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Alton House Limited C/O TRIO the Difference OFFICIAL Legal Counsel Alton House Limited Network Rail Infrastructure Limited c/o One Eversholt Street TRIO The Difference London 352 – 356 Battersea Park Road NW1 2DN London SW11 3BY Our ref: By recorded delivery and email to: Email: @networkrail.co.uk @trio-thedifference.com 11 February 2021 11 February 2021 Dear Sirs LAND REGISTRY TITLE NUMBER SGL471634 LAND ON SOUTH SIDE OF WYKE ROAD, RAYNES PARK LONDON (the “Land”) Alton House Limited is the registered proprietor of the Land. Network Rail is the beneficiary of certain restrictive covenants contained in the conveyance dated 3 October 1986 between (1) British Railways Board and (2) Endersby Development Limited (the “Conveyance”). In particular, this includes the covenant at Clause 4 of the Conveyance (the “Restrictive Covenants”) which reads as follows: “For the benefit and protection of such part of the adjoining property or neighbouring property of the Board as is capable of being benefited or protected and with the intent to bind so far as legally may be itself and its successors in title owners for the time being of the property hereby conveyed or any part thereof in whosesoever hands the same may come the Purchaser covenants with the Board as follows:- Not at any time to undertake any building or development within 1.5m of the common boundary with the adjoining land retained by the Board”. As you will be aware, the Restrictive Covenants are for the benefit and protection of railway property. The Network Licence granted by the Secretary of State to Network Rail and monitored and enforced by the Office of Rail and Road controls various activities undertaken by Network Rail. It specifically places restrictions on Network Rail’s Land Disposal activities and requires acquisitions or disposals, including modification and/or release of covenants to have company approval secured through a Land Clearance process. Network Rail objected to the grant of your development scheme under planning proposal reference ID 20/P0945 on the basis that it would prejudice Network Rail’s ability to maintain its assets and breach the 1.5 metre no build zone along the length of the shared boundary. Similarly, Network Rail objected to the previous development planning proposal on the grounds that Network Rail were working with TfL on the delivery of Crossrail 2. Whilst the development Network Rail Infrastructure Limited Registered Office: Network Rail, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk OFFICIAL scheme was outside of the safeguarding zone, Crossrail 2 did make clear that the property does however, fall within close proximity to the safeguarding limits. Despite Network Rail’s latest objection, The London Borough of Merton granted planning permission in relation to the development. Network Rail’s Asset Protection Team were approached for approval to undertake construction in close proximity to the railway along with a request to modify and/or release the covenants to facilitate the proposed development. Following completion of the Land Clearance process, similar objections to those lodged previously under the planning process were raised in terms of your scheme hindering Network Rail’s ability to maintain its assets and the backdrop of Crossrail 2, expected to pass along this railway route. Network Rail is obligated under its Network Licence to ensure Land Disposals do not fetter its ability to maintain its assets and conduct network business either currently or in the foreseeable future. For the reasons stated above, Network Rail refuses your request to release Alton House Limited from or modify the Restrictive Covenants. Furthermore, Network Rail reserves the right to seek appropriate remedies through the Court should there be a breach of the Restrictive Covenants. Legal Counsel (Property) Network Rail Infrastructure Limited .
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