Guest blog by Meg Howarth
All Souls College (ASC) has released the Option Agreement (OA) to buy Kensal Rise Library which it signed with Andrew Gillick on 26 November 2012. It was ordered to do so by the Information Commissioner following a successful appeal against its refusal to disclose the document under a Freedom of Information (FOI) request - details of that decision have been published on the ICO (Information Commissioner's Office) website.
All Souls College (ASC) has released the Option Agreement (OA) to buy Kensal Rise Library which it signed with Andrew Gillick on 26 November 2012. It was ordered to do so by the Information Commissioner following a successful appeal against its refusal to disclose the document under a Freedom of Information (FOI) request - details of that decision have been published on the ICO (Information Commissioner's Office) website.
Failure to comply
with the commissioner's decision could have resulted in ASC being reported
to the
High Court. Though the college was permitted to redact the names, dates and
sale-price from disclosure, ironically it's only the price Andrew Gillick paid
for Kensal Rise Library that's still unknown. As of today, the Land Registry
records haven't been updated since the sale to Mr Gillick was completed
on/after 31 January this year but currently reveal:
'Option Agreement dated 26 November 2012 made between(1) Andrew Gillick and (2) The Warden and College of the Souls of AllFaithful People Deceased in the University of Oxford expiring on 31January 2013'
and
that the value of the property
'at 5 July 2012 was stated to be under £100,000'.
Interestingly,
the OA shows that Mr Gillick paid a deposit of £105,000 which was to be
deducted from the sale-price of the building.
Dated 2012THE WARDEN AND COLLEGE OF THE SOULS OF ALL FAITHFUL PEOPLE DECEASED IN THE UNIVERSITY OF OXFORD (1)--------------------(2)__________________________________OPTION AGREEMENTto purchase Kensal Rise Library___________________________________
24 comments:
The next question can All Souls College enter into such a binding agreement when everything would be subject to planning regulations.
It calls into question the validity of the contract of sale if All Souls College do not have any power over enforcing the contract in practice if for example planning refuse to rezoned from D1 with a large majority as residential.
Sale was not dependent on planning application being granted, which was why it was so attractive to the College,
Property value of £100,000 as on Land Registry details is a 'nominal' sum and is meaningless. Applies to many properties.
The contract of sale is already pre determing the loss of D1 floor area by stating a minimum.
This can't possibly be a valid contract when All Souls College are setting the paramaters of a minimum D1 space area.
The minimum should be the existing floor area as this is the community loss of D1 floor area !
Link to land registry objections.
It seems in this case when All Souls College have made a contract that contravenes the powers of a Local Planning Authority in determing the community loss of D1 community space the contract is invalid and therefore the planning application is invalid and should therefore be refused on such basis
http://www.landregistry.gov.uk/professional/guides/practice-guide-37
No wonder this document was kept quiet. It could easily be challenged.
It just goes to show how corrupt the system really is when decisions are being made behind closed doors and the amount of D1 space set as a minimum.
This contract should read something more like" minimum D1 space of over 6500 sqf be retained representing current floor area unless as determined by local planning laws the minimum D1 floor is either reduced or increase subjected to planning committee agreement"
All Souls College had no legal basis in pre determing the reduction in D1 floor area.
I cannot believe this building was sold for £100,000.
Seems very cheap, we should have bought it and saved all the torment.
Exactly why the current proposal of 80% loss of D1 space should be refused
The <£100k wasn't the sale price. That won't be known until listed - if at all - on the Land Registry's updated 'title' (ownership) register. The registry confirms that it has 'an application pending' but cannot say when this will be complete. Two months have passed since the freehold sale to Andrew Gillick so what, if anything, is holding up matters beyond a queueing delay is unclear. Whether the sale price appears on the register depends what's in the Transfer deed - see link below for exceptions http://buzz.mw/bpy55_f.
Can planning committee make a decision if title deeds unclear and or a dispute as per ? Mark on the ability of All Souls College to pre determine reduction of D1 minimum space ?
No they cannot.
The purchase is invalid and so is the planning application. So back to the drawing board for Gillick.
Downside is the library is now even further away.
Hopefully he doesnt take the easy option with all these twists and turns and rent it out to a church group... KR is nice on a Sunday morning... that would really effect the area and atmosphere...
This stinks
All Souls College making a contract behind everyone's backs that is not legal and even tries to keep the contract secret.
The plot gets worse you could not even write a novel with such an exciting number of twists and turns.
On the bright side of things perhaps someone ought to write a book.
Title "The Dark and Murky Side of Capitalism"
Does anyone know how to read plans. I can't see any toilet and wash facilities in the ground floor D1 space ?
Surely this would be a legal requirement in a community space ?
Not sure why there are two separate entrances when the basement seems like a shared space with residents ? Can anyone explain ?
I suppose it is to keep the undesirable Joe public out of sight !
WELL DONE FKRL ON A GREAT JOB AFTER 4 LONG YEARS
YOU GOT AN AGREEMENT WHERE THE WHOLE COMMUNITY STANDS A CHANCE OF GETTING A GREAT FACILITY ALMOST AS BIG AS WHAT WE HAD
With Jodi's stance we would be left with nothing.
The developer would throw in the towel and rent the building to an income producing D1 user.
Great a drop in centre, a surgery, a mosque, a church, the options get better.. and We get nothing but a headache neighbour (drunks, drug users walking around or parking chaos and crowds on prayer days)
TIME TO WAKE UP?
What till the 80% of the floor area given away to residents, who will have to pay over the odds to live in the develop start complaining about noise, nuisance etc
It will soon be closed with the develop able to then convert the remainder into house.
The deal is a JOKE, not even worth the paper it is written on.
I am dealing with a genius here.
You can tell how the neighbours will behave and how the library will function.
I have yet to see a library prosecuted for noise pollution... but i could be wrong,
What is the rental income on the property?
It must be 80,000 or more per year?
Sold for 100,000, that is the building paid for in less than a year and a half.
what a deal
yeah All Souls should have put it on the internet.
wake up it's a private building.
Exactly why we should all be fuming and petitioning to get the contract reviewed.
If the contract is found to be invalid, Gillick does not own the building
If it is private building why is everyone so bothered ?
It is not just a private building, but a community building registered as an Asset of Community Value.
There is a big difference in my book.
Wait until Gillicks bunch of spiv buyers and tenants descend on the place and you might realize it is not such a good deal, as FKRL keep insisting it is.
Wake up Honey.
An owner of a property can sell it to whom ever it wants.... on what conditions it wants.
Welcome to the free market and the home of free speech...
You start that petition over the weekend. I hope the weather stays good for you, put a comfortable pair of shoes on.
Cross-post from previous blog: 'Why Friends of Kensal Rise Library accepted developer's offer of space' -
'Margaret Bailey, chair of FKRL, said: “We applaud the action of our council and it’s willingness to take seriously this attempt to subvert local democracy and mislead the public.
“Our community is strongly against this development for the library building and these fraudulent emails of support for the development were an attempt to divide and denigrate this community.
“Fraud is illegal and we support a thorough investigation by the police.”
Cllr Mashari added: “We must keep our eyes on the end result of securing a community library at Kensal Rise.
“I am ready to work with the community and any stakeholder to ensure that this happens and that it is viable and sustainable" - Brent & Kilburn Times, 21 November 2013.
Realise is spelt with an S not a Z unless of course you are from the USA.
Wrong about spelling. Either 's' or 'z' is acceptable. At least one British publisher prefers 'z'.
Post a Comment