5. What is the process for modifying the Covenants?

On 17 November 2004 an application was made to the Lands Tribunal (the body responsible for modification of covenants) and notice of the application was given to all those people likely to have the benefit of the existing covenants. As instructed by the Lands Tribunal this was given by letter to relevant individual properties on the Broomfield Estate and by newspaper advertisement. Additional notices were placed on the house boundary and park gates in Aldermans Hill and Powys Lane and Broomfield Lane. Objections have been received and a full hearing is expected to take place before the Lands Tribunal decide whether to allow the modification or not.

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.

6. What guarantees are there?

The Council is working in partnership with the community to secure the long-term future of Broomfield House and Park. The sensitivities regarding the covenant modification have long been recognised and there have been lengthy discussions with community representatives. The aim has been to prevent uses of the house that are undesirable, while having sufficient flexibility in the user clauses of the covenant to allow a reasonable degree of commercial activity that helps the house sustain itself.

The present scheme for which planning consent has been obtained 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 binding agreement to a Preservation Trust to restore the House and to grant a management lease in respect of the house, to a charitable body that is representative of local interest groups with a constitution that has the aim of sustaining the house and its amenities.

Broomfield House Trust on behalf of local residents on the Broomfield Estate has been invited to be that management body.

7. Proposed modification

Unfortunately, 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,
e-mail keith.moss@enfield.gov.uk

8. What exactly does the existing covenant say?

TRANSCRIPT OF RESTRICTIVE COVENANT IN 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.

Proposed Modification as submitted to the Lands Tribunal
17 November 2004

(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 (either in whole or in part and either concurrently or not) as a Town Hall Library or other Municipal Buildings or Museum Exhibition Hall Cultural Centre Social and Community Centre (which expression shall include use of all or any of the said buildings for conferences meetings and social functions and for health and fitness activities) Education and Training Facility (which expressions shall not include use of all or any of the said buildings as a nursery primary or secondary school or higher educational or training college or any other principal educational institution) but such buildings shall not be used for the purpose of any trade or business which is not incidental or ancillary to one or more of the aforesaid uses (provided that such incidental or ancillary uses shall include the operation of a restaurant cafeteria and administrative offices) or for any residential purpose which is not incidental or ancillary to one or more of the aforesaid uses (provided that the aforesaid Purchasers their successors and assigns shall be at liberty to use the stable block and/or any or all of the four buildings situated in the south western corner of the stable yard (the position of which four buildings is shown outlined in red on the plan annexed to this Conveyance and lettered “A”) and any building or buildings which may be erected in place of all or any of the said four buildings as dwellinghouses and/or otherwise as living accommodation) 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.

(1A) Notwithstanding Clause (1) herein the aforesaid Purchasers their successors and assigns will allow public access at all reasonable times to Broomfield House for the purpose of viewing the Lanscroon Mural and other parts of Broomfield House subject only to such restrictions on public access as the occupier or occupiers for the time being of Broomfield House may reasonably impose.