School, Elsley and Oakington Manor.  All the people living in Tokynton Ward are completely cut off from using this space.

No CCTV evident on footpath which is like a dog's hind leg and nowhere to run if attacked.

St Josephs regularly (or did prior to Covid) use the space, Ark Elvin does not as it has its MUGA's designed in with artificial grass, and does not have access via a gate or anything unlike St Josephs and Elsley.

The Wetlands you refer to is within the boundaries of the Ark Elvin Academy.  I seem to remember discussing this with a Biology Teacher who at the time said it was going to be utilised by the students to grow stuff and create a bio-diverse environment for nature and study. 

I might add it makes a mockery of Brents Green Park and Open Space document, which clearly states that Wembley Central is massively deficient in green space, considering in the last few years more than 1800 new flats have been built with yet more to come.  In 2011 census the pop of Wembley Central was approximately 15,000 I think we are now in excess of 25,000 and when all these flats are let we will be double in less than 10 years.  The Brent House development in the report clearly states its deficient by 20% in its amenity space with respect to the number of residents it will hold.

It is hard to convey the nature of this enclosure of land in words so I have made this short video of the path of the redirected public right of way:



Four years ago Brent Council wrote to a resident to say what needed to be done to claim a right to access to the other footpaths across the Copland Fields as shown on the map above LINK.

The evidence sheet that needs to be submitted is HERE and Guidance from the Ramblers Association HERE.

It is late in the day but if nearby residents think it is worth the effort then good luck to them.

Secrecy and murk cloud Ark Elvin planning application

A resident asks on the Brent Planning Portal whether the frontage of the new Ark Elvin school building will be as in the artist's sketch above, which is on the documentation to be considered.

The short answer appears to be 'no' if one refers to the Wembley Area Action Plan:

W5 Copland School and Brent House

(4 hectares)

Mixed use development on the High Road frontage with new / rebuilt school to the rear.

The ground floor on the High Road frontage should be commercial retail development with associated car parking.  Residential development either above or adjacent to the retail should include a high proportion of family housing.

Development of the school to the rear of the site should accommodate, if possible, an additional form of entry on current capacity.

The scale of new development near to Cecil Avenue should respect the adjacent suburban character.

Car parking on the retail site should have shared use for town centre parking. There should be an active retail frontage with servicing off Wembley High Road. Access from Cecil Avenue will be limited to residential access only.

In the event of the school not coming forward as part of a joint scheme, proposals may be brought forward for the Brent House site as a standalone development.

This seems to be yet more misleading information.  The frontage is likely to be occupied by housing and shops. The reason why access  to the building site through the Brent House site (high rise on the High Road, top centre) is that the Council does not want to disrupt the disposal and regeneration of  its property.

Meanwhile it is worth looking back at the discussion atwhat  was then the Brent Executive when the proposals came up for discussion. Muhammed Butt declared an interest as the parent of a child at what was then Copland but soon to be Ark, and not as a governor which he is now.

Jean Roberts, speaking for teachers at Copland and local residents  opposed the land transfer: (Extract from Minutes)

With the consent of the Executive, Jean Roberts representing teachers of Copland Community School and residents, addressed the meeting and spoke against proposals to expand the school on to adjacent land involving a land transfer. She referred to the terms of title deeds, covenants and Rights of Way which could prohibit the scheme and also the intention to grant a 125 year lease on the final school site to ARK Schools (ARK) to whom the school was due to transfer as a sponsored academy on 1 September 2014. Seamus Sheridan also addressed the meeting and expressed concern over the lack of proper consultation over the proposals and restrictions on speaking rights at a public meeting. He stated that children and residents were against the expansion proposals which would result in a loss of land used for play.

Rights of Way was raised at this early stage and although Fiona Alderman has ruled the application can go ahead with the Rights of Way being dealt with separately it is mentioned in the Application.

Demolition of existing buildings on site and erection of replacement building to

accommodate a three storey 9FE secondary school for 1750 pupils (1350 11-16 year

old and 400 post 16) with associated car parking, servicing and circulation space, Multi

Use Games Area, All Weather Pitch, games areas and other hard and soft landscaping,

together with the diversion of Public Right of Way (PROW) No.87

 Public Right of Way to be realigned to border the eastern end of the MUGA and widened to 3.4m (currently it separates the school building from the playing fields)

It seems strange that the POW forms part of the application but cannot be admitted as a material planning consideration.

At the Executive Meeting many reports were withheld from public scrutiny and designated as 'restricted' LINK

Although Wembley Central and Tokyngton ward councillors made no comments at the consultation stage I understand that two Wembley Central councillors are down to speak tonight. Muhammed Butt (sorry that name keeps popping up) is a Tokyngton ward councillor.

Currently the land is on a short-term lease from Brent Council to Ark but on completion of the new build would be handed over to them on a 125 year agreement.

Ark Elvin accused of Wembley 'land grab'

The site (Chetan Patel)

Local resident Chetan Patel has launched a campaign on what he sees as a 'land grab' from local people of the playing fields behind Ark Elvin Academy  (formerly Copland High School) in Wembley.

The school is due to be part of a large redevelopment LINK.

In a letter to Annabel Bates, the Ark Elvin Headteacher, Chetan Patel said:

With respect to ARK's planning application (ref 15/3161) for the school redevelopment, I believe your proposal breaches the community's 'Public Right Of Way' onto the existing fields in accordance to Highways Act 1980 Section 130A.

The community has had access to the existing park without any objections from ARK or from the previous management of Copland Community School for many decades now. The law assumes that if the public uses a path without interference for some period of time – set by statute at 20 years - then the owner (ARK) had intended to dedicate it as a right of way.

ARK's proposed development of the school can only be described as 'land-grab' with no consideration for the community users and the Law.

I ask ARK to respectfully withdraw its poorly conceived planning application before a decision is made by Brent Council.

If ARK still wishes to pursue the development, which displaces community access to the existing parks (see Appendix A), I will be forced to pursuing legal advice on this matter, at further expense to the tax payer.

I believe the general public has right to know how many hundreds of thousands pounds if not millions have been wastefully spent to date on this poorly conceived project.  Under the Freedom of information Act can you please confirm how much money has been spent in relation to the proposed re-development works of the school.

I had hoped to communicate the aforementioned to you at the recent 'exhibition' meeting held at the school on the 15th July 2015, but you had failed attend this key meeting. It's very disappointing that the school's own head teacher, a key stakeholder, could not be bothered to attend this key meeting.

Annabel Bates replied:

Thank you for your letter, dated 22nd September 2015, about the planning permission that has been submitted by Kier Construction to rebuild our school.  I was present at the consultation on 15th July so I am sorry I did not manage to speak to you in person.  I am of course happy to meet with you to discuss your concerns.

The land shown in the appendix to your letter has always been occupied by Copland, and now Ark Elvin, as it is school playing fields rather than a public park.

As you may be aware, since Ark took over the school we have been making a concerted effort to keep the school playing fields secure and stop the unauthorised access to this private land.  We have repaired the fence a number of times (despite it being repeatedly cut through), moved on any rough sleepers, cleared up the rubbish at the London Road end of the playing fields, engaged a landscaper to cut the grass and carried out regular litter picks so it can be used by pupils for sports.  I cannot comment on how this area was managed by Copland Community School as neither I nor my senior management team worked at Copland.

I am unable to respond to your Freedom of Information Act request as we are not party to that information.  This project is being funded by the Education Funding Authority so you will need to contact them with your request.

Wembley Matters covered the initial plans when they were first published and the article elicited many comments LINK

Chetan Patel is campaigning on several fronts including an official complaint about what he alleges are the failures of Brent's Planning Enforcement Team in the matter as well as a referral to the Local Government Ombudsman,