Construction company Erith threatens to sue complaining Bayswater resident for his comments on social media website

BY OWEN SHEPPARD
Local Democracy Reporter
yann@slpmedia.co.uk

Construction giant Erith has threatened to sue a resident who complained about noise and vibrations caused by demolition of the historic Whiteleys shopping centre.

Hundreds of people in Bayswater have, since May, been affected by heavy drilling at the site of the Edwardian shopping centre in Queensway.

Hired by developer Meyer Bergman, Erith’s workers are drilling in order to break up the centre’s reinforced-concrete foundations, before building a hotel and blocks of luxury flats.

The resident said they received a letter from Erith’s lawyers, DLA Piper, demanding they delete “defamatory” comments posted on social media platform Nextdoor.

The comments alleged that Erith had lied about attempts it has made to minimise disruption to residents.

People living around Bayswater had been using Nextdoor to share experiences of the noise and disruption while criticising Erith.

“I was told to delete all the so-called ‘defamatory’ remarks and write to them a retraction of everything I said by October 8, or face further legal action,” said the resident, who does not want to be named.

“It’s ridiculous, because so many people have complained. So me being forced to delete what I put on a Nextdoor thread isn’t going to make a difference.

“Erith are so rich and powerful that they can afford to do this. They can send letters like this to scare people, to try to get us to back off and shut up.”

The resident said several other local people, who had helped set up the Whiteleys Noise Action Group, had “dropped off the radar” and stopped campaigning.

Erith would not comment on the number of residents it has threatened with legal action.

A spokesman for the company said: “We do not consider that it is appropriate to comment on on-going legal matters at this time.”

Erith Contractors Ltd, ― whose 2018 turnover was more than £133 million,― also holds valuable contracts with HS2 and Crossrail.

The threatened resident said: “How on earth can they think one penniless person can do any harm to them? They’re just doing it to scare me.

“Erith have made clear they’re going to keep on doing what they’re doing. And they keep saying they’re ‘following best practice’.

“There needs to be a change in the law, otherwise they’re going to torment other people after this.”

Families living up to almost a mile away from the demolition site have said they can hear, and feel, the vibrations in their homes.

The site covers a 153,000 sq ft chunk of land, equal to two football pitches.

Westminster council confirmed reports that sound and vibrations from the drilling are being carried via underground river and sewage systems around the Bayswater area.

Earlier this month, a mother told of how her nine-year-old boy, who suffers from autism and sensory processing disorder, had “hidden under his bed for days” because of the drilling.

While Jennifer Robitaille, a PR worker whose basement flat is 300m from Whiteleys, said: “The sound reaches 60 decibels in our home, so it’s like someone talking.

You can’t just drown it out with the TV. I know of people who live 800m away who can hear the drilling.”

Erith is building the project on behalf of the site’s owners, Meyer Bergman, whose portfolio of shopping destinations includes sites in Paris, Berlin, Oslo and Bond Street.

Planning permission was given in 2016, despite a campaign from residents that included a petition signed by more than 1,000 people.

Two 10-storey blocks with 123 luxury homes will be built. It will also include a 30-room boutique hotel and a subterranean leisure complex with a cinema and a bowling alley.

The new development will have 65 per cent less retail space than the old centre.

The Erith spokesman said the drilling at Whiteleys was due to end in November. “In relation to the Whiteley’s shopping centre and for the avoidance of any doubt, Erith continues to take all required and necessary care with the way in which its activities are carried out.

“We are able to confirm that our works at the site are currently scheduled to be completed by the end of
November.”

Meyer Bergman was approached for comment but there was no response.