Court of Appeal can't stop the demolition of Dalston's Georgian houses

Lord Justice Sullivan has refused OPEN permission to continue with its appeal against demolition of the Georgian houses of Dalston Lane. When defending OPEN's claim Hackney was reduced to pleading its own negligence - that, despite its claims to be "champions of our heritage", the years of lack of maintenance had caused such deterioration that the buildings could no longer be saved.

The highly respected Judges held that, whatever their personal views, their powers to judicially review were restricted and so they could not interfere. Mr Justice Collins said he was "not without considerable sympathy for the approach of the objectors". The Judges found that the Planning Committee was entitled to accept its officers' recommendation for demolition provided it followed due process ( ie The Committee were entitled to foul it up provided it did so properly! Ed.)

The Committee were aware that Hackney's own independent expert, Alan Baxter Associates, as well many other experts, considered that some or most the buildings could be saved. It was also aware that Hackney Council had designated the Conservation Area to protect the houses and had passed policies requiring their restoration. It was also aware of the hundreds of objections including those of national amenity societies like the Georgian Group and the Society for Protection of Ancient Buildings. And so, the Judges found, it could not be said that the Committee had overlooked these opinions and policies when exercising its 'planning judgement' to accept the opinion of Murphy (Hackney's development partner) that the buildings were by then beyond redemption and to allow their demolition.

The Story of Dalston Terrace 1807 -2014 describes the appalling neglect of these antique houses (Video)

Murphy are now proceeding with Phase 1 of their plan - complete demolition of Nos 66-76 Dalston Lane and then rebuilding of the facades in "heritage likeness" with new flats all for private sale. Once complete, unless Hackney has a change of heart, it will then proceed with Phase 2 at Nos 48 - 64 Dalston Lane, in perhaps 9-12 months time.

The local community and national amenity societies have strongly backed OPEN's campaign. There were over 750 objections to Murphy's planning application to demolish the houses. Faced with a divided Committee it's Chair, Councillor Stopps, used his casting vote to grant permission. OPEN had raised over £15,000 in its appeal to fund the legal fight, which was sustained for 12 months since Hackney first tried to demolish the houses illegally. Since May 2014 Hackney have refused to consider the Spitalfields Trust proposal to restore the 1807 houses and develop the remainder with a housing association for affordable rented flats.

The petition to Hackney's Mayor to allow this proposal has had over 860 signatures to date. You can still sign the petition and tell the Mayor your views, and we urge you to do so.

This is a sad day for Dalston. Hackney Council has already lost us £millions by its mismanagement of Dalston Terrace. Our future generations are now about to lose heritage assets, in which they could have taken pride once restored, and lose the opportunity for affordable homes which could prevent at least a few local people from being driven from the area by extortionate local rents. The loss will be irreversible and we are saddened by this and by Hackney's Mayor and our elected representatives failure to fulfil their promises to our community that the houses would be protected and restored.

Dalston Terrace - do you want demolition and "heritage likeness" or restoration and affordable flats?

The Hackney/Murphy plan is to demolish 17 of the Georgian houses in Dalston Terrace and replace them with a "heritage likeness" scheme of 44 flats with no affordable housing.

The entrance to the former 'Sound and Music' shop at 66 Dalston Lane. On the demolition hoardings in front of it is an image of the Hackney/Murphy "heritage likeness" scheme

The Council advised its' Planning Committee, on Murphy's application to demolish everything, that "like-for-like reconstruction of the principal elevation of the terrace will ensure the appearance of the  original terrace can be reintroduced....There will be no appreciable difference.. conservation area preserved and enhanced. "
Report to Planning Sub-Committee – 5th March 2014

This is an old Victorian house at 124 Dalston Lane

This is a "heritage likeness" old Victorian house at 122 Dalston Lane

The two houses side by side - do you think that there is "no appreciable difference"? 

The Spitalfields Trust scheme would restore the 1807 houses as family homes and redevelop the remainder with a housing association to provide 24 affordable flats. ( What could be more in the public interest? Ed.)

WE NEED YOUR HELP TO PETITION AND CONTINUE THE COURT APPEAL.

You really CAN help the campaign by SIGNING THE PETITION and you can help the legal fighting fund by making a DONATION or by BUYING  a limited edition quality T-shirt or useful tote bag with the Save Dalston Lane logo designed by Tod Hanson

You can follow the OPEN campaign on twitter and facebook.

Dalston Terrace demolitions - why OPEN still disputes Hackney Planning Committee's decision

OPEN has appealed against a High Court Judge's ruling that he had no power to overturn Hackney giving planning permission to Murphy to demolish our Georgian houses of Dalston Terrace. It was not for him, the Judge said, to decide whether the decision last March was right or wrong.  In his opinion, "not without considerable sympathy for the approach of the objectors", there was no procedural or legal defect in Hackney's decision which could justify his intervention. So why has OPEN appealed?

Since the Court's judgement No 66 Dalston Lane, formerly 'Sound and Music', Murphy have refused to await OPEN's appeal. It has stripped the  Georgian windows and chimney pots, and the roof  tiles have been removed so letting the rain in,  ready for Murphy's Phase 1 demolition programme.

In 2012 Hackney’s consultant engineers had advised that the 17 Georgian houses could survive redevelopment into 44 flats, and demolition of the ground floor front walls to create open plan shops. The scheme was profit-led, to ensure it attracted the interest of a developer. In August 2012 Hackney granted itself planning permission but because it was to be described as a "conservation led" scheme, to meet planning policy requirements, the front facades of the houses had to be retained.

The entrance of  the old 'Sound and Music' shop, at 66 Dalston Lane and,  on the hoardings in front of it, a CGI image of the Hackney/Murphy 'heritage likeness' reproduction scheme .  No 66 is in Phase 1 of Murphy's demolition  scheme. 

In June 2013 the same consulting engineers, now employed by Murphy ( Hackney’s new development partner), produced a second report. It advised that the because all of the houses had had years of neglect, were badly built, with poor quality and delaminating bricks, and with walls which were bulging, dishing, and cracking, all the houses including the facades required complete demolition if the permitted scheme was to be implemented.

All of  the houses are planned for demolition over the next 18 months   

Hackney Council next commissioned consulting engineers Alan Baxter and Associates, to independently review Murphy's report. Here is how Alan Baxter, in October 2013, described No 66, the former "Sound and Music" shop (which  Murphy have now started demolishing).

Number 66 
Summary of façade form and condition 
Delamination of brickwork: Minor
Plumbness of wall: Generally appears plumb
Previous alterations: Large opening formed at ground floor level.
The parapet has been part rebuilt.
General degradation of timber: Some
Overall Condition: Average to Poor

So, contrary to Murphy's opinion, there is no major cracking or bulging walls, only minor delamination of brickwork, a rebuilt parapet and with alterations already made to create an open plan shop on the ground floor on No 66. As for the "weak" bricks, Alan Baxter advised ““With regards to the brickwork strength argument, this is flawed. It is not appropriate to judge buildings of this age and type as if they are modern construction…. they can be expected to last indefinitely…… numbers 66 and 56-48 Dalston Lane ... have some potential to be repaired.”  (You can read the report on 66 and on 56-48 here)

The side walls of No 58 and 66 Dalston Lane ( the old Sound and Music shop, were propped by a steel frame after JON's Scooters and Pizzey's Flower Shop (60-64 Dalston Lane)  were burnt down whilst owned by an off-shore company. They were later demolished by Hackney.

A month after Hackney had received Alan Baxter's report, Hackney's Planning Department signed off Murphy'structural assessment and method statement for demolition of Dalston Terrace. The following month, December 2013, and although no planning permission had been granted for demolition of the facades, it authorised Murphy to commence complete demolition. Community outcry stopped the works.

So when the Council came to its Planning Committee in March 2014, on Murphy's application for total demolition, it had already made up its mind the previous December. It recommended demolition of everything and rejected the opinions of its own independent consultant Alan Baxter and the other experts, amenity societies and members of the public among the750 objectors to Muphy's planning application.

The Spitalfields Trust scheme would restore the 1807 houses as family homes and redevelop the remainder with a housing association to provide 24 affordable flats. ( What could be more in the public interest? Ed.)

There has been no sound explanation given to justify the complete demolition of all of the houses - and Hackney's Planning Committee gave no reasons. The Spitalfields Trust proposed a scheme last May which could be built without total demolition, restoring the 1807 houses and redeveloping the remainder to provide affordable housing, but Hackney have still failed to properly consider it and the public benefit arising from it.

You can follow the OPEN campaign on twitter and facebook.

WE NEED YOUR HELP TO CONTINUE THE APPEAL.You really can help the campaign by signing the petition and help the legal fighting fund by making a donation or by buying some merchandise.

Festive greetings from OPEN Dalston

OPEN Dalston sends best wishes to all our members and supporters in this festive season. We celebrate the generous support given by our local Dalston community and by the many eminent people and the local and national amenity societies who have backed our fight  to preserve something of the character, identity and diversity of  Dalston.

There has been 30 years of deliberate neglect of our Georgian houses since Hackney first acquired them. Ever since, a cloud of suspicion has hung over Dalston Terrace . For 10 years we have tried to persuade Hackney Council to save them. But it stood idly by, mouthing platitudes about being the champions of our heritage, whilst watching decay. Eventually, Hackney designed a profit-led scheme to attract a developer. It will load the sixteen ancient houses with 44 flats, all for private sale. Hackney pleads  its own negligence that, due to years of  dereliction, the houses are now too weak to withstand their scheme. They still call it a "genuine conservation scheme" although nothing will be conserved. We are are now in a desperate fight for their survival. It could be Dalston Terrace's last Christmas.

Demolition of our Georgian houses has started. Murphy refused to wait for the Court of Appeal.

No 66 Dalston Lane is the old "Sound and Music"shop, an 1807 house. It is in Phase 1 of Murphy's demolition programme. Murphy started stripping out No. 66 Dalston Lane last week. They removed all the windows and the chimney pots and all the roof tiles to let the rain in.

OPEN's solicitors wrote to request they cease demolition works until OPEN's case has been considered by the Court of Appeal. Murphy have refused, saying they've been delayed long enough already. OPEN has now applied to the Court for a hearing when it will ask for an injunction to stop the demolition until its appeal is heard.

You can see from this photo that the roofs of 66 Dalston Lane have been stripped of their coverings

If you see heavy equipment on site, or contractors damaging the houses, please immediately contact SaveDalstonLane on twitter or facebook  . OPEN solicitors may then need to make an application to the Court for an injunction to stop them.

OPEN has applied to the Court of Appeal to Save Dalston Lane

OPEN has today filed an application in the Court of Appeal for permission to appeal against the decision of a High Court Judge that he could not to stop the demolition of our Georgian houses in Dalston Lane. The Judge could find no procedural error which would enable him to overturn the planning permission, given by Hackney Council last March to its development partner Murphy, to demolish the sixteen antique houses. You can read about the Judge's decision here.

Also today the Spitalfields Trust, after waiting months and months, had a meeting with Hackney's Property Services officers. The Trust presented a genuine conservation scheme which not only involves restoration faithful to the antiquity of the 1807 houses, but also involves developing the remainder as 24 affordable flats in partnership with a housing association. ( What more could be of public benefit! Ed ) You can read about the Spitalfields Trust scheme here. The Hackney/Murphy scheme involves complete demolition and building bogus replica houses "in heritage likeness" and provides no affordable housing at all. The Trust now awaits Hackney's response to its proposal.

If you oppose the demolition of our Georgian houses, and support the Spitalfields Trust scheme, please sign the petition here and, even better, add your comments. The petition and comments will be sent to Hackney's Mayor Pipe - who still hasn't replied to OPENs letter offering to arrange a meeting for him with Spitalfields Trust.

OPEN has had a rollercoaster battle in trying to save these houses from municipal vandalism which began many years ago. We have been supported financially and in spirit by local and national amenity societies and by many eminent people. The Judge's decision was a sad and heavy blow to our campaign but it is the numerous smaller donations from the Dalston community which have inspired us to carry on! These sums have added up to over £10,000!! But more is now needed and we urge everyone to give what more they can to fund OPENs application to the Court of Appeal  (Click here to donate). You can also buy quality campaign T-shirts and bags here which would also help us carry on the fight (Christmas present problems solved! Ed.).

We have not given up hope that these surviving fragments of Dalston's history can be saved and be admired by future generations. We also hope that, by providing affordable homes, at least some of our local families won't be driven out of the community by the exhorbitant local rents.

Dan Cruickshank condemns the demolition of our Georgian houses of Dalston Lane

Dan Cruickshank, the eminent historian, writer and broadcaster,was one of our guests of honour at OPEN's fabulous fundraising soiree hosted at Dalston's Passing Clouds last Sunday 23 November.

Dan Cruickshank

Dan expressed his fury that the history of Hackney, as illustrated in the Survey of London ," has been desecrated largely by Hackney Council itself . . ."

Dalston Terrace: Six pairs of Georgian houses in Dalston Lane were built in 1807, with later shops built over their front gardens in 1890. After inheriting them from the GLC in 1984 Hackney left them empty and unmaintained to slowly decay. Watch the video here  

Dan went on: "I’ve got so many people to be angry with: English Heritage in particular. The fact that the terrace is not listed is a disgrace." 

JONS Scooters and Pizzey Flower shops were damaged by arson, then ignored and  left unsupported  by  Hackney Council which then demolished them without any planning permission

"Every day I see beautiful and useable buildings destroyed in villainous circumstances: this is one of the most villainous stories I know about!" 

"NO MORE  OF THESE BUILDINGS MUST BE DEMOLISHED because buildings represent continuity, identity, pride and memory. Memory is so important. You lose the buildings and you forget what you were, what these places were. . . The fabric of this history is gone, largely swept away, which is why these houses in Dalston Lane are so incredibly important." 

"They are important for three reasons: they are beautiful, they absolutely have a possible future use as family homes, and they are part of the memory of what was here. They are also of major architectural importance and interest . . . as they capture a moment of English taste." 

"We appreciate around the world the Georgian city: Bath, Edinburgh, Bedford Square . . . these buildings are part of this great admired tradition.  By some alchemy, some magic of god-given quality, those unlikely forces of speculative Georgian development created beauty that is inspirational, is much admired and loved, and is a model for urban living, a beautiful urban world, a ‘rus in urbes’.  But no one knows, no-one cares because so much is gone."

Dan concluded: "The Spitalfields Trust are absolutely determined, willing, ready and able to step in and take the buildings on. There should be something for everyone in Dalston by saving and developing the terrace in a sensitive and thoughtful way that preserves history."