Guest Blog - Etz Chaim School - A Mill Hill Resident responds to Action group blog - by Mr Boris Shedlyson

By Boris Shedlyson,

In response to your recent guest blog from the Anti-Etz Chaim/Save our Garden Centre Group, there are a few points that I would like to clear up:

They do not speak for me nor many other members of “the community”.

I don't want to be dragged into a slanging match, as a resident in Victoria Rd, I am very happy to see the back of the daily morning gridlock caused by the articulated 40ft lorries illegally parked up for hours outside Wyvales and performing traffic island destroying u-turns at the junction with Hammers Lane.

There will only be worse traffic if the kids are dropped off in articulated lorries..even if some parents should refuse to walk their children to school and even if some drive 4 x 4’s, they will have a whole car park to turn their cars around in.

You should also consider that the school could bring with it a pedestrian crossing, desperately needed on Dawes Lane, a benefit to the entire community. We have been trying for 15years to have crossings put in on Lawrence St and Dawes Lane, the school could help to make this happen, allowing young and old alike to cross into the park. There is not a single pedestrian crossing in the entirety of Poets Corner/Dawes Lanes/Hammers Lane, despite the number of schools, elderly and disabled living in the vicinity.

The Council should be pouring cash into improving the park amenities, not spending it on lawyers fighting this absurd cause.

The proposed school will be closed for the entirety of the many holidays, freeing up the car park for park users rather than be crammed with Wyvale's shoppers, benefitting the entirety of the community.

Wyvales took the decision to grab the money and run and in my opinion, treated their staff rather shabbily. However, they were never a Public amenity, they were a commercial organisation whose peppercorn rent allowed them to increase their profits.

The Mill Hill Park is the key, there is a cafe and the facilities desperately need upgrading and maintaining, it would be money better spent rather than fighting opponents to the school.

I realise how potentially divisive this subject is, we are all entitled to our own views, however, I could not hold my silence when we see outright lies being published in a public forum. These lies damage our reputation and indeed our viability in crushing economic times; we are trying to make a living.

Members of the action group have claimed that Finchley Nurseries doubled their prices,accusing them of somehow profiteering; this is hurtful. There have been no unusual increase in prices whatsoever as a result of Wyvales closure, Finchley Nurseries continues to offer many more discounted deals on everything from compost to bird food.

Finchley Nurseries, less than 2miles from Wyvales was here 60yrs before Wyvale...nobody asked them if it was ok when Wyvales were given the site practically free. Finchley Nurseries is part of the community in a way that Wyvales could never claim nor hope to be. Yes, it was convenient and people got used to it being there, however, to claim that it was in some way a beacon of light for community groups within Mill Hill is absurd. 

Did I mention that there is also a superb aquatics outlet at Finchley Nurseries Burtonhole Lane, off The Ridgeway, NW7 1AS, open 7days a week?

Support your local garden centre so that we can continue to help support the local community, support Mill Hill Park....and stop wasting our own taxes on expensive lawyers.

_____________________________________________________________________

Boris Shedlyson is a Mill Hill Resident. Guest blogs are always welcome at the Barnet Eye

Guest Blog - Mill Hill Action Group continue to oppose Etz Chaim School

By Zoe Samuelson,

Thank you to all those who attended the meeting on Sunday and for those of you who sent your vote by proxy. As many of you are aware, our first Judicial Review against the granting of planning permission to the school was successful, but the school used up another application and applied again and the council approved their second application.

Our legal advice is that there is again a legal argument against the school as a replacement for the Garden Centre in Daws Lane. We invited the community to advise us whether we should continue the fight and issue legal action once more and ask the court to once again overturn the council's decision.
The vote from the community was an overwhelming yes to continue to rebuild the Garden Centre. Rebuilding a place where the elderly, the young, the disabled and able-bodied all mixed naturally together. A place where the community met so that the teenagers & children of our neighbourhood knew those who've lived here for over 40 years. A place where those with physical and mental health issues were naturally included as an essentail part of the community and were not seperated into special classes or isolated into special facilities.

It is clear in the Dep of Education's Funding Agreement to the school (confirmed in letters) that if planning permission cannot be obtained by the school, the land will revert to the Dep of Education and our view is that they will sell it to one of our available buyers who will replace the Garden Centre, even better than before (para 91A of the Funding Agreement for those of you who like knowing the detail).
The Mayor of London has now decided he cannot intervene with Barnet's decision. So we await the formal process for Barnet council to approve the school's planning application. After that we propose to issue legal action by sending a pre-action letter to Barnet and issuing legal proceedings, preventing any work on the site by the school.

In order to proceed now though we require further funds. The first JR is awaiting the final stamp by the court before we can claim back our costs. Last time we raised over £13,000 in just 25 days. Once we get most of our costs back for the first JR, all the money will form a pot from which to challenge the council until they listen to the court that has already told them once that the elderly and disabled of the community are entitled to be given their due regard and should not be ignored (The Equality Act 2010). If we ultimately succeed, the funds from the court will be returned to you.

You may be interested to know that our successful legal challenge supporting the elderly and disabled of Mill Hill will, we are informed, makes legal history as the first successful legal challenge under the Equality Act 2010. We are setting the standard for how councils across the country should treat those who are the most vulnerable in our society and in any formal council decision, across the UK, you will begin to see their consideration of the Equality Act 2010 because of Mill Hill. 

Zoe & the Team

-------------------------------------------------------------------------------------------------------------------

The Mill Hill Action Group are fighting to reinstate a Garden Centre on the site of the closed Wyevale Garden Centre in Daws Lane. Their email is saveourgardencentre@gmail.com. The Barnet Eye has published this blog as it is a matter of local public interest. We welcome guest blogs from anyone with an interest in local issues. Publication of a guest blog does not necessarily indicate agreement with the views expressed.

Etz Chaim Latest - Email from Action group

The following email was sent to all supporters of the Mill Hill Action Group who are opposed to the opening of a school at the site of Wyevale Garden centre  - No comment available from the school.
--------------------------
From: Garden Centre


Date: 3 October 2011 10:28:23 GMT+01:00

To: undisclosed-recipients:;

Subject: Press Release

Dear Supporters,

We apologise that you have not heard from us for a while, but we can assure you that we have been working diligently behind the scenes to ensure that the judicial review and claim against Barnet Council’s decision has the best opportunity of success. We do not want to fill your inbox’s with information until we have something significant to say…hence this email now!

The pre-action letter we sent to Barnet Council setting out our claim and alleging that they ignored the views of the elderly and disabled in deciding to grant planning permission to the school is attached to this email.

Barnet Council has now responded and they have accepted WE ARE RIGHT. They have agreed in writing that they failed to properly consider the views of the elderly and disabled in the decision to grant planning permission. They agree that they breached the Equalities Act 2010.

We win! The planning permission for the school will be quashed and the school will have no planning permission to do any work on the site and to build a school.

May we remind you of the process however: After the Jewish holidays (to be fair) we will issue the Judicial Review and Barnet Council will formally concede and the planning permission will be quashed.

The council may still decide to re-hear the planning application by the school. We argue that they need to undertake a new consultation and positively seek the views of the elderly, disabled and the community generally. However, they may attempt to sneak the hearing in quickly and rush it through.

If so, we’ll fight it again. The views of the elderly and disabled must be properly counted, assessed and we say, prioritised according to the Equalities Act 2010. The Council can’t get away from the fact that Free Schools, although encouraged by MP’s, have no statutory force that prioritises them. The Equalities Act 2010 ensures that the views of the elderly and disabled have that force and the courts have insisted that their views must be prioritised. If necessary, having won once, we can go back to the court and again take a judicial review if the Council insist on breaking the law.

This is why your donations have been so invaluable and we thank every person who has managed in these difficult times to find some money to help the community fight for their community (and a fight based on right and not riots!). Unfortunately, the Council and the school have forced us to take legal action as they refuse simply to listen and move to another site and we have no option but to ask you to keep those donations coming. They will be returned if possible (we’ll get some of our costs back for this application), but they provide us with the only method currently of forcing our voices to be heard, as it seems that without court action no one listens anymore to the majority in the community.

We attach a press release that we intend to issue. If you know of any reporters or journalists or have any contacts please help us by sending this to them. We think it’s a good story and the public have a right to know the truth.

Congratulations to us all.
Zoe
on behalf of Daniel’s friends and supporters

Wyevale Garden Centre Mill Hill - Misleading notices

I've been asked to draw attention to the fact that a rather misleading notice has been placed on the site of the former Wyevale Garden Centre in Mill Hill. This states that the nearest Garden Centres are in Enfield, Potters Bar and Harrow. This is totally incorrect. The nearest Garden Centre is in Mill Hill. It's called Finchley Nurseries and they are in Burtonhole Lane. They are also  Mill Hill's oldest garden centre, having been on the site for 73 years. They also have an aquatic centre on site. The full details can be found here - http://www.finchleynurseries.co.uk/

I've spoken to Etz Chaim school, who will be occupying the site and they have asked me to clarify the fact that the signs are nothing to do with them, as Wyevale still own the site and will do until the 3rd of October. They are not legal able to do anything about the signs. Until that time, Wyevale can do what they like (so long as it's legal). It is natural that they wish to promote their other sites, but the wording on these banners are incorrect. They should say "Your nearest Wyevale Garden Centre is at ....".

As a long standing Mill Hill resident, I urge everyone to support local businesses such as Finchley Nurseries and the Pond Life Aquatic centre. I personally see no reason why any Mill Hill resident would want to shop at Wyevale in future. They made a commercial decision to abandon the Centre, which they claimed was trading profitably to many local residents, up until the transfer of the lease. They chose to leave their loyal customers, so support the centre that is still here and save yourself the petrol. Despite some of the wilder claims by locals, what happened was that Wyevales were a good price and put the cash before their customers. End of Story.

MilL Hill News - Etz Chaim School - Response from action group

Guest Blog by Zoe Samuelson,

Thank you for the invitation.  

We have met and corresponded with the proponents on a number of occasions.

We have been clear all along as our objection letter shows that we support the school just not in that location and thousands of objection letters submitted to the council confirm this. We also made it clear that we support the school in any close location.

At a meeting we offered a number of locations including another site which was only refused on the grounds of being only financially suitable for a 3 form entry school. This was strange as only the week before it was quoted in the press that for every place there were 3 applications. In reality the projected uptake will fall in the next 2 years. Their words, not mine. 

Had consultation taken place all the way along they would have realised what the centre means to so many people. However, despite numerous requests for the Councillors, planning team or school to go and speak directly to the elderly and disabled in the community, they have refused, each and every time.

The individuals who use the site for rehabilitation and treatment as part of their services to the Borough residents include many service providers from Barnet funded centres and social services. Adults with learning disabilities in particular are the hardest group to be able to make sure that every day counts. To take away a resource is selfish. I cannot think of one reason why a school cannot deliver just as good an education on an alternative site. 

I have read all the documents and would like to share my observations. 

1) Primary school place shortages list does not include Mill Hill 

2) There is not one child of school age marked on the school catchment map in the immediate area down to go to the school and only 2 children of nursery age.

3) According to the catchment shown it is likely that 150 – 190 cars (including staff) will drive to this location.  This is matched by comparisons with other schools in the immediate area.

4)The community use offered is acknowledged as being no different to what is already available, is costly, discretionary and you’re right, can only be used if you are Kosher (and can afford to provide kosher food for your guests). Athletics and dance are hardly suitable opportunities for the elderly and disabled. In any event the school will exclude all day centres and colleges as community use is offered out of school hours. What of the service providers? How do you replace this resource for them? Horticulture, independent living, out and about for the mentally ill, stimulation from the aquatics centre, exemplary access which includes mobility scooters. Space to breath and interact. 

5) We have heard that it could be a Tesco. Yet Barnet Council acknowledge that they have received no other enquiries for the site, despite the rumours and misinformation put out by the School’s proponents. Ask the Council. We did in an FOI. In any event, Mill Hill is one of their top performing centres and if they weren’t being offered an inflated price and have a chairman on the Free School Government think tank, they have no reason to sell. However, it is the site for the community we support. This site has always existed for the good of the entire community and not just a small section.

We have asked to work with Adam and his team but they have steadfastly refused.

The solution. Open the school in the Sea Cadets building in September. Move to the JMI School in Barnet which will be vacated by the current tenants when their new school, currently being built in Hale lane is ready next spring. From there, find and develop a permanent site which will not remove the heart of the community from the community. 

The school did not have to open this year as every child has also had an offer from Barnet. I cannot think of a worse start for a community school. This is not how it should be.

Zoe Samuelson

-------------------------------------------------------------------------------------------------------

Zoe Samuelson is a member of the Action Group opposing the closure of Mill Hill Garden Centre to facilitate Etz Chaim Free School. This blog was published in response to a blog posted by the Barnet Eye, where we asked for statements from opponents and supporters of the School. This does not represent the views of the Barnet Eye.  Guest blogs are always welcome on any subject relevant to life in the London Borough of  Barnet.