Finance Sub-Committee: January 9th 1928
On Minute No 155 the Sub-Committee were informed that arrangements had been made for
the flat at the Bearwood branch premises in Sandon Road to be let to Mr Holbecke on a weekly tenancy at a rental of 12/6d per week.
161 RESOLVED:- That the situation taken in the matter be confirmed.
Finance Sub-Committee : January 16th 1928
Flat at Bearwood.
Arrangements
have been made for the flat at the Bearwood Branch premises in Sandon Road to be let to Mr Holbecke on a weekly tenancy at a rental
of 10.6d per week.
Report of the Town Clerk: March 6th 1928
I have to report that I have completed the purchase from Messrs
Roland Victor Winchurch and Percy Walter Winchurch for the sum of £1,386. 17. 6. of a piece of land at the corner of Sandon
Road and Willow Avenue, Edgbaston.
I have in addition to the purchase paid the stamp duty on the Conveyance amounting to £14. 0. 0.
General Purposes Sub-Committee: March 12th 1928
1253 RESOLVED:- That a special meeting of the Sub-Committee
be held on Monday, the 19th instant, to deal with tenders for the erection of Bank premises at Bearwood.
Special Meeting of the
General Purposes Sub-Committee: March 19th 1928
The Sub-Committee received and considered the following tenders for the construction
of the Bearwood Branch premises:
Name Amount of Tender. £. s. d. Fitter, Joseph I 4,180. 0. 0. Whitehouse, B & Sons, Ltd 4,231.
0. 0. White, B S. 4,120. 0. 0. Webb, George & Son, Ltd 4,175. 0. 0. Darby, W & Son 4,204. 8. 2. Crump, Harry H 4,025. 0. 0. Teall,
A J & Son, Ltd 4,373. 0. 0. Housing, Limited 4,279. 0. 0. Johnson, T 4,385. 0. 0. Malley, T and W 4,295. 0. 0. Mobbs, George 3,952. 0.
0. Pearce, A & Son 4,400. 0. 0. Woodward, Edward 4,466. 0. 0. Holyoak, Joseph & Son 4,549. 0. 0. Squire, E M 4,290. 0. 0. Bryant, C
& Son, Ltd 4,500. 0. 0.
RESOLVED:-
That the General Committee be recommended to accept the tender of Mr George Mobbs at the sum of £3,952 for the erection of Bank premises
at the corner of Sandon Road and Willow Avenue, Bearwood, the work to be carried out within a period of six months; and to instruct
the Town Clerk to prepare the necessary contract, affixing the Corporate Seal thereto.
General Purposes Sub-Committee: May 14th
1928
The Sub-Committee were informed that an injunction had been threatened by an adjoining owner to prevent the use of the land
at Bearwood for the purpose of a branch bank and for Tramways purposes, having regard to the Clause in the title deeds of the property
containing restrictions as to the use of the land for business premises.
The Town Clerk had obtained the opinion of Counsel,
who took the view that there was a risk of the contemplated use of the land being regarded as a breach of the covenant, but pointed
out that a modification of the covenant might be obtained on application to the High Court. In view of the urgency of the matter the
Chairman of the General Committee authorised the Town Clerk to make application to the High Court for relief from the covenant in
question.
1263 RESOLVED:- That the General Committee be recommended to confirm the action taken in the matter.
Report
of the Town Clerk: May 18th 1928
I have to report that the following Contract is now duly completed:
G. Mobbs: Erection and completion
of a branch bank at the junction of Sandon Road and Willow Avenue
Report of the Town Clerk: May 19th 1928
Land at Sandon
Road and Willow Avenue.
Bearwood Branch Bank.
Referring to the report of your General Purposes Sub-Committee; in conference with
the General Manager of the Bank and the General Manager of the Tramways Department I have made application to the appropriate Authorities
for an Arbitrator to be appointed to decide the question whether the restrictive covenant relating to the user of this land should
be discharged or modified to enable the Corporation to carry out the proposed scheme for the erection of the branch Bank, and the
making of an omnibus turning point.
I am now awaiting the formal appointment of the Arbitrator, and on this being done, the next
step will be to notify the persons affected by the covenant by advertisement or otherwise in accordance with the instructions which
the Arbitrator will give, after which the matter will be formally heard before him in the usual way.
There is, however, one point
which the Section of the Law of Property Act under which the application will be made, and the rules relating thereto, does not make
quite clear.
The Arbitrator has power under the Act in giving relief against the covenant to award such compensation to the other
owners affected as he may consider fair having regard to such injury as they may sustain.
The point which is not clear is that
if the Arbitrator should award such a sum as compensation as would make it unprofitable for the Departments to go on with the scheme,
whether that award would bind the Corporation to pay the compensation, or whether the Corporation could abandon the scheme and sell
the land at the best price that could be obtained for it.
For the protection of your Committee I wrote to my London Agents asking
them to put this question to Counsel, who has already advised on the covenant. I append for your Committee's information a copy of
my letter to my London Agents and a copy of their reply. You will see that no definite ruling can be given.
The question of compensation
is one purely for the Arbitrator, but, of course, the Corporation can bring all possible evidence before him to refute any claim made.
I
thought it desirable at this stage to inform your Committee of the position, but, of course, the Corporation will be in a position
to know what claims may be made after the advertisement before referred to, and the notifications have been made.
I shall be
glad to have your Committee's instructions upon the matter.
Copy Letters:
Town Clerk to Messrs Sharpe Pritchard & Co,
12 New Court, Carey Street, London WC2
May 16th 1928
Dear Sirs,
Land in Sandon Road and Willow Avenue.
The Corporation and
Franks.
Application under Section 84 of the Law of Property Act, 1925.
Referring to your letter of the 9th instant enclosing me
a print of the rules relating to applications under the above Section, there is a point upon which the Act and the Rules are not quite
clear.
The Corporation are proposing to use this land for the erection of a branch Municipal Bank, and also to throw a piece of land
into the existing roadways in order to make a turning point for the omnibuses on this route.
The Act provided that the Arbitrator
may make any order on the discharge or modification of a restriction for the payment of compensation to any person injured thereby,
and in the event of the Arbitrator assessing the compensation to be paid to various owners at a large sum of money, it is not clear
whether the applicants would be bound by the Arbitrator's order to go on with the proposals and pay the compensation, or whether they
could abandon the scheme, and exercise their right to sell the land, subject to the restriction, at the best price that could be obtained
for it.
I should be glad to have your views as to the position in the above event, and if you think it advisable I shall be obliged
if you will put the point to Counsel so that I may be in a position to advise my Committees as to their probable liabilities in proceeding
with the application.
Yours faithfully,
(Signed) F H C Wiltshire
_________________________________
Messrs Sharpe Pritchard
& Co to Town Clerk
May 18th 1928
Dear Sir,
Land in Sandon Road and Willow Avenue.
The Corporation and Franks.
Application
under Section 84 of the Law of Property Act, 1925.
We had an opportunity of speaking to Mr Hunt on your letter of the 16th inst
and he tells us that there has been no decision yet as to whether if the tribunal makes an order removing the restrictions subject
to the payment of compensation, the applicants are bound to pay the compensation awarded. He says that the matter has been discussed
in Lincoln's Inn but no decision has been given, and his own offhand view is that if the order or award takes the form of removing
the restrictions, subject to the payment of compensation, the applicants will not be bound to pay, in which case, of course, the restrictions
would not be removed.
Yours faithfully,
(Signed) Sharpe & Co
PS: It might depend to some extent on the form of order or award
of the tribunal.
General Purposes Sub-Committee: May 21st 1928
Bearwood Branch Bank - Application for modification of covenants.
The
Committee will recollect that in connection with the site recently acquired at Bearwood for the erection of a branch bank and dwelling
accommodation and for use as a turning point for the Corporation omnibuses there was a clause in the title deed of the property containing
restrictions as to the use of the land for business purposes. At the time of purchase, it was felt that no undue risk would be taken
by utilising the property for the objects contemplated.
An adjoining owner of land in the vicinity has, however, threatened to
take proceedings for an injunction to prevent the land being so utilised. The Town Clerk has obtained the opinion of Counsel, who
takes the view that there is a risk of the contemplated user of the land being regarded as a breach of covenant might be obtained
on application to the High Court.
In view of the urgency of the matter the Town Clerk has been authorised to make the necessary
application to the High Court on the ground that the covenant in question is vexatious. Your Sub-Committee recommend that the action
taken in the matter be confirmed.
General Purposes Sub-Committee: June 18th 1928
Arbitration Proceedings re Land at Bearwood.
Your
Sub-Committee understand that Mr John Willmot has been appointed Arbitrator to decide the question of the objection to the user of
the land purchased jointly by the Tramways and Bank Committees at Bearwood in respect of which question he will shortly hold an enquiry.
Your Sub-Committee have authorised arrangements to be made for evidence to be secured amongst the depositors of the Bank in the area,
in support of the applicant made by the Corporation for a modification of the covenant. A further report on the matter will be submitted
to your Committee on the Arbitrators' Award being made known, when it will be for the Tramways and Bank Committees to decide whether
their schemes should proceed.
Report of the Town Clerk: November 10th 1928
Sandon Road and Willow Avenue Land.
I have
to report that as a result of the Arbitration proceedings taken under Section 84 of the Law of Property Act, 1925, to obtain relief
from a restrictive covenant affecting this land to enable the building of a Municipal Bank and the throwing of a portion of the land
into the roadway for the purpose of turning the Sandon Road omnibuses thereon, the Official Arbitrator appointed to deal with the
application has now made his Order, a copy of which has been forwarded to your General Manager. Your Committee will see that the restrictions
referred to are modified so as to permit the erection of the Bank and the throwing of a portion of land into the highway. The modification
as regards the Tramways proposal does not specifically give the Corporation authority to make a turning point for their buses but
merely for the land to be thrown into the highway, which leaves the question of a nuisance at Common Law open. I am, however, reporting
to the Tramways Committee upon this point and advising that it is extremely unlikely that any adjoining owner would be advised to
commence such an action, particularly as the new proposal will alleviate such nuisance as is at present caused by the mode of turning
the buses now in use.
Your Committee will see that the Arbitrator orders the payment of compensation to seven of the immediate
adjoining owners, amounting in the aggregate to £590. I may here say that the total claims for compensation sent in to the Arbitrator
amounted to between £23,000 and £24,000. The question of the payment of compensation now remains to be considered between your Committee
and the Tramways Committee and I await your Committee's instructions in the matter.
I may add that under the Section under which
the application was made the persons affected have a right of appeal to the Court against the Arbitrator's Order but I do not anticipate
that any steps will be taken in this direction. The time for appeal is within six weeks from the date of the Order.
Bank Committee:
December 10th 1928
On Minute No 1320, the General Manager presented the following report with regard to the available use of
land and buildings purchased for branch bank purposes:
The General Manager pointed out that the six weeks allowed under the arbitration award in connection with the site at Bearwood had
now expired, and it was:
1336 RESOLVED:- That the Architect be instructed to proceed with the erection of the new
bank.
Bank Committee: December 17th 1928
The following communication was received from the Tramway and Omnibus Committee
agreeing to accept the Award of the Arbitrator on the basis of the arbitration Award and charges being shared equally between the
two Committees:
On Minutes Nos 6630 and 6678, the Town Clerk submitted a Report relating to land for the Sandon Road Motor Omnibus
terminus.
It was stated that the Bank Committee had accepted the award and was prepared to pay half of the charges. The General
Manager submitted a Report relating to the cost of carrying out the scheme so far as the Tramway and Omnibus Committee was concerned.
6723 RESOLVED:- That the award be accepted and the scheme proceeded with, and that the sum of £1,335, being the total cost of throwing
part of the land into the roadway be charged against this Committee's contribution of £12,300 to the Public Works Committee for the
current financial year.
Mr Stewart Evans (Architect) appeared before the Committee and submitted a plan showing proposals regarding
the altered position for the Bearwood Branch Bank, in order to comply with the amended scheme of the Tramway and Omnibus Department
for the turning place of motor omnibuses.