HOusip D!RPCnp4-r - Crawley Borough Council

Lib
1VLon
D
222 Regern
London
I.
W/B5TR
TEL : 020 7297 2048
FAX: 0272972148
E-MAIL: adm:n@drnclawyers. corn
&
SOLIICJ[TORS
Mr Marc Robinson
Planning Services
Crawley Borough Council
Town Hall
The Boulevard
Crawley
West Sussex RH1O 1EZ
Date
03 November 2008
Our Ref
AFM/MLP/U433
Your Ref
CRI200S/0562/COU
Sent by Fax: (01293) 511803
Dear Mr Robinson
Re:
United Markets Information Syndicates Limited
Change of Use Application at 12 Haslett Avenue, Crawley (Reference
C R12 008/0 5 62/C 0 U)
attach a copy of a letter I sent earlier today by fax to Messrs. Maxwell Winward in relation
to the above application which I understand is to be considered by the Planning Committee
I
today.
My client has raised concerns as to the accuracy and completeness of information before the
Committee and in the circumstances therefore I should be grateful if you would please ensure
that a copy of this letter and its attachments is provided to them.
Yours sincerely
Alan F Mason
DAWSON MASON & CARR
/
c/pb
04
c.c. Mr J Molloy, Sandover Molloy
NOV
201
nND
I
HOusip D!RPCnp4-r
This firm is
Also at
A
F Mason. LLB.
The Old Hop Kiln / Long Garden Walk
MCDaws1arnham Surrey GlWiML
:01252 725774
Tel: 01252 725771
F
regulated by the Law Soc ety
Angela
.1 Adam,
LL.B. Consultant
,,,A c.;lAc,±A
Liberty House
222 Regent Street
B awsoint iLVIason & Can
SOLICITORS
—
Ms Sarah Gauden
Maxwell Winward LLP
100 Ludgate Hill
London
EC4M
7J
TEL: 020 7297 2048
FAX: 0272972148
E-MAIL: admindmclaisyers.com
Date
03 November 2008
Our Ref
AFMJMLP/1J433
Your Ref
SCG/psmI3O67l-7
SENT BY FAX: 020 7651 4800
Dear Ms Gauden
Re:
United Markets Information Syndicates Limited
Change of Use Application at 12 Haslett Avenue, Crawley (Reference
CR/2008/0562/COU)
act for United Markets Information Syndicates who, as you will know, have been in
correspondence through their agent Mr Molloy with your client's architects in relation to the
I
above planning application.
have seen a copy of your letter to Marc Robinson at the Planning Services Department of
October, reiterating statements in relation to Mr Molloy.
Crawley Borough Council dated
You state that you have carried out a "thorough investigation" and allege that the objection
made by Dalton Warner Davis to your client's application is not true.
I
3l
have to say that I fmd it quite remarkable that you allege that a thorough investigation has
6l October.
been carried out when you seek only to rely upon a letter from your client dated
Since that date correspondence has passed between Mr Molloy and Mr Harrison of RDJW
Architects Limited, a copy of which is attached.
I
As you will see, not only has Mr Harrison accepted the validity of the complaint made by Mr
6th
Molloy but has represented to him, and therefore my client, that the letter to you of
October had been withdrawn and the Council advised accordingly. This is patently at odds
October.
with the statements you have made in your letter to Mr Robinson of
3l
In all the circumstances it is clearly incumbent upon you forthwith to notify Mr Robinson that
you withdraw the allegations made against Mr Molloy and that you please provide an
explanation as to the basis upon which you wrote to Mr Robinson as you did on the 31"
October bearing in mind that you have asserted that a "thorough investigation" had been
undertaken by you prior to that letter being sent.
This finn is regulated by the Law Society
Also at
F Mason.
A
I Long Garden Walk
Surrey GefftU1B
Fa 01252 725774
01252 7257?!
The Old Hop Kiln
LL.B.
MC
TeE.
$
Angela JAdam, LLB. Consultant
Page
2/.
Please also supply confirmation from the Council acknowledging that the letter has been
withdrawn.
In the event that
do not hear from you by 2pm today with confirmation that you have
complied with the requests set out above, I will have no alternative but to copy this letter and
its attachments to Mr Robinson, so as to avoid the Council proceeding on the basis of false
information,
I
Yours sincerely
Alan F Mason
DAWSON MASON & CARR
2
Sandover
rMoIIoy
HvIflJMISlPlarming-OI 1008
1st
October 2008
Chartered Surveyors
Property Consultants
W Paul Hanison Esq
RDjW Architects
Quoin House
11 Fast Park
Crawley
West Sussex RH1O 6AN
By Post & E-Mail
[email protected]
Dear Paul,
Re: United Markets Information Syndicate Limited
15-29 The Broadway, Crawley
refer to our recent conversations concerning the above property and as you know we have been
carrying out a review of the whole project.
I
Amongst others, one issue that was discussed was the leasing situation at Nos.21-15 The Broadway.
Naturally everyone was extremely disappointed to learn that Saxonbrook Medical had decided to
reject our building in favour of 12 Haslett Avenue and had submitted a planning application for a
Change of Use.
When we looked into that application Ref CR1200810 5627C0U, we were surprised at some of the
content of the Supporting Statement that was submitted, especially in respect of our client's property.
The directors of UTvIIS have asked me to write to you seeking a written explanation as to why you
submitted that application as their agent when it contained what we believe is factual inaccuracies.
I look
forward to receiving your reply at your earliest convenience.
Kind regards.
Yours sincerely,
JOSEPH MOLLOY
CC
SF Cairns
J B Peters
34 Galley Lane, ArkleyBarnet Herts EN5 4EB
Email [email protected]
Telephone 020 8275 0372
Mob
07947 867 717
Sandover
MoIIoy
JvtPDJWRe4ponseHannmg 161008
Chartered Stuveyors
W Paul Harrison Esq
Property Consultants
S
RDjW Architects
Quoin House
11
EastPark
Crawley
West Sussex RH10 6AN
By Post & E-Mail
[email protected]
Dear Paul,
Re: United Markets Information Syndicate Limited
Thank you for your letter
8th
- 15-29
October in response to mine dated
The Broadway, Crawley
l
October.
am afraid your recollection of events differs somewhat to mine and there are a few factual points that
ought to be corrected now for the record.
I
You actually called me on Thursday 1 1°' September 2008 to discuss when we would be starting the
refurbishment works at 2 1-25 The Broadway. I told you that I was due to meet with UMIS's bankers
(15th
on the following Monday
September) and that until I had a chance to catch up with the bank and
our leasing agent, to see if there was any progress on the letting front that we would not be making
any decisions.
At the end of that conversation, I asked you had you heard anything from the doctors (Saxonbrook). It
was only at that point that you informed me that they had decided to go for another property.
That was the last time we spoke on this matter. The conversation that you refer to "around ten days
ago" was when we spoke about the level of CDM fees which I told you I disputed.
Again you did not call me to tell me that you had been contacted by Saxonbrook as you say in Para 4
of your letter. What actually happened was that I put a call out to you on 4th August 2008 to ask you
what were the chances of getting a change of use to Dl.
5th
On the morning
August 2008 we had a telephone conversation. You told me that the planning went
through "All fine" last night. I then asked, what in your opinion were the chances of persuading the
planners to allow a Dl use on our client's building? At that point you were able to tell me that you
had a call at about 4.1 5pm on thp previous Friday from the doctor. I informed you that we were aware
of his interest because the doctor had actually been in contact with our leasing agents on the 3 July.
I asked you not to do anything until we got the consent through formally for our application and
signed the s. 106 agreement.
l'
J have a contemporaneous note in my daybook which clearly states that I told you we were keen to
speak to the doctor but wanted to hold fire and not approach the case officer about any change of use
until we had formally tied up the s. 106.
had an e-mail from Capital Retail on 5°' August after we spoke informing me that you would be
doing their fit out once they had decided which unit they were going for.
After the s. 106 was signed on the 6the August, we had a further conversation during which, I dearly
told you that I was extremely excited by this enquiry and felt that if we could secure the doctor as a
I
34 Galley Lane, Nkley,Barnet Hertz ENS 4A.J
Telephone 020 8276 0372
Mob: 07947 867 717
Email :joe.molloy©btcorinect.com
tenant that it would be a very positive step in the right direction in the overall picture of our
regeneration project. I specifically said to you that this was a great opportunity and that we should do
everything possible and work hard together to try to persuade the doctors to choose our building. I
recalled you agreed.
We had no further contact as I recall. I went on holiday on
11Eh
14th
August and did not hear from you until
September.
With regards to your answers as to the factual inaccuracies contained within the supporting statement,
I clearly acknowledge what you are saying. It may not have been you who wrote the statement but
you are the agent and as so it is up to you to ensure that the facts are correct. You sign&d
off/acknowledged (As I presume that you submitted it electronically) the declaration at the bottom of
the planning application fonn.
•
The statement clearly states that "The former Index unit was rejected' because it would not be ready
on time. Somebody came up with that as an excuse in planning terms as to why our building was
rejected. The fact remains that the question concerning timing was never asked of me or any other
representative of UMIS. You obviously concede this otherwise you would have said so in your letter
October.
8
You state in your response to me that the building did not have enough windows for the doctors. I
concede that this is the reason you gave me when I. we spoke on 11th September as to why they
rejected 21-25 The Broadway. There was no mention of timing. It was only afterwards when I
checked Crawley's website that I found the application you submitted along with the supporting
statement.
Furthermore, I found that a response to Dalton Warner Davis' objection had been uploaded onto the
council's web page. With that objection was a letter to Sara Gauden from James Simpson of your
company dated 6th October. He states that,
"Joe Molloy confirmed, at the time, that he would not be able to deliver the project for early 2009..." 1
was never asked that question so I was never in the position to give that response let alone any
response.
.
I am surprised that it was James Simpson who wrote on behalf of your company given that I have
never spoken to James in a professional capacity and certainly not in respect of this project. I vaguely
recall being introduced to him once in the reception of your offices some time ago. The content of Mr
Simpson's letter is clearly untrue and I would ask that he withdraw the statement that he has made in
point 2 of his letter, unless that is, he can produce corroborated evidence to substantiate his claim.
To be honest Paul, it is this particular point that disappoints me most. I am a client of your practice
and I deserve much better than this. I do not want to get into an unseemly spat over this issue but
believe me I will not allow my reputation and integrity to be besmirched in this manner.
if you could let me have a written reply ASAP so that we can close the book on
this most unfortunate episode.
I would be grateful
Kind regards.
Yours sincerely,
-
JOSEPH MOLLOY
34 Galley Lane, ArkicyBarnet Harts ENS 4AJ
Email :[email protected]
Telephone : 020 8275 0372
Mob: 07947 867 717
Sandover.MoIloy 2008.IO.2Tdoc
ARCHITECTS
Mr Joe Moioy
United Markets Information Syndicate Ltd
do Sandover Molloy
Tanglewood
34 Galley Lane
A.rlcley
Barnett
Herts. ENS 4AJ
Our Ref: WPH/JAG/3 193E/1
Dear Joe
23rd October 2008
.1
-
-
RE: 15-29 THE BROADWAY, CRAWLEY
Thank you for your letter dated 20th October 2008. the contents of which I note.
Having looked through my diary, I would agree with the dates stated on the contents of your
first page, being as such.
You are totally correct in the fact that Dr. Thomas did contact me on Friday 1st August 2008,
which then resulted in meeting Dr. Thomas at our offices on Thursday 7th August 2008. You
and I did have a conversation on Tuesday 5th. August 2008, where I did confirm that we had
been contacted by Dr. Thomas.
At the meeting with Dr. Thomas on 7th August, he confitmed that he was in the process of
inspecting various properties in and around the Town Centre of Crawley and that he wanted to
employ our Practice to carry out the fit-out of whichever building he decided to make an offer
on.
At that stage we did discuss various buildings in the Town Centre and I obviously was
pushing for the ground floor unit of The Broadway as a strong contender, but the
conversations did not go any thrthcr with any particular project in mind at that stage.
During the week commencing Monday 18th August 2008, I was informed by Dr. Thomas that
they had entered into negotiations to acquire the lease of the former Gamleys Toy Shop on the
corner of The Broadway and Haslctt Avenue.
At that stage, Dr. Thomas confirmed that 15-29 The Broadway did not offer enough window
frontage and that the fact that they needed to be in the building by early January 2009 reduced
the choice down to only one building, ie. Gamleys Toy Shop.
RDJ
W
ARCHITECTS LIMITED
II EAST
QUON4 HOUSE
CRAWLS?. WEST SUSSEX
012 93 4043 00
.
FAX
PARK
REID SAN
01293
4
04
299
[email protected]
E-MAIL
www.TdJwarchitects.co.uk
IMPLEMENTING 150 9001
WEB
QUALITY ASSURANCE PLAN
RO ISTP. Rifli
IN
1124
CLAD
AN
J.4rPCE.11a412rcRk. daILEY. *1ST
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JIll.
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Sandover.Moltoy.2008, I U.23.doc
In due course we were instructed to submit a Change of Use application, which was lodged on
Friday 29th August 2008.
The next time we spoke was, as you say, on Thursday 11th September 2008, which was
prompted by a call from Lawrence Foote & Partners to see if we had heard any information
from yourself regarding the first phase of strip out and refit, which was when 1 advised you
that Saxonbrook had chosen the other building.
was on holiday between Thursday 25th September 2008 and Wednesday 8th October 2008,
during which time our office had been contacted by Sara Gauden of Maxwell Winward,
whom are Dr. Thomas' solicitors, and we were asked to confirm the reasons why the Gainleys
building was preferred over 15-29 The Broadway.
I
James Simpson of this office, who had been overseeing the planning application in my
absence, was obviously aware of the situation with regards to your particular building and
wrote to Sara Gauden confirming the reasons for Dr. Thomas' choice. He should never at that
stage quoted yourself, as you are completely correct in saying that he had never contacted
you.
He did however, with his knowledge, know that the building could not be occupied in January
2009 to allow the surgery to be set up, and that is the only reason I can give on his behalf for
his actions.
We therefore confirth and withdraw the statement that he made in point 2 of his letter.
The planners are being extremely unhelpful with regards to the Change of Use from any A
class occupation to a Dl usc, and it is extremely unlikely that the Planning Officer dealing
with this application, will recommend a Dl use.
sorry that this occurred in my absence and hope that the contents of this letter clarify the
situation.
I am
Yours sincerely
RDJW
CHITECTS LIMITED
W Paul Harrison
'/,
Page
Sent:
Joe Molloy Uoe.molloy©btconnect.com]
27 October 2008 16:47
To:
Paul Harrison
of 1
-
Alan Mason
From:
1
Cc:
Kieran Rushe; Edward Buckingham
Subject: The Broadway
Dear Paul,
Thank you for your letter 23rd October 2008. was grateful for
your confirmation that you withdraw the statement
that James Simpson made in his letter to Sara Gauden 6th
October 2008. I would ask that you withdraw this
letter and inform Mr Robinson, the case officer by return so
that this matter is clarified well before the committee
on Monday evening.
I
I
look forward to receiving confirmation of the same from
yourself by return as well.
Kind regards.
Yours sincerely,
Joe Molloy
Sandover Molloy
Chartered Surveyors & Property Consultants
dO Tanglewood
34 Galley Lane
Arkley
Barnet
Hens EN5 4AJ
(T) 020 7439 1770
(H) 020 8275 0372
(M) 07947 867 717
(e) jprnollytponnectco uk
No virus found in this incoming message.
Checked by AVG - http://www.avg.com
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10/26/2008 7:53 PM
28/10/2008
:;E\.p:F.
F
ijtJ
j
essage
Page 1 013
Alan Mason
From:
Joe Molloy [email protected]]
Sent:
29 october2008 17:06
To:
Paul Harrison
Cc:
Kieran Rushe; Edward Buckingham
Subject: Re: The Broadway
Thanks Paul
Joe
Original Message
From: pjLbjarriQn
To:
jllo
Sent: Wednesday, October 29, 2008 12:07 PM
Subject: RE: The Broadway
Joe
Just a follow up from my earlier email.
Had Confirmation from Marc Robinson that the letter has been removed
Paul
Paul Harrison
RDjWArchitects Limited
Quoin House
East Park
Crawley
West Sussex
11
RHI0 6AN
Telephone:
01293404300
01293 404299
Fax:
Email:
www. rdjwarchitectscouk
Web:
Company Registration: 2735336 (Registered in England and Wales)
If you have received this e-mail in error please immediately notify the sender, RDjW Architects Ltd, by email or telephone (Tel: +44 01293 404300), and delete the e-mail and any attachments from your system.
As this e-mail has been transmitted over a public network the accuracy, completeness and virus status of the
transmitted information cannot be guaranteed.
RDJW Architects Ltd will not accept any responsibility or liability for any loss or damage resulting in any way
from the receipt or use thereof
Please consider the environment - Do you really need to
print this email?
Original NIessage
From: Joe Molloy [mailto:[email protected]]
Sent: 29 October 2008 10:46
To: Paul Harrison
3 0/1
0/2008
—
1
4age
Page2of3
Cc: Edward Buckingham
Subject: Re: The Broadway
Paul,
You clearly miss the point. There is a letter in the public domain which misquotes me and is incorrect.
Can't you just do the decent thing, is that too much to ask?
If there is no mention of alternative sites in the officer's report then your implication is that the letter dated
6th October is not really relevant. You've already written to me conceding that you were wrong and
apologised. Quite simply am asking you to formally withdraw it immediately and inform the case officer.
Kind regards,
Joe
Joe Molloy
I
Sandover Molloy
Chartered Surveyors & Property Consultants
C/a Tanglewood
34 Galley Lane
Arkley
Barnët
Herts ENS 4AJ
(T) 020 7439 1770
(H) 020 8275 0372
(M) 07947 867 717
(e) joe.molloybtconnect.co.uk
Original Message
From: Paul Harrison
-
To: Joe Molloy
Sent: Tuesday, October 28, 2008 3:46 PM
Subject: RE: The Broadway
Hi Joe
MarC Robinson has already written his planning report (recommend refuse)
and there is no mension to any alternative sites.
Paul
Paul Harrison
RDJW Architects Limited
Quoin House
11 East Park
Crawley
West Sussex
RHIO SAN
Fax:
Email:
01293404300
01293404299
[email protected]
Web:
wwJjarcbItects.co.ujc
Telephone:
Company Registration: 2735336 (Registered In England and Wales)
30/10/2008
1'
If you have received this e-mail in error please immediately notify the sender, RDJW
Ltd, by e-mail or telephone (Tel: +44 01293 404300), and delete the e-mail and any
Architdàfj4
attaiini1t'.
I
from your system
Li
As this e-mail has been transmitted over a public network the accuracy, completeness and virus status
of the transmitted information cannot be guaranteed.
RDJW Architects Ltd will not accept any responsibility or liability for any loss or damage resulting in any
way from the receipt or use thereof.
Please consider the environment - Do you
-Original
really need to print this email?
Message-
From: Joe Molloy {mailto:[email protected]]
Sent: 27 October 2Q08 16:47
To: Paul Harilsob
Cc: Kieran Rushe; Edward Buckingham
Subject: The Broadway
Dear Paul,
Thank you for your letter 23rd October 2008. was grateful for your confirmation that you
withdraw the statement that James Simpson made in his letter to Sara Gauden 6th October
2008. would ask that you withdraw this letter and inform Mr Robinson, the case officer by
return so that this matter is clarified well before the committee on Monday evening.
I
I
I
look forward to receiving confirmation of the same from yourself by return as well.
Kind regards.
Yours sincerely,
Joe Molloy
Sandover MoiJoy
Chartered Surveyors & Property Consultants
C/O Tanglewood
34 Galley Lane
Arkley
Barnet
Herts EN5 4AJ
(1) 020 7439 1770
(H) 020 8275 0372
(M) 07947 867 717
(e)
jQpiolloy(btconnect.co.uk
virus found in this incoming message.
Thecked by AVG - http://www.avg.com
/ersion: 8.0.175/Virus Database: 270.8.3/1 748- Release Date: 10/28/2008 9:20 PM
'Jo
3
0/10/2008
/(
Jtkr
H
Message
Page
Alan Mason
1
of 2
/
From:
Joe Molloy floe.molloy©btconriect.com]
Sent:
03 November2008 11:18
To:
Alan Mason; Edward Buckingham
Cc:
simon Thetford
Subject: Fw: copy of email to planners
Hope that this clears the matter up for once & for all.
Joe
Original Message
From: Architecture
To: jMpllpy
Sent: Monday, November03, 2008 11:15AM
Subject: copy of email to planners
Good morning Joe
Paul is currently away from the office following a family bereavement, but received your message and has asked
me to forward you the email below. Marc's answer will be forwarded to you as a separate email.
Please call the office if you require any further information.
Regards
Judith Girling
Judith Girling
RDJW Architects Limited
Quoin House
11 East Park
Crawley
West Sussex
RHIO 6AN
Telephone:
Fax:
Email:
Web:
01293 404300
01293404299
Judith. girThgrdjwarchitects.co.uk
www.rdjwarchitects.co.uk
Company Registration: 2735336 (Reg/stered
In England and Wales)
If you have received this e-mail in error please immediately notify the sender, RDjW Architects Ltd. byemail or telephone (Tel: +44 01293 404300), and delete the e-mail and any attachments from your system.
As this e-mail has been transmitted over a public network the accuracy, completeness and virus status of the
transmitted information cannot be guaranteed.
RDJW Architects Ltd will not accept any responsibility or liability for any loss or damage resulting in any way from
the receipt or use thereof.
Please
consider the environment - Do you really need to print this email?
03/11/2008
/.i
Page 2 of 2
.,Aessage
-Original
1'lessage-
From: Paul Harrison
Sent: 29 October 2008 11:56
To: '[email protected]'
Cc: James Simpson
Subject: Change of use application 12 Haslett Avenue
Dear Marc
has been brought to my attention, that during my absence from the office whilst
was on holiday, a letter from RDJW addressed to Sara Gauden, of Maxwell
Winward LLP, dated the 6th of October 2008 was issued.
Unfortunately the content of this letter, misquotes Mr. Malloy, and must ask for this
to be withdrawn from the public realm.
It
I
I
Sorry for the inconvenience.
Regards
Paul
Paul Harrison
RDJW Architects Limited
Quoin House
11 East Park
Crawley
West Sussex
RHIO 6AN
Telephone:
Fax:
01293404300
01293404299
Emafi:
pauLharrisoncrdiwarchitects.co.uk
Web:
v,ww.rdiwarchitects.co.uk
Company
Registration:
2735336 (Registered/n England and Wa/es)
this e-mail in error please immediately notify the sender, RDJW Architects Ltd, byemail or telephone (Tel: +44 01293 404300), and delete the e-mail and any attachments from your system.
As this e-mail has been transmitted over a public network the accuracy, completeness and virus status of the
If you have received
transmitted information cannot be guaranteed,
RDJW Architects Ltd will not accept any responsibility or liability for any loss or damage resulting in any way from
the receipt or use thereof,
Please
consider the environment - Do you really need to print this email?
No virus found in this incoming message.
Checked by AVG - http://www.avg.com
Version: 8.0.175/Virus Database: 270.8.3/1748
'i iinnrrc
JzUuo
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Release Date: 11/2/2008 7:08 PM
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hsSSidi c4Lt I