We know that commercial activity has taken place in the House and park for many years before the first fire in 1984. However, expert legal advice is that it is not safe to assume that an activity that "breaks the rules" will be acceptable in the future. Neither the National Lottery nor any major donor will consider funding unless the covenant is altered.

The necessary alteration to the existing covenant will ensure that uses of the building will be strictly regulated, whilst giving sufficient flexibility to allow the Trust's activities to be carried out.

Copies of the covenant and the proposed revised version can be seen at Palmers Green library on request.

------ This information sheet has been prepared by the Broomfield House Task Force ------

Membership is made up of representatives from

The Federation of Residents and Allied Associations; The Broomfield House Trust; The Conservation Advisory Group; The Broomfield Historic Buildings Trust; S Twigg MP; Cllr D Taylor (chair); Cllr P Adams; Cllr A Mattingley and council officers

The Task Force is a voluntary partnership that is committed to seeking the full restoration of Broomfield House and to finding a way to give the house a community based future

1. Introduction

Covenants may be said to be legally enforceable promises and it is common for land to be subject to covenants that, in some way or other, regulate the use of the land. Broomfield House and Park are affected by such covenants. The owner of the land which is restricted bears the "burden" of the covenant. In this case the owner of the land is the Council and the "burdened" land is Broomfield House and Park. Any nearby land detailed when the covenant was imposed will be likely to have the benefit of the covenant. In the present case this is the remainder of the Broomfield estate (when the covenant was imposed in 1903) upon which houses have subsequently been built. The estate is generally now recognised as most of those houses to the south of the park towards the Borough boundary and from the railway line west towards Telford Road and Wilmer Way.

2. Why change the covenants affecting Broomfield House and Park?

At present the use of Broomfield House and nearby buildings within the park is restricted to Town Hall, Library or other public buildings. In addition the buildings are not to be used for any trade or business. These covenants were imposed in 1903. Since then, circumstances have changed a great deal and in particular the house has largely been destroyed by fire. If it is to be restored with the support of the Council and local people it will be necessary to raise a large sum of money from a variety of sources. It is imperative that the long-term future of the buildings is safeguarded. This is achieved by ensuring that a self-financing scheme can be produced from their use. It will not be feasible to attract investment with the covenants as they are currently written.

3. Why does the change have to go through a formal process?

Even if in general local people support the scheme proposed for the future use of the buildings, the risk of any challenge to the effect that there has been a breach of the covenants will discourage investors. In particular, a bid to the Heritage Lottery Fund is proposed and that Body has made clear that it will need to be satisfied that the future use of the buildings is safe from legal challenge. Other potential funding providers will share this requirement .

4. What would the restriction be when revised?

Broomfield House Task Force members have been considering how best to revise the wording of the covenants, mindful of the need to:--

a) re-establish and sustain the House as a base for community activities within its parkland environment .

b) ensure that there is a mechanism for retaining public access to the main house

c) strive to make sure that any financial support from within the park is dedicated to the principal purposes as described.

In essence the original restriction would be maintained but with exceptions made whereby:

4.1 The following uses would be deemed acceptable: education; education therapy; community uses; cafeteria; restaurant; cultural activities; exhibitions; museum; together with any of the following: conferencing; training; meeting rooms; social functions; and residential and/or office use ancillary to any one or more of the preceding uses

The four houses in the south west corner of the stable yard (or any other building erected in their place) can be used for residential purposes if either;

(a) the net usable proceeds of sale or rent are applied as far as necessary to the restoration and maintenance of Broomfield House and the buildings near to it, or

(b) the residential use is linked to facilities at or maintenance of the park and its buildings.

Limited public access for viewing the Lanscroon Mural is safeguarded and there is provision that no nuisance should be caused to those owners of properties within the Broomfield estate who have the benefit of the covenants.

5. What is the process for modifying the Covenants?

An application is being made to the Lands Tribunal (the body responsible for modification of covenants) and notice of the application will be given to all those people who are likely to have the benefit of the existing covenants. This may be by letter to individual properties or by newspaper advertisement, as instructed by the Lands Tribunal. Those people will have the right to lodge an objection to the proposed modification. If there are no objections, the modification will be ordered by the Lands Tribunal. If there are objections, a full hearing will take place before the Lands Tribunal decide whether to allow the modification or not.

6. What guarantees are there?

The Council is working in partnership to secure the long-term future of Broomfield House and Park.

The present scheme has been worked up in consultation with a number of local interest groups represented on the Broomfield House Task Force. It is the intention of the Council as owner to grant a Lease in respect of the house to a new charitable body that is representative of local interest groups with a constitution that has the aim of sustaining the house and its amenities.

A lease in respect of the stable block is proposed to a charitable body that works with the local community.

Also, the Lands Tribunal process takes due consideration of objectors and anyone with concerns about the nature or effect of the proposed modifications might wish to seek independent legal advice. The application will be formally publicised within a few weeks of being made.

7. Proposed modification

The Council cannot give detailed legal advice, but if there are general queries about the proposals please write to Keith Moss, London Borough of Enfield, Property Services, Civic Centre, Silver Street, Enfield EN1 3XB,

Email: keith.moss@enfield.gov.uk

What exactly does the existing covenant say?

TRANSCRIPT OF RELEVANT COVENANT FROM CONVEYANCE

DATED 25 MARCH 1903

And the Purchasers for themselves their successors and assigns hereby covenant with the Vendor which expression where hereinafter used includes where the context admits his successors in title and his other heirs and assigns the owner or owners for the time being of the residue of the Vendor’s estate known as the Broomfield Estate in manner following that is to say:

(1) The Purchasers which expression where hereinafter used includes where the context admits their successors and assigns will forever hereafter maintain the hereditaments and premises hereby conveyed as a Public Recreation Ground provided only that the Purchasers shall be at liberty to use the existing buildings or to erect on any part of the said hereditaments and premises not exceeding in the whole five acres any one or more buildings to be used as a Town Hall Library or other Municipal buildings but such buildings shall not be used for the purpose of any trade or business or for any purpose which may be or grow to be an annoyance or injury to the said Broomfield Estate and if the Purchasers shall at any time hereafter wish to erect the same the plans and elevations for the erection of any building which the Purchasers may propose to erect within a distance of 400 feet of Powys Lane or Broomfield Lane shall be subject to the reasonable approval in writing of the Vendor being previously obtained

© Enfield Council. Last updated on 10th July 2003