Hi folks, so what has been happening in the last year? I will be very brief so I can bring it up to date. 1. Last summer the planning application to build on Otago Lane was granted during a highly suspect meeting in the city chambers. 2. August/September last year, the building warrant is issued and a whopping 27 pricey conditions are attached to the granting of planning permission. This was due, amongst other things, to the happy discovery of otters living on the river Kelvin and hence all the rules applying to wildlife protection. The conditions also included the removal of japanese knotweed and hogweed. 3. Nothing happens i.e. absolutely no action we know of was taken to fulfil the conditions or start works, with the exception of the the developer running after and hassling customers of the shops on Otago Lane in person and generally causing a nuisance. 4. The Present: After the Tchai-Ovna shutting in order to repair the veranda and make it safe, as well as to redecorate, the developers legal team sent a threatening letter. The letter implies that the veranda was being built as if for the first time (early June 2014) as well as the canopy. It gives 7 days from the date of the letter 19th June 2014 to dismantle the offending structure and flit. The Tchai-Ovna through the help of the community sought legal advice, and despite trying to make contact with the developers legal team, finds even the attitudes of the lawyers at best extremely unfriendly. In addition the developer unprecedently uses a planning law expert to deliver a complaint to the planning department DRS. The visiting planning officer appears to have found nothing out of the ordinary concerning the structure, it having been in existence for a long time before the reported building of it in June. The Tchai-Ovna folk decided not to dismantle the structure. 30th June the developers legal team files for an interim interdict - a fairly emergency measure by Scottish legal standards. This aims to remove Tchai-Ovnas right to use the veranda. Thanks to a caveat the Otago Lane community is informed and a hearing is arranged for 11am Wednesday 2nd July (today). The developers team includes an advocate/QC, again fairly unprecedented for a small civil law matter. The Otago Lane Community including former tenant of 42/28 Otago Lane Pol Morgan who was instrumental in inspiring the beautification of the garden of the Tchai-Ovna premises provides evidence for the existence of a veranda at the site for over 20 years, which the founders of Tchai-Ovna always maintained. After a very long and impressive presentation by the developers advocate, this was relayed by the legal team acting on behalf of Tchai-Ovna. As back upallot of photos of the veranda dating way back have been kindly sent by concerned people. The judgement, interdict is denied. Synopsis and questions. The developers team mentions that the urgency of removing the veranda was connected to the development. Essentially that it is holding up building work. However, the developers own inactivity is holding up the work - none of the 27 very expensive conditions have been fulfilled or possibly even started and the verandas removal is not high on the list of priorities which include ensuring the protection of the wildlife corridor and the removal of dangerous weeds like the knotweed. We believe the developer wishes to remove the Tchai-Ovna as it spearheaded the largely successful campaign against the building proposals. The motivation, one uppance, maliciousness, revenge even. Spotting the veranda was being repaired the developer saw an opportunity to do this by taking photos and trying to make it look like we had been building a new structure. He was even willing to go to great cost to do this - e.g. throw money at it and the problem (the Tchai-Ovna and Otago Lane community) will go away. Unfortunately for him there is an abundance of evidence to the contrary. So what will his next moves be? What dastardly action has he got in store for the rebellious shop owners and residents of Otago Lane that are refusing to let him have his own way? The saga continues... Much thanks to everyone who has helped, from sending photos and messages of support, to providing witness statements. A very special thanks to the Inksters legal team (John McKissock and Clare Maguire) who skillfully represented the Tchai-Ovna and the communitys interests.
Posted on: Wed, 02 Jul 2014 19:34:08 +0000
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