Phil Groom writes:
“Part 4?” you ask. Yes: Part 3 wasn’t labelled as such: it appeared earlier this week as Welcome to GemStar Jewellery and Gifts, Exeter. Since then SPCK have kindly furnished me with a copy of the Land Registry documentation pertaining to the transfer of properties to St Stephen the Great Charitable Trust (SSGCT).
The covenant contained in that document, and cited in my letter to Exeter’s Planning Services Dept (sent today, copied in full below) applies specifically to Bradford, Canterbury, Exeter, Truro and York.
I’d like to emphasise at this point — as stated in my letter — that I know of no cause for concern about the new tenants, GemStar, as a company: on the contrary, their presence is no doubt an asset to Exeter and I wish them every success. Unfortunately, like so many others caught up in this mess, they may find themselves unwitting victims of the Brewers’ innovative business practices; and in that, they have my sympathy.
Full details of the Planning Application along with drawings and other documents are available on the Exeter City Council Planning Pages:
The deadline for comments or objections is 21 days from 12/12/2008, the date of the Planning Application Notice as displayed in the shop window.
Subject: Comments re. Planning Application 08/2291/07
Date: 19 December 2008
To: Rachael Durbin, Exeter City Council, Planning Services Dept
Dear Ms Durbin,
I wish to comment on Planning Application 08/2291/07 re. the proposed “alterations to existing fascias to provide non-illuminated hand painted lettering on south east and south west elevations, hand painted vertical lettering on south corner of building and projecting sign on south west elevation”.
Having studied the proposed signage, I believe that its installation would be in further direct breach of the seven year covenant pertaining to the use of the property at 1-2 Catherine Street which restricts such use to Christian bookselling. I say “further direct breach” because the current usage of the shop as a jewellery store is also, unfortunately, in breach of that restrictive covenant, which states:
The Transferee hereby covenants with the Transferor that for a period of seven years from the date hereof the Transferee will use the Properties hereby transferred as bookshops which will serve a broad Christian tradition and sell books, bibles, church and parish stationery and resources, music, software, cards, gifts and other associated products which adequately reflect the range of theological views held within the broad Christian church including those of the Church of england, the Roman Catholic Church, the Methodist and Baptist churches as well as the Orthodox Church and will not use or permit the property to be used for any other purpose.
That citation is taken directly from the Land Registry form TP3, “Transfer of portfolio of titles”, certified copy dated 12/01/07, (copy available on request: please ask) whereby a transfer with “limited title guarantee” took place between the former occupants, the Society for the Promotion of Christian Knowledge (SPCK) and John Mark Brewer, Sandra Kay Brewer and Karen Ellen Brewer (the Brewers) who were “to hold the Property as Trustees of the St Stephen the Great Charitable Trust” (SSGCT).
Whether the Brewers had the right to dispose of the property is another matter (restrictions on disposition are imposed by Section 36 of the Charities Act 1993, and I am referring this matter separately to the Charity Commission) but even if they did have such right, the restrictive covenant remains in place and is binding upon any subsequent owners, and is in fact twice referred to in the current Land Registry files relating to this property, which also note that a copy of the covenant is filed:
Under “B: Proprietorship Register”, part 3:
(31.10.2008 ) A Transfer to a former proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.
and under “C: Charges Register”, part 1:
(06.05.2008 ) A Transfer of the land in this title and other land dated 29 November 2006 made between (1) The Society For Promoting Christian Knowledge and (2) John Mark Brewer and Others contains restrictive covenants.
Please note that I have no concerns whatsoever about the new tenants, GemStar, as a company: on the contrary, their presence is no doubt an asset to Exeter and I wish them every success. I fear, however, that they may find themselves unwitting victims of the Brewers’ innovative business practices.
My concerns relate to the use of these particular premises for purposes contrary to an established covenant and, specifically with reference to this planning application, by proposed signage that fails to promote the covenanted usage during the seven year period throughout which the covenant applies. Please do not hesitate to ask if you require any further information: this issue is but one small part of a much more extensive and ongoing scrutiny of the Brewers and their business dealings.
Please also note that a copy of this letter will be posted on the ‘SPCK/SSG: News, Notes & Info’ blog.
I thank you for your attention to this matter and I look forward to receiving your response soon.
SPCK/SSG: News, Notes & Info