15/04/2021
Those who registered their comments in support of the Spring, received this reply from the Council this morning. Whilst we are pleased to see action has been taken, it is unclear at present, what we can expect to see in terms of 'reinstating' the Spring. We will monitor the situation and continue to work to protect the Spring for future generations. We would also encourage anyone who has any ideas, experience, expertise etc to email us with contact details and join our team. Thank you for all your support to date but its not over yet!
Dear All,
In late March the Council were made aware of an issue at 54B School Road, Charlton Kings, affecting what a water course commonly referred to as Spring Bottom. The reported actions constituted a potential breach of Restrictive Covenant affecting the spring which the Council immediately investigated. Many of the reports from residents provided very useful evidence such as photographs and historic documents which the Council collated and used as part of that investigation. The evidence was also reviewed by the legal team to enable them to provide advice and recommend the next necessary legal steps.
Following receiving this legal advice, a representative from Property Services visited the site 30th March 2021 and informed the workmen of the spring’s protected legal status. The representative also asked for any works affecting the spring and the direction of its flow to be stopped.
The Council’s legal representatives have contacted the owner of 54B School Road and made them aware of the Restrictive Covenant. They have been requested to cease any further works which would redirect the flow of water and have been given a period of time in which to reinstate the spring. The homeowner must be given a reasonable period of time in which to address the issues raised after which, if the matter is still unresolved, the Council will take any further appropriate action that they are lawfully able to take.
The Council has engaged several parties in this matter including Property Services, Conservation, Planning Enforcement, Charlton Kings Parish Council and Charlton Kings Ward Councillors and will continue to work collaboratively with them. The Council would also like to take this opportunity to thank everyone who brought this matter to our attention and provided evidence which enabled the Council to act promptly.
Unfortunately, the Council does not have the resources to respond to individual queries about this but please be assured that further updates will be provided in due course and your patience is appreciated.
Kind regards,
Claire Pockett
Trainee Surveyor | Cheltenham Borough Council
01242 264380 / 07384 459 669
[email protected]