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Network Rail’s plans to cleanse and transform Brixton Arches from its former community of useful, diverse and friendly local shops, tenants and traders into a series of box-fresh identical arches and kiosks, stripped of any character and ready to serve a targeted new clientele, (more cocktails and crepes than carpets and curtains), have almost completed its path through the offices of a willing Lambeth Council.
Along with Network Rail, the council stand to be co-beneficiaries of the wealth that will be generated by hugely increased rental and business rates within the viaduct’s refurbished premises.
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It is widely expected that Lambeth Planning will shortly approve Network Rail’s submission to discharge Condition 4, Construction Environment Management Plan,(CEMP), despite failing to include a number of statutory documents or satisfactorily explain how contractors will maintain safety and control of the construction environment,especially given the close proximity of the local community and the remaining tenants and their customers, all who will retain full access within the viaduct throughout the proposed construction works.
A measure of Network Rail’s confidence in gaining approval for their CEMP submission is that they chose to cut and paste together a largely worthless document with a number of key omissions, but more worryingly, where any original contributions are made, they contain the kind of basic errors and contradictions that demonstrate the applicant has very limited local knowledge and no real understanding of the conditions and immediate environment of the proposed construction site(s) and how the centre of Brixton and its community actually operates.
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Critically, the CEMP submission fails to provide an accurate site layout and logistics plan showing delivery and waste removal routes or any evidence of consultation with local residents over their environmental management plan, both of which were specifically requested by the planning officer.
Network Rail were also officially directed by the planning officer to “investigate the feasibility of using the railway for the delivery of materials to minimise disruption on the highway.”
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However, they dodged this request by referring only to the difficulty of using the busy Chatham main line platforms, (closest to Atlantic Road), and omitting to mention the occasionally used but still operational Catford Loop line and platform,(closest to the Recreation Centre), that could easily be utilised in order to take hundreds of contractor journeys off the already choked public highways in and around the arches.
It is to be hoped that our council officers objectively and fairly examine Network Rail’s attempt to discharge Condition 4, but all parties have been reminded that there are three other planning conditions that also need to be discharged by Network Rail prior to any development works commencing on site.
These include; Condition 5, (detailed construction drawings), Condition 6, (sample panels and materials), and Condition 10,(hard landscaping scheme). To date, there is no evidence on the Lambeth planning portal of these compulsory planning submissions being made by Network Rail or any approvals being provided by Lambeth Planning.
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Despite the formal planning process, recent local activity including the revamping of the hopeless Brixton Pillars propaganda panels attached to the hoardings around the viaduct along with an upbeat interview given to Brixton Blog by Matthew Ball, (Network Rail’s Senior External Affairs Manager), and various unauthorised site preparations being made by the contractors, Spence Ltd, would seem to indicate that Network Rail already know exactly what Lambeth’s decision will be.
This is also confirmed by the fact that Lambeth Highways have already suspended the loading bay on Atlantic Road to
assist Network Rail and in advance of the official decision being made over the CEMP application.
Bizarrely, the revised Brixton Pillars propaganda panels state that “Brixton Pillars represents the longstanding community of independent traders in the arches, who serve the many communities of Brixton”, which sounds great as it appears there is an organisation, (with a phantom website containing no pages), that specifically represents the last few independent tenants/traders who were unceremoniously evicted from the arches by Network Rail, although they don’t represent the independent traders who still remain in the arches.
Surprisingly, Brixton Pillars are highly enthusiastic supporters of Network Rail and their development, despite the destruction of this community by … Network Rail.
For anyone struggling to understand this, Brixton Pillars is a Network Rail vehicle and to underline this, Matthew Ball has confirmed that he has appointed a spokesperson, Binki Taylor, (from the Brixton Business Improvement District), to have a dedicated role within Brixton Pillars and “help develop awareness of what is really happening and provide support to the tenants”.
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Fact-Check
- The “longstanding community of independent traders”, (referred to on the Brixton Pillars propaganda panels), in the 39 arches and kiosks that are being developed within the viaduct has now been decimated by Network Rail following the evictions of the traders.
- Network Rail have always boasted from the time of the original evictions that 75% of the original “tenants” would be returning to the arches, however to make this calculation work they had to make a clear distinction between “tenants” and “traders” specifically excluding the “traders” and “sub-tenants”, (who occupied the majority of arches), from their calculations.
- According to Matthew Ball and Network Rail, there are now 9 of the original “tenants” who have “signed the legal paperwork that will allow them to return”. So with 39 arches and kiosks being developed, the actual percentage of arches that will be populated by original tenants/traders who may actually return, is closer to 25% and will almost certainly end up being far less.
- More importantly for Network Rail, over 75% of the refurbished arches will be filled by their new tenants generating the full rents, (an increase in revenue of 300% per arch), immediately after the development is completed.
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The Brixton Pillars propaganda panels also repeat the scarcely believable Network Rail boast over their £8 Million investment “in the character of these famous arches”, which, if taken at face value means that a sum of about £200,000 is being spent on each and every arch/kiosk for these basic refurbishments.
NB: The arches are merely being stripped out with a new floor and services installed. The £8 Million figure is a complete fabrication and by way of an understandable comparison, a five bedroom detached house could be built for £200,000, which makes a mockery of Network Rail’s disingenuous and fictional investment claim.
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To underline the fact that his is a basic refurbishment, Network Rail eventually submitted their CEMP, (having failed to evict all of the remaining tenants), during August 2017, clearly stating that these building works and operations can easily and safely occur with a number of traders remaining in their arches.
It is therefore somewhat ironic that Matthew Ball has confirmed they will be defending the court action taken out by the four remaining independent traders, (Brixton Tools, Budget Carpets, Denmay Fabrics and Baron White Goods), who are publicly arguing that if Network Rail intend to carry out these refurbishment works with William Hill and H&T Pawnbrokers staying within the arches and in close proximity to the contractors, then the same could just as easily occur with the other tenants that remain.
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Surely Network Rail can’t get away with the ludicrous situation of simultaneously holding two opposite positions over the arch refurbishment works.
Either they are able to undertake these works with the tenants still in the arches, (the CEMP application states this), or they are not able to undertake these works with the tenants still in the arches, (due to the perceived nature and scale of the works), which is likely to be their argument in court as they try to invoke the redevelopment clause in the standard Network Rail lease and evict the last remaining independent traders.
However this will become irrelevant if, according to Matthew Ball, “all traders will be back by the end of April 2018” as any court hearing with the remaining tenants is likely to occur after this date, which will effectively prove to any judge the point that the independant traders are trying to make over the nature and scale of these basic refurbishment works.
In addition to the various outstanding planning issues, Matthew Ball and Network Rail have also been advised that they have a legal obligation, as landlords, to put Party Wall Agreements in place with the remaining tenants who occupy adjacent premises to the arches where notifiable building works are scheduled, including the excavation and removal of the concrete floors.
To date, it is known that no such undertaking has been made.
Can Network Rail and Lambeth really sort out the imbroglio they have created and dumped on the centre of Brixton and its community? Not any time soon, especially if they want to operate within the law and the planning process, but I understand they are now looking for a massive carpet to sweep this filthy mess under.
[This article by a local resident who has elected to remain anonymous]
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Brixton Arches background & resources:
Read the latest news and join the big discussion on the urban75 forums (over 1,500 posts)
More info:
The vote to redevelop Brixton Arches: smear campaigns, doublethink and foregone decisions
Brixton’s A&C Deli: the inside story of a small business destroyed by gentrification, Network Rail & Lambeth Council.
About the Save Brixton Arches campaign:
Save Brixton Arches official website
Twitter: #savebrixtonarches