We have just received a letter from Delancey regarding the leaflet we intend to distribute this weekend (you can read the letter here).
In summary, Delancey object to the first picture that we intended to publish in our leaflet, and describe it as:
“…a malicious falsehood against Metro, namely the malicious publication to third persons of a false image in connection with Metro and its business which is calculated to cause or will result in damage to Metro in connection with its planning application to the Council.
First the image is false and maliciously misrepresents the nature of the development proposed by metro by deliberately distorting the original image from which this version is created and by substantially falsifying the apparent height of parts of the proposed development.“
Accordingly, Delancey threaten to take the Clapham Junction Action Group to Court for malicious falsehood, claiming damages and costs. It is noticeable that we received the email today, at 5.35pm, whilst the leaflet has been available for comment since the 18th December. Moreover, we also published the picture on the 23rd of November 2008. Apparently, for 1 1/2 month, it was not a problem. Happily, however, we should be able have been able to replace the offending image with Delancey’s own creation before this weekend (=>new leaflet HERE).
Some of you viewing the two images side by side may think there is not much difference, other than that we have attempted to present a truer representation by showing the second tower alongside the first looming over the Falcon pub!
On the left, the size (in red) of the towers drafted by the CJAG. Beside, the comparison (red) on the photo provided by Delancey.
Here, another example with the size of our draft (red) compared with a photo from the Delancey’s video (on their website):
Still, this is a free debate and we are happy to take on board Delancey’s so politely worded requests. Perhaps in future they might consider sending them in a little earlier and in slightly less hostile language?
Quite incredibly, Delancey justify their position in the following terms (just before threatening to sue us!):
“Whilst Metro fully supports an open debate in which the local community is fully consulted and has the opportunity to express their views, it is important that the integrity and fairness of this debate and the planning process is not undermined by misleading statements and/or images. The false image in the leaflet is likely to result in objections being premised on an erroneous understanding of the nature of this development.“
Yes, we thought you’d enjoy that too!
And to make sure we get the message, they add:
“If you do not complain with Metro’s reasonable request, but continue to publish, make available for distribution and/or distribute the leaflet in it’s current form and/or any other false information and/or images, Metro will rely on such conduct as evidence of you malice which is calculated to cause or will result in damage to our client in connection with the planning application.
Accordingly, Metro expressly reserves its right to bring proceedings against you should it be necessary and to seek its costs in so doing.“
In the interests of this open debate, we again repeat our requests for proper images to be displayed in the public consultation and for scale models to be provided at the station. Below are just a selection of the most widely publicised representations of the towers provided by our friends so far. We are sure than none of them could possibly result in an erroneous understanding of the nature of this development!
1. The main publicity photo – displayed at the station and on the front page of the Council’s planning consultation leaflet. Errm: what happened to the other 30 storeys guys? And is the second tower so shy to hide behind its twin?
2. Amazing what you can do with elongation! The only time we knew it to be so far from TK Maxx to the Falcon! And what about the top bits again?
3. Ahh. Now that’s more like it. Just look at that lovely sunset and gentle floaty clouds. We’re sure it will look every bit as great under a typical leaden sky.
If you would like to voice your support for the publication of non-misleading publicity material and scale models at the station, then please post your comment here. At least we know that Delancey will be watching!