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  RIVERSIDE DEVELOPMENT
Statement from Trustees

20th December 2023

The Twickenham Riverside Trust has accepted the outcome of the Public Inquiry into Richmond Council’s proposal for developing the Twickenham Riverside. 

 

While Trustees are naturally disappointed by the Inspector’s decisions and his failure to address many of the core issues raised by the Trust in his report, the Trust now wishes to focus on the future and a positive agenda for the Riverside.

 

Trust Chair, Mark Brownrigg, has said: “The Trust wishes the Council well in carrying forward its project. We intend now to press on with other practical actions under our charitable objectives, including bringing the community together to continue to ‘preserve, protect and improve’ the Riverside and its environs into the future and to ‘advance the education of the public in the history and environment of the area’. 

 

“We will be continuing in 2024 to provide and encourage events on the riverside, beginning with the celebration of the Lunar New Year in February.

 

“Another exciting new project will be the creation of a ‘Friends of Twickenham Riverside’ group to join with Trustees and other supporters to share in the task of safeguarding and caring for the public space on the Riverside and optimising activities for the benefit of local residents and visitors.”

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Over the last three years, Trustees have been obliged to dedicate a huge amount of time and effort to respond to the Council’s redevelopment proposals, liaising with the Council and raising objections in its defence against the Compulsory Purchase Order placed on the Diamond Jubilee Gardens. 

 

Under the Trust’s articles and its lease on the Gardens, Trustees objected to the Order, and particularly to the Wharf Lane building and the impact that its height and massing will mean for the public open space on the Riverside.

 

In this context, the Trust welcomed the intention to redevelop the derelict old pool buildings and the three retail units on King Street (known as the Santander block), thus opening up easier and better access to the Gardens and the Riverside.

 

It had also agreed with the removal of the car parking on the river embankment. 

 

Now that Trustees have decided not to appeal the Inspector’s decision via a judicial review, the way is open for a new era of co-operation and for more energies to be devoted to encouraging the public’s enjoyment of Twickenham’s historic and unique Riverside.

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Timeline Summary of development proposals for Twickenham Riverside

  • October 2018: The Trust agrees with the Council’s proposal that the Diamond Jubilee Gardens, subject to both the Charity Commission Guidance (see section below), and the Trust's 'Principles for Development', are included in a proposed RIBA Competition for the development of Twickenham Riverside 

  • December 2018: The Local Stakeholders Reference Group (SRG) meetings start, inputting into the RIBA Competition Design Brief.  The Trust is a member of the SRG. 

  • March 2019: Launch of RIBA Competition for Twickenham Riverside

  • June 2019: RIBA Competition shortlisted candidates prepare their proposals

  • September 2019: Public consultation on the proposed schemes from the five shortlisted candidates 

  • November 2019: Hopkins Architects is named the preferred bidder, as chosen by the RIBA Competition Design Panel 

  • November 2019 onwards: The Trust enters into legal discussions with the Council regarding the terms of a new lease, subject to the reprovision of the Gardens in accordance with Charity Commission Guidance and the Trust's 'Principles for Development'.

  • February 2020: The Council's Finance Committee approves the appointment of Hopkins Architects

  • July-October 2020: Following input from the Environment Agency, the competition-winning design undergoes change

  • October 2020: Eight new Trustees are appointed to the Trust, with five ‘founding’ trustees standing down, having served the Charity Commission recommended maximum term of office of nine year

  • December 2020: The Trust’s newly formed Design Team has a series of meetings with Hopkins Architects

  • The Council suspends plans for a potential Compulsory Purchase Order (CPO) on the Diamond Jubilee Gardens to allow negotiations to continue with the Trust.

  • January 2021: The Council begins public consultation on the plans. Info here.

  • March 2021: The Council publishes the results of its consultation, to include its engagement with Children and Young People.

  • April 2021: the Council announces that in June 2021 it will use Compulsory Purchase Order Powers to obtain Diamond Jubilee Gardens, should negotiations with the Trust not result in an agreement.

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  • May 2021: The Trust appoints Carter Jonas as its surveyor.

  • June 2021: The Council confirms its use of CPO powers to acquire the Trust’s demise within Diamond Jubilee Gardens, should on-going negotiations with the Trust not be successful.

  • The Trust briefs its surveyors Carter Jonas to prepare a Qualified Surveyor's Report and an Open Space Replacement Land report.

  • July/August 2021: The Trust’s surveyor prepares the reports which examine various aspects of the proposed reprovision of its land. The reports are with reference to Charity Commission Guidance and the Acquisition of Land Act (1981). These reports, and input from its legal advisers, guide the Trust’s negotiations with the Council.

  • September 2021: The Council confirms it will use Compulsory Purchase Powers to acquire Diamond Jubilee Gardens.

  • In advance of a council meeting on September 19th, the Council publishes revised documents that show a changed open space plan with respect to its Compulsory Purchase Order. As a result of these late-stage changes introduced by the Council, the Trust is advised by its surveyor and legal advisors that the recently completed Open Space Replacement Land Report prepared for the Trust will need to be revised.

  • Hugh Brasher, Chair of the Trust and a Trustee since 2012, stands down, having served the maximum nine years that a Trustee is allowed to be on the Trust. 

  • Luke Montgomery-Smith is elected Chair of the Trust by his fellow Trustees.

  • October 2021: Jonathan Preece joins the Trust as a Trustee, replacing the legal skillset of a recently retired trustee.

  • The Council makes a Compulsory Purchase Order (CPO) to acquire the Trust's 125-year lease on the Diamond Jubilee Gardens.

  • The Trust's surveyor delivers a revised draft Open Space Replacement Land Report.

  • November 2021: The Trust submits to the Secretary of State its Objections to the CPO process and to the use of the Acquisition of Land Act (1981)

  • December 2021: The Trust formally rejects the Council's reprovision offer, having assessed the advice from its legal representatives.

  • June 2023: Public Inquiry

  • November 2023: The Planning Inspector finds in the Council's favour. 

  • What were the Trust's main objections to the Council's plans?
    Our primary objection related to the 21-metre (when viewed from the Embankment), 5-storey Wharf Lane building it is proposed be erected on the Diamond Jubilee Gardens on Twickenham Embankment within 10m of the river’s edge This overbearing building will drastically alter the skyline and negatively impact Open Space on the riverside It will be greater in height and mass than any other building on the High Street and brings almost no amenity value to the public. A much-loved children’s playground will be removed – with just one existing tree left standing Replacement open space will be confined between tall buildings and relegated to the flood zone. We were also deeply concerned by the environmental impact of this scheme. Axing 65 of the 66 established trees on the Embankment (23/24 on the gardens), losing nearly 200m2 of tree canopy and over 100m of native hedgerow does not speak to a greener borough. And while the Council claimed that the scheme would provide replacement trees, even they acknowledge this will take a very long time to establish, if ever.
  • What events does the Trust organise?
    Lots! The 10-year Management Agreement - which runs alongside the 125-year lease - requires the Trust to facilitate six events a year to be held on the Diamond Jubilee Gardens. Every year the Trust presents a schedule of events for the year. Some sample recent events include working with the organisers of the High Tide Festival to host a large stage on the Events Space on the Diamond Jubilee Gardens and in 2022 several events were held on the Gardens including hosting the High Tide festival again, showing Wimbledon on the big screen and hosting another Dog Show, a Halloween event and a Christmas Mini-Disco. Plans for 2023 will be published soon.
  • Listen to Ted Cremin, former Chair of the Trust outlining the Trust's position in a 12-minute interview
    Use this LINK to hear to a 12-minute interview with former Chair of the Trust, Ted Cremin, in which he outlines reasons for the Trust's opposition to the Council's plans.
  • Who is responsible for the maintenance of Diamond Jubilee Gardens and are Trustees involved with that?
    At the moment, under the 10-year Management Agreement between the Council and the Trust, the Council is responsible for the maintenance of the Diamond Jubilee Gardens. However, in 2024 the Trust will become responsible for some aspects of the Gardens’ upkeep. Several Trustees live near the Gardens, and are able to help the Council’s various maintenance teams with input regarding general maintenance and repairs. In the past 18 months, Trustees have either organised or liaised closely with the Council regarding: new planting to all the Gardens’ planting beds weeding/maintenance of the planting beds removal of a redundant watering system upgrade to the sandpit on-going repairs to the c.50 garden lights that are longer working on-going work to replace missing benches in both the Gardens and along the Embankment Promenade ensuring that the Council-owned empty pool buildings are adequately secured replacement bins for the riverside, the ones currently being trialled not suitable for the location litter picking in the less accessible areas in and around the Gardens
  • What criteria do Trustees use to guide their decision making?
    Charity law dictates that the Trust must always consider what is in the best interests of the charity, with reference to its Objects. This is one of the trustees’ main responsibilities and the Charity Commission emphasises that this must be borne in mind throughout the decision-making process. To that end, the Trust had carried out a week-long survey of existing users of the Diamond Jubilee Gardens. A detailed report can be found here and a shorter two-page summary can be found here. Key points from this survey were used to inform some of the Trust’s ‘Principles for Development’, submitted to the Council in December 2018 during early discussions about a riverside development. These development principles subsequently underpinned the section about the Diamond Jubilee Gardens in the June 2019 RIBA Competitions Design Brief for Twickenham Riverside. In seeking an Order from the Charity Commission, the Trust would therefore be looking at how successfully any reprovision of the charity land responded to the section about Diamond Jubilee Gardens in the RIBA Competition Design Brief, and also taking into account how the development as a whole addressed both its Objects and the RIBA Competition Design Brief, as created with input from local Stakeholder Groups. This latter is important as, in seeking an Order, the Trust needs to indicate any opposition to the disposal of the land (and by extension what any disposal thereof enables) and what measures the Trust has taken to resolve any opposition.
  • Did the Trust object to the removal of parking?
    No. We had no objection to the reduction or removal of car parking. Removing the car parking was approved by the Council in 2020 and we do not understand why it hasn’t happened already.
  • Have a question?
    If there is something specific you would like to ask, or have a comment about anything you have read on this website or about the development of Twickenham Riverside, we would be very happy to hear from you at: twickenhamriversidetrust@gmail.com
  • CPO: Where can you see the Trust’s Objections to the CPO that were sent to the Secretary of State?
    The Objections can be seen on this website, above this ‘More Information’ section. The Trust objected to both the CPO process and to the proposed use of the Section 19 of the Acquisition of Land Act 1981. The Objections are based on the professional reports commissioned by the Trust in a process that started in June 2021.
  • CPO: Why was there a Compulsory Purchase Order (CPO)?
    The Trust had hoped for meaningful negotiations with the Council about the replacement of the public open space of the Diamond Jubilee Gardens to other areas within the overall site. However the Council chose instead to pursue the more aggressive strategy of taking out a Compulsory Purchase Order (or CPO) in 2021 on land that it granted to the public barely 10 years previously. The Trust opposed this.
  • CPO: On what grounds did the Trust object to the CPO?
    The Trust’s Objection was in two parts. The first part was a general Objection, on the following grounds: That no compelling case in the public interest had been established for a CPO and that it was not an act of last resort. That the Council had not proved its case that the public open space had been increased or improved – either in the reprovisioned Gardens or the scheme itself. Full details around all these points are set out in the documents to be found in the section called “Richmond’s Council’s Compulsory Purchase of the Diamond Jubilee Gardens on Twickenham Riverside” above this 'More Information' section. The second Objection specifically addressed the Council’s use of Section 19 of the Acquisition of Land Act 1981 to support the CPO. We were advised by our professional advisors that this was a flawed approach and an inappropriate use of that Section. The issues related to the overall public open space offered in the scheme. The Council was asserting that: the new open space is as advantageous (in size and amenity value) as the existing open space which is being built on. that a large section of the existing Gardens needs to be seized by the Council in order to preserve it and improve its management. Our advice was that neither case was valid. Full details around all these points are set out in the documents above this ‘More Information’ section.
  • CPO: Why did the Trust lodge Objections to the Council’s Compulsory Purchase Order (CPO)?
    We have a statutory obligation, as defined by the Charity Commission, to ensure that any exchange or reprovision of land is ‘equally advantageous’ to what exists today. The professional advice we received was that the public open space provided for in the Council's development proposals was not of equal advantage to what exists today and so we had no choice but to contest it. The CPO Objections were submitted to the Secretary of State’s office following this very clear advice from the Trust’s professional advisors. The Trust was advised to object to a process that was not in the best interests of the charity and its beneficiaries, the public. By objecting to the CPO, we were fulfilling our duties to protect public open space.
  • Watch a 6-minute video interview with Ted Cremin, former Chair of Trust, explaining the Trust's position
    This LINK will take you to a 6-minute video interview (time code 6:00-12:00) by SW Londoner with Ted Cremin, former Chair of the Trust, and Gareth Roberts, Leader of Richmond Council.
  • What was the Trust advocating to be done instead of the Council's proposed development?
    We support the regeneration and development of the derelict areas (owned by the Council on Water Lane). That is key to improving the open space the public already enjoys. We have no objection to the reduction or removal of car parking. The Council could develop on Water Lane and reduce parking from the riverside while integrating with the Diamond Jubilee Gardens to create a riverside park that would truly improve on what we already have.
  • When new Trustees join the Trust, what training do they receive?"
    All new Trustees receive a ‘New Trustee Pack’, which include copies of the Trust’s lease on Diamond Jubilee Gardens and the Management Agreement, in addition to other background documentation, to include that as recommended by the Charity Commission. Several Trustees have also taken part in Trustee training sessions organised by the Richmond Council for Voluntary Service.
  • How are decisions taken by the Trust?
    Following the consideration of any relevant advice and a meeting, Trustees vote. Those Trustees not present at the meeting can appoint a proxy to vote on their behalf. For example, the decision to accept the advice from our professional advisors that to object to the CPO process was to act in the best interests of the charity: all Trustees - with the exception of the Council-appointed Trustee, and one absent Trustee who had not appointed a proxy - took part in a discussion followed by a vote. It was a unanimous vote of those present in favour of accepting the advice of the Trust’s professional advisors. The Council-appointed Trustee does not participate in discussions/votes and nor is party to any professional advice sought by the Trust with respect to the Twickenham Riverside Development. This is due to a conflict of interest that she has declared arising from her employment by the Council.
  • What does Charity Commission Guidance say about disposing of “charity land”?
    The Twickenham Riverside Trust is a charity and is therefore subject to Charity Commission guidance and regulations. The Charity Commission has produced a 32-page Guidance document: “What trustees need to know about disposing of charity land.” The full Guidance can be read here. The Guidance outlines what trustees ‘should’ do and what trustees ‘must’ do. When it is indicated that trustees ‘must’ do something, this means that there is a specific legal or regulatory requirement that must be complied with. One of these regulatory requirements relates to when the “original donor” of the land (in this case, the Council) is involved in any transaction. In these circumstances, a charity must obtain an Order, or permission, from the Charity Commission before it can complete any transaction. To obtain an Order, the Trust will need to present a case to the Charity Commission that the disposal of its land is in the best interests of the Trust, that it will further the purposes of the Trust and that it will be beneficial to the Trust. The proposed terms of any transaction must be the best that can be reasonably obtained and any replacement land must be of “equivalent amenity value.” The Trust’s legal representatives at BDB Pitmans are specialists in both charity and property law, and have been advising the Trust in its negotiations with the Council since November 2019.
Background to Richmond Council's development proposals

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In October 2018, Trustees gave an undertaking to consider, in relation to its Objects, all plans proposed by the Council that might result from a proposed RIBA Design Competition.

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In December 2018, the Trust submitted its "Principles for Development" (these can viewed here) which were incorporated into the RIBA Competitions Design Brief.

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In February 2019, ahead of the launch of the RIBA Design Competition in June 2019 and at the request of the Council, the Trust submitted further clarification of its Principles for Development. These focussed on public open space currently protected from flooding being 'reprovided' at Embankment level, an area that is currently subject to regular flooding. The Trust stated:

 

By moving the DJG site forward to riverside, the Trust is therefore relinquishing public open space protected from development in exchange for public open space that is not suitable for development. Accordingly, the end result is not “net neutral” i.e. there will have been a loss of protected public open space on the riverside resulting therefrom. It is highly likely that this would contravene the Trust’s charitable objects.

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There is always, of course, the possibility that a proposal as loosely outlined above might result from the RIBA Competitions process to which the Trust, taking into account its charitable objects, may be able to lend its support.

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The full text of the Trust's February 2019 letter can be viewed here.

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Richmond Council’s Compulsory Purchase of the Diamond Jubilee Gardens on Twickenham Riverside

 

The Twickenham Riverside Trust was set up in 2011 following a extensive campaign by local residents (including in a petition of over 8,500 signatures presented to Downing Street) explicitly to protect and preserve the public open space on Twickenham’s riverside. 

 

A 125-year lease on a substantial part of the Diamond Jubilee Gardens (opened in 2012) was granted to the Trust in 2014.

 

At that time, the then Leader of the Council stated that the lease was granted “in perpetuity for the people, so that never again can any other Council come forward with a plan to sell [the Gardens] off to a developer”. 

 

In October 2021, however, the Council launched a Compulsory Purchase Order (CPO) in order to enable development to take place on the Gardens.

 

In November 2021, with 118 years still remaining on the its lease, the Trust submitted its Objections to the CPO to the relevant Secretary of State’s office.

 

At the same time, the Objections were submitted directly to Richmond Council. Over a year later, the Trust has still yet to receive a formal response to its Objections from Richmond Council, despite repeated requests for a meeting with both the Council's Project Team and its legal advisors.

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The Public Inquiries were originally scheduled for November 2022. In July 2022, the Council obtained an adjournment. The Public Inquiries are now scheduled for June 2023. Had the Council not sought an adjournment, the Public Inquiries would have taken place without the Council having obtained planning permission for its CPO scheme from its own Local Planning Authority.

 

Please use the links below to view the Trust’s November 2021 CPO Objections and their appendices:

 

 

The seven Appendices below relate most specifically to the Objection to the Acquisition of Public Open Space, but also support the Objection to the Compulsory Purchase Order:

 

  • Appendix 1 Trust's demise within the Diamond Jubilee Gardens

  • Appendix 2 Order Land Council Finance Committee 20.9.2021

  • Appendix 3 Overlay of Order Land on Existing Gardens (plots 63 and 76)

  • Appendix 4A Flood Zones Planning Application Design & Access Statements

  • Appendix 4B Flood Zones Planning Application Design & Access Statements

  • Appendix 5 Embankment Vehicle/Cycle Corridor

  • Appendix 6 Examples of events in existing Gardens (photos/posters)

  • Appendix 7 Planning Application ‘Daylight, Sunlight and Overshadowing Report’ - External Amenity Areas

 

For more information about the CPO process and general information about the Trust, please see ‘More Information’ below.

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​​Richmond Council’s 2021 Planning Application

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Please use THIS LINK to see the Council's Planning Application.

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Some 16 months and several thousand pages of documents later, to include two re-consultations due to new material being submitted by the Council, on 24th November 2022 the Council's Planning Committee voted unanimously to approve the Council's Planning Application.

 

Use this LINK to view the webcast of the meeting.

PLEASE NOTE: this recording is incomplete as the Council's recording equipment failed to record Members' questions to Officers/discussion of views. The webcast will be available to view until May 2023, when the Council will remove it from public view.

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The Officer's Report (c.200 pages) on the Planning Application can be found here, with an addendum found here.

 

Four trustees addressed the Members of the Planning Committee: the text of Trustees' representations can be found here. 

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A detailed 58-page illustrated document accompanied Trustees' representations. It can be viewed here.

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The Chair of Planning Committee allowed three other members of the public to address the Planning Committee. These speakers also made reference to the 58-page illustrated document:

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  • Helen Montgomery-Smith, Chair of the Eel Pie Island Association: the organisation's representation can be read here.
     

  • Peter Newborne, member of the Riverside Action Group: the group's representation can be read here. 
     

  • Sue Hamilton-Miller, secretary of the Twickenham Society: the society's representation can be read here.

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The Trust had made several Objections/Observations to the Council's Planning Application.

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These, along with 700+ submissions from residents and organisations, could be viewed on the Council's website. However, post the planning decision, the Council removed this material.

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By way of public record, therefore, please see below for Objections/Observations made by the Trust on the following matters (links below):

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JANUARY 2022

 

MARCH 2022

 

NOVEMBER 2022

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Public Inquiry (June 2023)

 

All documentation, including webcasts of the Public Inquiry, are currently (December 2023) available to view via the inquiry manager's (Gateley Hamer) website.

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Use to this LINK to view material. It is not known how long this material will remain available to view.

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However, the Trust's Opening and Closing Statements can be viewed using the links below:

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The Planning Inspector's Decision (November 2023) regarding the CPO and his recommendation regarding the use of Section 19 can be viewed using the links below:

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