FOI request detail

Calders Wharf

Request ID: FOI-2139-1617
Date published: 24 March 2017

You asked
Dear Docklands Light Railway Limited, This is a new revised request in relation to the Calders Wharf site, which is actually the Island Gardens Park extension - evidence filed at the London Metropolitan Archives with land registry clauses which prohibits the transfer of Parks and Open Spaces (the land above your tunnels and the subsoil!) Re PA/12/02784 revised: Ref. No: PA/12/02785 | Status: Appeal Decided | Case Type: Planning Application A/14/2221183 - Calders Wharf, Saunders Ness Road, London, E14 3EA Ref. No: A/14/2221183 | Status: Appeal Decided | Case Type: Planning Appeal Some of the stakeholders involved in the Planning Application for the erection of a multi-storey building above your shallow tunnels underneath the site are claiming that you have withdrawn your objection to build on your tunnels and that you have agreed to the construction of these two significant blocks on the basis that the developer should take out an indemnity insurance. You stated in correspondence filed online that you will not allow ANY loads on your tunnels. This building will be of serious tonnage. Public safety is paramount and we do not want to see any disruption to services. 1. Please confirm if you have withdrawn your objection or have now agreed to Telford Homes Plc to build in the park space? 2. Will the developer be boring any holes into the ground? 3. Are you aware that the land / subsoil which you own falls under restrictive covenants (B2) on the parent land registry NGL241053 for which you acquired a "child" registry own part of the subsoil? The covenants do not disappear - the restrictions remain. Do you realise that you will be contributing to an illegal prohibited transfer relating to Clause B2 - because this site is part of the park? Transfer includes leases or sale. Documentary evidence filed at the London Metropolitan Archives - purchased by the London County Council to increase the amenities of the park in 1951. I can provide copies or you can check independently. B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (26.03.1974) PROPRIETOR: THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF TOWER HAMLETS of Town Hall, Patriot Square, London, E2 9LN. 2 (26.03.1974) RESTRICTION: Except under an Order of the Registrar no disposition by the proprietor of the land is to be registered unless made in accordance with the London Authorities (Transfer of Parks and Open Spaces) Order 1971 or some other Act or authority. End of register 4. Advise on the Tonnage you are prepared to accept above the shallow DLR tunnels? 4a. Are you happy with the associated risks to commuters? Especially with the river wall and the Greenwich foot tunnel within a couple of metres? 5. Can we have copies of all your correspondence and your recommendations (if any) and plans agreed or rejected and your current stance with the planning application? 6. If you have approved, given the depth of the shallow tunnels and subsoil around them when would you allow building works to take place? An engineer has advised any ground movement could contribute to pressure that could risk for the tunnels to strain and potentially pop? 6a. During train operational hours? 6b. Night time?

We answered

TfL Ref: FOI-2139-1617

 

Thank you for your request received by Transport for London (TfL) on 1 February 2017 asking for information about development works.

 

Your request has been considered in accordance with the requirements of the Environmental Information Regulations and our information access policy. I can confirm we do hold some of the information you require. You asked for:

 

  1. Please confirm if you have withdrawn your objection or have now agreed to Telford Homes Plc to build in the park space?  

    Docklands Light Railway (DLR) does not own the park space. The Planning Inspectorate allowed the appeal in respect of this site in May 2016 and granted conditions in DLR’s favour to protect the railway infrastructure and undertaking.



     



  2. Will the developer be boring any holes into the ground?

    This is anticipated, however no boring will take place within 3m of the outside face of the tunnels and we will work with the developer to ensure that DLR services and infrastructure are not affected.



     



  3. Are you aware that the land / subsoil which you own falls under restrictive covenants (B2) on the parent land registry NGL241053 for which you acquired a "child" registry own part of the subsoil? The covenants do not disappear - the restrictions remain. Do you realise that you will be contributing to an illegal prohibited transfer relating to Clause B2 - because this site is part of the park? Transfer includes leases or sale. Documentary evidence filed at the London Metropolitan Archives - purchased by the London County Council to increase the amenities of the park in 1951. I can provide copies or you can check independently.

    DLR is not transferring any land.



     



  4. Advise on the Tonnage you are prepared to accept above the shallow DLR tunnels?

    4a. Are you happy with the associated risks to commuters? Especially with the river wall and the Greenwich foot tunnel within a couple of metres?



    The stress has not been determined yet but we will work with the developers to ensure that any work does not have a detrimental effect on DLR services and infrastructure.



     



    4a. Are you happy with the associated risks to commuters? Especially with the river wall and the Greenwich foot tunnel within a couple of metres?



    DLR expects the designer, developer and contractor to fully mitigate any risks to the DLR and as with similar developments in close proximity to TfL infrastructure  we will ensure that tunnels will be regularly monitored



     



  5. Can we have copies of all your correspondence and your recommendations (if any) and plans agreed or rejected and your current stance with the planning application? 

    DLR has neither rejected or issued no objection to a design.  In respect of planning, the Planning Inspectorate allowed the appeal in respect of this site in May 2016. DLR’s correspondence in respect of the application is available on the LB Tower Hamlets website. To locate this, please follow the steps below:



     



    https://development.towerhamlets.gov.uk/online-applications/ - Via this link, use the search tool and enter “Calders Wharf”. You should then be able to look at the main application, which is the fourth one down (PA/12/02784/A1), and click on ‘documents’.  All the applications above the fourth one down are subservient to that application but again will log our correspondence.



     



  6. If you have approved, given the depth of the shallow tunnels and subsoil around them when would you allow building works to take place?

6a. During train operational hours? 

6b. Night time? 

DLR has not yet approved but intends to ensure the railway is protected. We envisage work during daylight hours but it is too early to comment on the likelihood of works during the night. However, DLR would not be the only consideration.

 

If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

 

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

 

Yours sincerely

 

Lee Hill

Senior FOI Case Officer

 

FOI Case Management Team

General Counsel

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