Mise à jour sur la pétitionEND THE DESECRATION OF FENTON GREAT WAR MEMORIAL 1914 - 1918Forces TV article on the fight to save Fenton's Great War memorial
Alan GerrardStoke-on-Trent, ENG, Royaume-Uni
18 août 2014 — http://forces.tv/86497602 An excellent article produced by Forces TV highlighting the campaign to save Fenton Town Hall and the memorial to the Great War. The guys have got it about right: the people want the memorial to stay within their community and for there to be open and unhindered access to it for the first time since 1968. This is possible through the robust plans submitted in the Community Asset Transfer proposal, in conjunction with Urban Vision, the regeneration charity, which will see the former town hall transformed back into a vibrant community hub which can regenerate not just the immediate locale but the wider conurbation of Stoke-on-Trent. The MoJ say any sale to a private developer will include "a condition that the memorial be preserved". This means a Restrictive Covenant will be attached. If you believe this brings a satisfactory conclusion to this matter I would suggest you try looking up Restrictive Covenant Indemnity Insurance - see how lucrative the industry is - or consider the fact that covenants can be bought off or even requested to be removed. The fact is the MoJ's stance is a statement that troops from Fenton were less valuable than others When we last spoke to the civil servant dealing with the "disposal" of the town hall he was antagonistic about the community's stance because, according to him, he was going to great lengths to ensure they'd come down heavily on anyone who breached a covenant - he missed a fundamental point: how much the developer is fined becomes an irrelevance because it is all too late - society has lost a spectacular memorial and 498 souls have been violated. The MoJ are making a conscious decision: considering offers which may well involve desecration of the memorial against one which definitely won't. In that sense they have already, and for 18 months, insulted these men, their families and any person who believes in equality in such matters. Challenge under s.84(1) of the Law of Property Act 1925 If a restrictive covenant is valid, the Lands Tribunal can, nevertheless, discharge or modify it. An application can be made to the Lands Tribunal on a number of grounds, for example that "by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the Lands Tribunal may deem material, the restriction ought to be deemed obsolete". The Lands Tribunal can also remove restrictions which impede reasonable use of land if the owner of the retained land does not secure any practical benefit from the restriction. In some cases the Lands Tribunal will remove or modify a restriction on condition that the applicant pays a specified amount of compensation. http://www.johnantell.co.uk/restrictive-covenants-land Lewis Silkin sum up the uselessness of covenants in protecting something as priceless as a Minton Hollins WW1 memorial quite nicely. Writing from the developer's perspective: http://www.lewissilkin.com/Knowledge/2010/November/~/media/Knowledge%20PDFs/RED/A%20little%20bit%20of%20law%20Restrictive%20Covenants.ashx
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