Brentford Dock Gate Row Rumbles On
'Groundswell of anger' as company asserts there is no public right of way
Gates at Brentford Dock seen by residents. Picture: Jim Storrar
A much-loved walking route in Brentford has become the centre of a heated row as a housing development is trying to block off public access.
Resident Jim Storrar has described the “groundswell of anger” within the community over gates put up at Brentford Dock to try and stop members of the public from outside walking through to the path by the River Thames.
The 72-year-old who has lived in the area for 40 years, said, “For years we’d go down there, we love the walk that goes round the point, the most beautiful views of the Thames and over at Kew Gardens and so on, it is hugely valued by the community including, those who live in Brentford Dock…
“[It’s] the idea that views of beautiful landscapes are not private property, they should belong to everyone, and we see that all the way along the Thames.”
The father-of-two explained how residents have had issues with public access in the past, with the estate putting up signs saying ‘no access’ and ‘residents only’, as well as hiring security staff, but that most local people “ignored them”.
Jim Storrar has been living in Brentford for 40 years
But now the impact of the first lockdown is believed to be behind the further measures taken by the company running the estate, Brentford Dock Limited.
Hounslow Council – which is a freeholder and major leaseholder at the site – sought to block the company from putting up gates or fencing within the development in a planning meeting on 7 January.
But Brentford Dock Limited erected some in the days before the orders were approved.
Residents can however still access the riverside from different entrance points.
Jim added, “It’s a fantastic community Brentford, and we want to do all we can to foster that community spirit, and the last thing we need is something like this, particularly with Covid, which drives a wedge between two different parts of the community…
“It’s just mean minded and mean spirited, the whole thing.”
In the meeting on 7 January, councillors approved to block the company taking further action without consent through an Article 4 Direction.
This will block the erection of gates not in the public realm, but outside the surroundings of private properties. It will mean in future Brentford Dock Limited will need planning permission to put up a wall, gate or fence-type structure.
The approval meant the order began with immediate effect, but a formal consultation will be held over the next six months to decide whether to impose it permanently.
A report to the committee said, “The need for the Article 4 is to ensure that access would not be blocked to the Thames riverside and footpath for members of the public…
“Given the harm that would be caused by the erection of boundary treatment, which would restrict the use and enjoyment of the River Thames footpath by members of the public, any proposed gating would directly conflict with the aims and objectives of adopted Local Plan policies.”
A solicitor representing Brentford Dock Limited however spoke against the move, saying the private gardens of Brentford Dock are private land and that there are up to 1,500 tenants and residents of the estate who are entitled to benefit from them and pay a maintenance fee of £200 a month per home.
“It is simply unfair on the tenants if other people who pay nothing for them are able to access them on equal terms. It is not reasonable, I suggest, to require tenants to provide, clean and maintain a public park,” the solicitor said.
“Recent public use has led to littering and fouling of the area which has had to be cleaned up at the tenants’ expense, and to noise and to disturbance of residents particularly at night.”
The company also rejected the report’s suggestion there was public access through the site, and added “there is no public right of way” providing access to the gardens on the riverfront.
Isleworth councillor Salman Shaheen however strongly backed the plan. He told members, “This Article 4 application is the council saying we’re not naive to believe that you can unilaterally block off access to what should be common public good, a utility for all of our borough, not just for a very tiny minority of them.
“The riverside is a common treasure for all.”
And over concerns reported from Brentford Dock residents, Cllr Shaheen added: “Not to downplay any fears around social distancing or anti-social behaviour, these are problems that affect us all in the borough.
“The answer if we have youths drinking at the bottom of our street the answer isn’t to fence off the street, it’s to deal with the problem of anti-social behaviour.”
Despite the Article 4 Direction coming into force, Hounslow Council is seeking to remove the existing gates by other means, and is threatening legal action against Brentford Dock Limited.
Council leader Steve Curran said the council is against gated development and described the actions of Brentford Dock Limited as “underhand”.
“What they did was underhand trying to circumvent the planning committee, it’s democracy in action, and the fact they didn’t discuss it with us beforehand when they knew our objections,” he said.
In a letter to Brentford Dock residents from the council on January 13, it said, “In relation to the recently installed gating I recently informed residents that the gating was installed without the consent or knowledge of Hounslow Council and in breach with our agreement with BDL.
“Therefore, we will continue to pursue legal options, including making an application to the courts for an injunction. In addition to this, having received concerns over the installation of the gating from members of the public we are obliged to investigate the installation to ensure they comply with relevant planning and highways legislation…
“I appreciate that these matters are of real concern to residents, so please be assured that Hounslow Council will continue to work towards finding a resolution that preserves the right of members of the public having access to the Canal and Thames Riverside.”
The gates are understood to still be at the development as of Friday, January 22.
The chair of Brentford Dock Limited Veronica Wray told the Local Democracy Reporting Service, “Whilst we understand that members of the public may wish to access the river frontage within our estate, the land is private.
“It is privately owned and the facilities there are provided for the tenants of the dock, who pay privately for its maintenance.
“The gates were lawfully erected with the benefit of permitted development rights.”
Anahita Hossein-Pour- Local Democracy Reporter
January 25, 2021