WALPOLE PARK: UNDERSTANDING THE SECTION 123(2A) OF THE LOCAL GOVERNMENT ACT 1972 NOTICE
A crucial stage in the proposed Troubadour Theatre development
Ealing Council is pursuing a proposal to grant Troubadour Theatres Ltd a lease over part of Walpole Park for a large temporary theatre.
On 9 September 2026, the Council's Cabinet agreed to the proposal in principle, subject to planning permission, and noted that a further Cabinet report would be needed before a final decision. The proposed lease is for three and a half years.
The Section 123 notice is an important next step for anyone concerned about the future of Walpole Park.
What is a Section 123 notice?
Section 123(2A) of the Local Government Act 1972 sets out a legal requirement that applies when a council proposes to dispose of land that consists of, or forms part of, public open space.
Before disposing of the land, the council must advertise its intention to do so in a newspaper circulating in the local area for two consecutive weeks. The notice must identify the land concerned, and the council must consider any objections made to the proposed disposal.
In this context, disposal can include granting a lease. It does not necessarily mean selling the land permanently.
This statutory process gives the public an opportunity to make their views known before the council proceeds with the disposal.
Why is this important for Walpole Park?
Walpole Park is a valued public green space with historic significance. The proposed theatre would occupy part of the park under a temporary lease.
The Section 123 process is an opportunity for residents, park users and other interested people to explain their concerns about the proposed use of public open space.
You may wish to consider issues such as:
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The loss of public access to the affected area during the lease.
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The effect of the proposed development on the park's character, heritage and landscape.
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The implications of using public parkland for a commercial theatre operation.
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The long-term implications of allowing part of a public park to be occupied for this purpose.
These are matters people can consider and address in their representations. The precise land involved and the terms of the proposed disposal should be checked against the official documents.
What can members of the public do?
Prepare now, and be ready to respond when the notice is published.
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Read the legislation and the Council's published decision using the links below.
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Look out for the official Section 123 notice and check exactly which land it covers (Save Walpole are also on the lookout and will let EVERYONE know when this happens!)
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Read the notice carefully for the submission address, instructions and deadline.
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If you wish to object, you will need to submit your own written objection in accordance with the notice. However we will have a template for you to use, as certain words do need to be used, and some words/phrasing must be avoided. Explain your concerns clearly and refer to the specific land and proposal.
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Keep a copy of your objection and forward it to savewalpole@outlook.com plus any acknowledgement you receive.
The Council must consider objections made under the statutory process. An objection does not automatically prevent the disposal from proceeding, but it ensures that the concerns submitted are part of the process the Council must consider.
Important: A petition, a comment on social media or a representation on a planning application is not a substitute for submitting an objection in response to the Section 123 notice. These are separate processes.