Welcome to saveourgreen.com, the website of the Roding Valley Residents’ Committee.

This page was last updated on Tuesday, 20 April 2010.

UPDATE: MR HAMIDI HAS BEEN SUMMONED TO APPEAR AT 10AM ON FRIDAY THE 30TH APRIL 2010 AT HARLOW MAGISTRATE'S COURT. THE PUBLIC IS WELCOME TO ATTEND THE TRIAL. 

We did not take this step lightly. Over the past few months, the Buckhurst Hill Parish Council has been in face-to-face discussions with Mr Hamidi to request that he remove his fence and maintain the land. The Pariah Council has taken a great deal of time and effort over these discussions, even going to far as to engage a mediator for the discussions.  Unfortunately, Mr Hamidi has refused to entertain any request. 

Over the same period the committee has written to Mr Hamidi several times asking him to remove the fence. He has not answered our letters. 

As always we have done everything we could to persuade Mr, Hamidi to act reasonably and within the law, but the fact remains that he is committing a criminal act under both 12 of the 1857 Inclosure Act and section 29 of the 1876 Commons Act. He has therefore left us no option but to prosecute him.

ELECTION: Tuesday 27th April, 8.00pm Election Meeting, meet the local General Election candidates at St. James United Reformed Church, Palmerston Road. This event is being hosted by the Buckhurst Hill Residents’ Society and is advertised here by request. (RVRC is in no way affiliated with the BHRS or any political party however welcomes the assistance of BHRS and whoever is elected to public office).

 

The story of the Roding Valley Village Green fight.

In the 1930s, Charles S French built the Monkham's estate (Buckhurst Hill East). He built it using the profits and bricks from his brickyard, which was on the site of Buckhurst Hill Community (formerly County) Primary School. He built Chestnut Avenue between 1934 and 1947. He began building Hornbeam Road, but only built a few terraces before WW2. After the war, Hornbeam Road was acquired by the council, who built prefabricated buildings which, in the 1970s, were replaced by the current council houses and flats (most of which are now privately owned).

At the southern end of Chestnut Avenue, a large section of land was left. The church was built on the northern half of this land. The southern part of the land was left as a green by Charles French. The green has a bridal path running down the North side.

Over the years, two benches were installed on the green along with an electricity sub-station. The grass was regularly cut by the council at rate-payers expense.

In 2001, the council consulted residents with a plan to build a playground on the green. Locals objected saying that “they were more than happy with the green as it was!” The plan was later dropped. It has since been discovered that the plan was dropped when the council discovered that they did not in fact own the green.

The 6th May 2006.

At 7:30 in the morning of Saturday, 6th May 2006, contractors working for private builder, Mr Steve McLaren, arrived. They proceeded to start felling trees with chainsaws and, in at least one reported case, transit vans tied to the trees. Local residents rushed to find out what was happening and to protest by sitting on the felled trees so that the workmen would be unable to continue the work. At first the Mr McLaren claimed to be carrying out work for British Telecom (the workmen had brought British Telecom signs with them and placed them around the site), but this was untrue. At one point, Mr McLaren also informed the public that he was a security guard.

The police and the RSPCA later arrived. When the police arrived Mr McLaren finally admitted that he had bought the site and intended to put flats on it if he could obtain planning permission. He refused to comment on who he had purchased it from. The RSPCA took a small bird that had fallen from a nest in a felled tree. The workmen also wilfully sawed a baby squirrel in half when he emerged from another nest in the tree. A councillor also requested that the workmen stop work until Monday when it could be ascertained whether there were TPOs (Tree Preservation Orders) on any trees. Mr McLaren agreed to stop and did so until the councillor left. The police also left, saying that there was nothing they could do. The work was then resumed. (Note. It has later been discovered that the contractors’ work, that morning, contravened the Country and Wildlife Act and could have therefore been halted by the police).

The land, valued between £200,000 & £500,000, was purchased on Wednesday, 10th May 2006 for £5,210, after Mr McLaren removed the trees.

One Oak tree has been left but only because to fell it, BT would have had to remove a telephone pole. That tree is now protected by a permanent Tree Preservation Order. The site was left with a badly secured, green, approx.. 2m high fence, which fell over within twelve hours due to heavy winds.

The committee

A committee was set up within days. On Wednesday, 17th June 2006, Steve McLaren applied for 'retention of temporary boundary hoarding'. This was refused on Friday, 11th August 2006. On Friday, 22nd September 2006, the fences were finally removed.

An application to formerly register the land as a village green under the 'Commons Registration Act, 1965' was made to Essex County Council on Wednesday, 28th June 2006. Statements of witness and support for the application were gathered from the public (again see 'Notes and Updates') and sent to Essex County Council.

Steve McLaren, on Tuesday 17th October 2006, requested planning permission for 'nine 2 bedroom flats'. Planning was, again, rejected on Saturday, 28th October 2006. The council had received between 200 and 250 objections to the application from members of the public including a 42 page objection from RVRC.

On Saturday, 18th November 2006, Steve McLaren notified Laurence Kubiak (chairman of RVRC) that he intended 'to commence proceedings against him for applying to formerly register the land as a village green ...'. The committee instructed Douglas Edwards, barrister, to fight the test case. Mr McLaren was attempting to bypass the village green registration process by asking a judge for a declaration that the land was not a green. He lost and was forced to pay over £60’000 costs.

Change of owner.

Towards the end of June, Steve McLaren announced that he intended to auction the green on the 8th July.

The green was sold out of auction to a Mr Sheik Zabuir Hamidi. When visiting the green for the first time (he bought it unseen), he announced that he intended to build a house for himself and his family. He was warned by local residents as to the status of the green registration, the court case, the refused planning permission, etc. and advised to void his purchase. He ignored this advice and paid the balance.

Mr Hamidi then applied for planning permission for a 3 bedroom house “for his family”. This was refused by Epping Forest district council. Mr Hamidi promptly appealed this decision to the planning inspectorate, who again refused him permission.

In September 2008, Mr Hamidi erected a 1m high concrete wall around the green, after the council informed him that under planning law, he was allowed to build one. The council have later admitted that they should have explained to Mr Hamidi that his fence would be illegal under village green legislation.

The public hearing.

In December 2008, the public hearing to decide whether to register the green as a village green began. Mr Hamidi was represented by a barrister and the Residents’ Committee by their chair, Laurence Kubiak. The hearing lasted 4 days (in both December and February 2009) and was followed by an accompanied site and neighbourhood visit. In all, 25 witnesses of use were called and cross examined along with Mr Hamidi. The inspector’s report followed in a few months. She found overwhelmingly in our favour. Her report may be seen here.

On the 24^th July 2009, the inspector’s report was accepted by Essex County Council who unanimously voted to register the green as a Village Green.

More recently.

On the day of the decision, Mr Hamidi announced to BBC Essex radio that he planned to sue the council. So far as the committee are aware no legal action has to date been taken by Mr Hamidi. Mr Hamidi has also not exercised his right the appeal (a three month window for appeals is permitted after the decision). Mr Hamidi attempted to sell the land at auction, but bidding was below his reserve (the highest bid was £39’500).

Now.

The committee have been writing regularly to Mr Hamidi requesting that he remove the fences and maintain the land in a suitable condition. Mr Hamidi has neither complied with these requests nor replied to these demands within the time-span that the letters demanded. Mr Hamidi has acknowledged receipt of the letters to the council, however, informing them that he would call the police if anyone touched his wall.

The green remains listed for sale at a guide price of £150’000 with Marvell’s estate agents.

The future.

Legal action has been commenced against Mr Hamidi in order that he be forced to remove the wall and maintain the land. Mr Hamidi has been summonsed to attend court on the 30^th April 2010 where he will be prosecuted under both 12 of the 1857 Inclosure Act and section 29 of the 1876 Commons Act for erecting the fence.

The council are currently preparing a scheme of regulation for the maintenance of the green. The council have also decided to contribute £200 towards the committee’s legal costs.

The committee was set up by the residents of Roding Valley with a mandate to “ensure the protection of Roding Valley Village Green as a village green and prevent any development, enclosure or restriction of use on the green”. This mandate, with the registration of the green, has now been fulfilled so the committee is beginning to hand over to the Parish and District council.

If you have any questions or observations, please do not hesitate contact Laurie Kubiak on: 07740 817 257 or email laurence.kubiak@bt.com.

 

The website.

Feel free to contact me with any errors, omissions or observations by emailing jonathankubiak@btinternet.com.

I will continue to update the web site. I apologise for being a little slack recently – A levels took precedence!

I will soon have all documents (hearing reports, planning refusals, etc.) available online, along with photo galleries.

This website is written and administered on behalf of the Roding Valley Residents’ Committee by Jonathan Kubiak, committee member. The website hosting and domain name is funded at a cost of c. £60 (depending on the £ to $ rate) a year from the Residents’ Committee fighting fund with donations from the local residents. I draw no salary or expenses.

The views contained do not necessarily reflect the views of Laurence Kubiak, RVRC or any member of RVRC.