Kensal Rise Library development decision deferred pending legal advice on fraud

The planning application by Andrew Gillick  for the redevelopment of Kensal Rise Library, closed by Brent Council, was deferred tonight at a dramatic meeting of Brent Planning Committee,

Committee membership was reduced by two members when Cllr Shafique Choudhary and Cllr Dan Filson withdrew on the basis that they had expressed strong views prior to joining the Committee.
This left 5 members, including the chair Sarah Marquis, to make the decision.

It had seemed that the fraudulent email investigation had been ignored when the meeting went ahead without any statement about deferment pending the outcome of the current police investigation into fraudulent emails that had supported Mr Gillick's last application.

Karl Abeyasekera, speaking as a member of the public drew members' attention to the fraudulent email issue saying that the 'guilty party' could benefit materially from this application. He called for the Committee to defer pending the outcome of the police investigation.

Stephanie Schonfield of the Friends of Kensal Rise Library spoke in support of the application  and said they had put their trust in All Souls College and the developer and hoped they would reciprocate by supporting FKRL to manage the community space. She regretted that they were only the preferred bidder and not the named occupant.

Horatio Chance, the Committee's legal adviser  told members that the 'binding agreement' with All Souls College was excempt from the Localism Act and had no relevance to the Kensal Rise building's Asset of Community Value status.

Following other contribututions, including a question from Cllr Amer Agha about the email investigation, and the developer's agent saying the community space had to be offered to other voluntary organisations  and ot resreved for FKRL, it looked as if the Committee was about the vote when chair Sara Marquis dropped her bombshell. She made a statement from the chair. She said that despite legal advice to the contrary she could not see why an ongoing police investigation into the previous application could NOT be a material consideration.

There followed a potentially testy but lawyerly interchange with Horation Chance, the Committee's legal adviser, on whether the Committee were legally bound to make a decision on the application on purely planning grounds, ignoring the email investigation. Chance in near exasperation declared that the legal advice  was clear and had come from no less a person than Fiona Ledden.

Marquis insisted the Committee needed further legal advice on whether the fraud investigation should be taken into account and when Chance could add nothing further she said that the Committee should vote on deferment. Various officers warned that the applicant might appeal to thre Secretary of State over the delay and seek compensation.

Cllr Roxanne Mashari, a Cabinet member and former lead member for Environment, who played a large part in brokering the deal with FKRL, made a late attempt to speak. Cllr Marquis rejected the request as the section for contributions had finished and she pointed out that the councillor had had the chance to put in a request to speak with the two days notice required of councillors.

The Committee voted on whether to hear the planning application, and only Cllr Kasangara, perhaps reflecting Conservative values, said that fraud was of no account and the vote on the application should go ahead.

The Committee then voted 3 for  (Cllrs Marquis, Agha, Hylton), 1 against  (Cllr Kasangara)and 1 abstention (Cllr Lia Colacicco) on the motion to defer the decision on the application until further legal advice had been obtained. This will mean the application  returning on the next cycle to the Committee that meets on July 16th.

This was not a vote to await the outcome of the police investigation but to decide if the investigation was something that the Committee should take into account.

It was also clear from the councillors' questions, or lack of them, that they were only concerned about minor aspects of the application itself, so it looks likely to eventually go through given the number of supporting letters. Unless there are further developments...

Cllr Sarah Marquis deserves credit for showing the sort of independence and toughness that one should expect from a Chair of Planning.

Marquis is a lawyer and specialises in fraud and white collar crime.

As a newly elected councillor, chairing her first committee, she has already made her mark.