updated 28.1.11

This page attempts to provide information on the separate though related issues of the Land that is the subject of the various planning applications referred to in the Planning Applications page.

However, firstly, we address the situation on the Travellers Site and 52 Prince of Wales Road at the deadline date by which work had to start in respect of Planning Approval 2005/4187/P. On 11.1.09, the day after that date pictures were taken and sent to Camden to demonstrate that no work had been carried out.

This picture is of the north send of the site










The land covered by the planning application is shown on page 4 of the attached extract from the Land Registry obtained on 30.1.09 "LR at 30.1.09 whole site NGL637463". This shows the site as being in 6 parts.

Broadly speaking, they are:

6. The property that was 52 Prince of Wales Road. 52 Prince of Wales Road, a derelict two storey Victorian dwelling house and a rear lock up garage, vacant since about 1987 was purchased probably from the British Rail Board for £102,000 in 1989. It was later acquired by TRAC Properties Ltd. TRAC sold it to its subsidiary, Cornwall Overseas Developments Ltd (a company registered in the British Virgin Islands) according to the Land Registry, for £3,500,000.

This sale took place on 12.5.06, following conditional planning approval (2005/4187/P) received on 10.1.06 for the development of 55 flats etc on the whole site ie including the Travellers' site (see 3 below) and Dalby Street (see 2 and 5 below). The Charges Register which related to this property (NGL637463) referred to the 10.1.06 Section 106 agreement between Camden, TRAC and Community Housing Association and to a S106 also between the same parties, dated 23.12.04. The latter related to the earlier planning permissions (2004/2689/P and 2004/2690/C) which were never fulfilled. 2004/2690/C was, however, relied upon by Findon to justify demolishing the building in December 2008.

Cornwall Overseas Developments was sold by TRAC to Findon Urban Lofts Ltd (later plc) on 17th August 2006.

This property and the planning permission relating to it and to the other elements of the overall development scheme, is likely to have been the only asset of Cornwall at the time of the sale.

At about 30th January 2009, this property was combined with the other 5 elements of the overall site, to become registered within NGL637463. Details are in the attached extracts from the Land Registry at  30.1.09 and 27.1.11 for the whole site NGL637463 that can be found at the bottom of this page.


3. The "Travellers Site". Its Land Registry number used to be NGL224283. Only partial information was known about this piece of property as Camden refused to provide any information in spite of an application for information made under the Freedom of Information Act. An appeal to Camden's complaints department was turned down on 4.2.09. Subsequently most of the information sought was found to be in the public domain.

In 1994, planning approval for a travellers site with three pitches was given for 10 years ie until 2nd February 2004 when its use for that purpose would be "discontinued and determined".

Discussions to sell the land started in mid 2002.

On 14th January 2004, Camden's Executive Committee resolved

"That the property be declared surplus to requirements and the sale of the Council's freehold interest be approved in principle at the open market value, subject to:

(a) The Head of Property Services being satisfied that the final terms represent the open market value

(b) The Director of Housing being satisfied with the final details of the affordable housing provision, including Housing Corporation grant, where appropriate

(c) These details be approved by the Executive before a final decision is taken

(d) The Director of Leisure and Community Servies being satisfied with the final detail of the scheme, insofar as it impacts upon the adjoining Talacre Sports Centre and Talacre Open Space and

(e) Receipt of detailed planning consent

(f) The agreements the developer enters into with the travellers and Community Housing Associationi proceed and

(g) Receipt of consent from ODPM to the sale as necessary."

The report to this meeting stated that there were three separate traveller's pitches. Provisional agreement had been reached with all the travellers for them to vacate their pitches. One, if provided suitable alternative housing from either Community Housing Association (now part of One Housing Group) or the Council. The developer had agreed to purchase or fund the purchase of allternative accommodation for the remaining two families outside the borough. The London Gypsy and Traveller Unit was said to have agreed but at the following meeting on 7.4.07 (see below) this was called into question. The Temporary Housing Section stated that there was no outstanding demand for pitches.

The following Councillors were present at the meeting: Jane Roberts, Chair, Penelope Abraham, Theo Blackwell, Charlie Hedges, Barbara Hughes, John Mills, Nick Smith, John Thane, Phil Turner, Sue Vincent.

The following Councillors were shown as "Other members present": Janet Guthrie, Flick Rea, Keith Mofitt, Jonny Bucknell Roy Shaw, Brian Woodrow, Heather Johnson, Sybil Shine.

On 7th April 2004, Camden's Executive Committee noted that the specific financial details were contained in the report at item 22 on Part II of the agenda for which there was a report from the Chief Executive. That report was not disclosed to the public. The Executive Committee resolved:

"(i) That the details of the scheme be approved, as described in the Part 1 report and the Part II report later in the agenda, in satisfaction of the condition set out in paragraph 1.1 (c) of this report as determined by the Executive at its meeting held on the 14th January 2004 and

(ii) That the sale of this property proceed upon the other conditions agreed by the Executive at that meeting, subject to the Head of Equalities and the Borough Solicitor being satisfied with the result of the Equalities Impact Assessment, having regard to the contents of this report."

The following Councillors were present at the meeting: Jane Roberts, Chair, Penelope Abraham, Theo Blackwell, Barbara Hughes, John Mills, Nick Smith, John Thane, Phil Turner, Sue Vincent. Absent was Charlie Hedges

The following Councillors were shown as "Other members present": Peter Brayshaw, Gerry Harrison

The note to the Inspector described the above as follows: The Council's Executive meeting held on 7th April 2004 agreed to sell to the developer the former travellers site (shown by red verge on the plan), and the subsoil to Dalby Street roadway, pathway and part forecourt area, which currently form part of the adopted highway (shown by blue verge on the plan)

On 19th April 2005, Camden and TRAC Properties "exchanged a binding conditional agreement for the sale of the travellers site and the subsoil to Dalby Street roadway, pathway and part forecourt areas". In the words of Camden's Property Review Manager in his note to the Public Inquiry Inspector in January 2008 "on the basis that it was at the developer's sole risk to put together a viable development proposal and achieve the necessary planning and highway approval."

At this point, the only planning applications under discussion were 2004/2689/P and 2004/2690/C which involved a one way access route using Wilkin Street Mews. It was discussed and agreed at a Development Control meeting on 30th September 2004. That scheme which didn't for example, require marshals or omit footpaths next to the road, became redundant when it became known that Network Rail who own Wilkin Mews were not prepared to co-operate with it. However, even though at the time it was known to be unimplementable, a s106 agreement in respect of the 30.9.04 decision was signed by TRAC and Camden.

TRAC then radically revised the access arrangements as well as the size and shape of the building and requested Camden to accept a new planning application as a variation of 2004/2689/P. Camden refused and an entirely new planning application (2005/4187/P) was put to the Development Control Committee on 15th December 2005 with provisional planning approval given and a Section 106 agreement signed on 10th January 2006.

On 4th April 2006 there was an agreement for sale between TRAC Properties Ltd and Cornwall Overseas Developments Ltd, registered in the British Virgin Islands. Cornwall was at that time a wholly owned subsidiary of TRAC Properties Ltd.

On 6th July 2007 there was a "Supplementary Agreement" which is referred to in Clause 1.1 of Schedule 7, Transfer Obligation, of the Supplementary S106 agreement of 30th September 2008. We found no mention of this elsewhere in Camden documents, including in the note to the Inquiry Inspector although it was more recent than the agreement of 19th April 2005 which was the main subject of that note. It did however surface when we found documents at the Land Registry that had been denied to us by Camden.

On 5th September 2008, the Land Registry showed NGL900636, covering the Travellers Site and Dalby Street as having been sold by TRAC to Cornwall Overseas Developments for £325,500. Further inquiries showed that Camden sold this land to TRAC on the same day for the same amount ie £325,500.

Thus, there were  two sale agreements for this land, to which Camden was a party but which they were not prepared to release for public inspection. Their existence was only partially mentioned in correspondence by Camden to us. Such information as we have has had to come from scrutiny of other documents and later from the windfall result of asking the Land Registry for the documents they held.


2 and 5. Dalby Street and part of the forecourt of the Sports Centre. The ownership situation has largely been covered under the Travellers Site above. Included in this piece of land is the footway on Prince of Wales Road which is overhung by the top six stories of the building. The south east area is where New Dalby Street is to be built out to enable vehicles to have better visibility. One side of this build out is two metres from the bridge. The Road Safety Audit conducted by Buchanans drew attention to the danger that would exist at this junction (in spite of the build out) due to inadequate visibility eastwards down Prince of Wales Road.

1 and 4. ? We have no information about these two small parcels of land


At stated on the Latest News page, the process by which title for the Traveller's site has passed to the developer is the subject of questions. Further details can be found on the Land Documents page on the web site http://www.talacrefacts.org.uk where all the land sale documents we have are included as attachments