This gives very little time for Friends of Kensal Rise Library or any other community interest group to make up their minds and enter a bid. As there is supposed to be a six week initial moratorium before sale to allow an organisation to signal their intention to bid for an Asset of Community Value the question arises as to when Brent Council were first informed by Gillick of his intention to sell.
Once the intention is submitted there is a six month period, starting from when the Council was notified by Gillick, during which the community bidder has to find the money and a mortgage to make a bid.
It's a tough ask but campaigners have proved tough during this battle.
66 comments:
Sadly this will lead to more delays and mean that the people of Kensal Rise will be without a Library for much longer than necessary. All of this could of course have been avoided if Labour Councillors had not authorised the Police supported 2 a.m. raid to clear the Library of the books an action that handed over the £1 million building, paid for by generous benefactors and funds raised through public contributions, to All Souls College. Did not Cllr Butt and Labour promise to build more home during the local elections? - perhaps this is their chance to keep their promise - build 5 affordable homes and a new Library for local people!
Let's be clear: the D1 space is NOT secure so the people of Kensal Rise might be without a library altogether as All Souls retains 'long-term control over the space...so that it cannot be changed from the provision of library services without its permission' (http://www.all-souls.ox.ac.uk/news_detail.php?news_id=95ie)
See also FKRL's November Update announcing Gillick's cashing-in on this latest bit of real estate bit.ly/1z2whWZ.
Told you so FKRL
Gillick just interested in trying to easily profit once planning permission was secured.
Library not a chance FKRL Profit Yes.
Also Credit conditions for development have recently tightened and suggested any buyer is likely to simply sit on the property.
The community has the last laugh sadly at the expense of FKRL
If only they had listened to the community it could all be very different. !
This would be a good opportunity for Labour to score some points in May election and declare they would call in any listed community asset that has been sold off or at risk of being sold to pay for Cameron's Austerity.
Barry Gardiner are you listening !
Sorry, meant to spell out in the above that there's nothing to stop All Souls from granting permission to a new owner to drop the provision of D1 space.
All Souls has treated Kensal Rise Library as nothing more than a profiteering asset - remember, it paid nothing for the building - since it was closed by Brent Council. It was the college that chose not to return it to local people. And now there's nothing to stop it dropping the D1 space as soon as a new buyer is found.
Early Christmas Present ?
A library building going for over 1 Million.
Laugh or Cry ?
Wonder what Roxanne Mashari, Brent's former executive member with responsibility for libraries, has to say about Gillick cashing in on the sale of Kensal Rise Library? She certainly appeared to play an active part in encouraging FKRL into discussions with the property developer. Ditto James Denselow who picked up her mantle...
Someone please explain to me how Gillick can sell something that was gifted to the people of Brent and has now been given away?
THIS IS SUCH A SCAM. BRENT COUNCIL AND THE LABOUR GROUP SHOULD HANG THEIR HEADS IN SHAME.
Further details of the auction can be found here:
http://www.rightmove.co.uk/property-for-sale/property-47394448.html?utm_source=sendtofriend&utm_medium=email&utm_campaign=buying
Simple
FKRL believed in all the B..S Gillick spun to get planning permission.
Without planning permission the building would be worthless.
As a post above has suggested the May 2015 election is the place to vote against incumbent MP's if they are not prepared to immediately call in planning applications such as Kensal Rise Library.
Brent still have not resolved the issue of fake emails in relation to those emails in support for planning permission.
The whole thing just stinks of money for the lucky few.
Is it really the case that All Souls retain long term control over the space because the auction page states that it is the FREE HOLD that is for sale.
All Souls College agreement means nothing.
Gillick will just sell to the highest bidder regardless as the legal agreement FKRL said was water tight has loads of holes any lawyer could easily get around.
So much for FKRL saying at the time they had good legal advice their agreement was water tight.
Why o Why didn't anyone apart from those who spoke out against the agreement stop to think FKRL were pressured into an agreement at the time for political reasons.
It was obvious at the time FKRL were silenced for political reasons and Gillick played on this fear to get an agreement.
This could have been different if FKRL had not caved into political pressure, as planning permission is unlikely to have been granted.
Funny Labour supporters encouraging private profiteers.
Labour becoming more Tory than Tories.
This would not have happened in a Tory constituency as there would have been public outrage.
Brent Labour will try and point finger at Tory austerity cuts, but Brent Labour could have easily reviewed other alternatives, but they chose profit over people.
Ah! Osborne's austerity failure is the Labour opposition's fault. Thanks for that.
I'd always blamed the Greens myself.
There's certainly no doubt that Brent Labour is responsible for the loss of Kensal Rise Library.
Yes
Councillor Mashari in the last few weeks of local election campaigning in May was drum beating about saving the day and getting a deal done.
Moral of the story, never trust someone who wants your vote to stay in power.
Talk about broken promises !!!
How many broken promises have we seen since May elections ?
Indeed, 21.42.
The tragedy of this entire affair is that a once-independent campaign allowed politicians to take the lead. It's been downhill all the way since.
The tragedy is that a number of us oppossed to FKRL so called deal could see what was more than likely to happen after the deal was done.
Shame on Margaret Bailey
We all rallied around in support and it all fell apart when FKRL split and no longer represented the interests of the people.
Very good lesson, listen to those below you, as they might just have a point. Those above are only looking after themselves.
We see this happen time and time again when those in less of a powerful position speak out against those with the power, but their voices are rarely considered.
I expect Councillor Butt will now claim Free Enterprise and Gillick can do what he likes with the building.
So much for Labour values.
Perhaps nationally we will see Labour in 6 months time loose swathes of local support, as they are not standing up for Labour Values.
What do Labour stand for anymore ?
All I can see now in Labour is jobs for the lucky few such as Gilbert on 200k a year, protection racket for those who have done wrong yes that is you Ms Davani and public assets at knock down prices then flogged for profit by the New owner, while the proletariat ie the working poor are thrown lies and broken promises.
Brent Labour group have a catalogue of errors on their management of Library sites.
The fact is you have to admire Mr Gillick's shrewdness and business acumen.
There is no doubt he will be walking away with a shed load of loot.
How do we invest in this guy?
The building would be worthless?
Would you wake up!
Planning was given because the scheme met the planning rules not because FKRL gave it the nod.
I'll let you get back to sleep.
Shame on Jodi and Meg more like.
Once they attacked the developer he was never going to gift a library to a group of people that could not keep any degree of civility.
Well at least Jodi and Meg wanted to retain the whole building and not gift it away like FKRL have now done.
Lost forever when opposing the development would have resulted in a very different outcome.
Yet again Jodi and Meg are being victimized.
Without planning permission the asset would be basically worthless.
I guess FKRL could not see that agreeing to planning application would significantly increase the value of the building.
Without planning permission an asset is only worth what a speculating developer might assume the risk could be if planning permission is granted.
Obviously Gillick paid substantially less than 1 million speculating he would be able to force through planning permission and the walk away with a nice tidy profit thank you very much.
Dont forget he was reported to have been an investment banker. Do you really believe an investment banker would follow through on the promises ? If he could then unload the potential risks onto someone else to worry about that is what investment bankers do!
They let everyone else take the risk but take the profit when it is available.
FKRL should have been wise to the fact since 2008 financial crisis !
11.21 Very sensitive men these property 'developers in my experience. That Rachman? Heart of gold he had. Van Hoogstraten? A diamond. Lady Porter? A real Lady in the true sense of the word.
Just know your place and keep a civil tongue in your head and and let their true nobility shine through.
Yes basically if FKRL had not supported planning permission I doubt a guide price now over over 1 million would have been achievable.
The building in its current state would have become a significant liability if planning permission had not been granted.
Therefore worthless unless you are a speculator wanting to profit as Gillick is just now doing.
There's nothing unique about Andrew Gillick's cashing in - it's common for developers to sell on once planning permission granted. With London's property-price inflation continuing apace, it's a nice little unearned-income source.
Shame on the Lib Dems for their cuts
The building wouldn't be worthless if planning permission for flats in it had not been granted, but it's certainly worth a lot more with the granting of such permission. However, on the matter of FKRL's part in Andrew Gillick's successful planning application: Andrew Gillick's planning application relied on community consent for the D1 space - upon which, it could be argued, the rest of his planning application hinged - and since FKRL was the group with the biggest profile in the community (campaigning for a library in the KR library building), a strong argument could be made that once FKRL accepted Gillick's offer - of about two-thirds of the ground floor from which to operate a library - then the passing of the rest of his planning application by Brent's planning committee was a relative formality.
I understand how badly FKRL must be smarting from Andrew Gillick's betrayal of its trust - learning, via the council, of his intention to cash in his chips, which is what appears to have happened, can only have made matters worse - but to blame others for his treachery is ludicrous. He's a developer, after a fast buck. Why did anyone ever think he had any other interest than making money out of the library building?
It is looking unlikely someone would go to auction and pay a million to create a library?
Is it more likely to be a rich person who wants to do a small development and use the community space for a religion or some cause cause to their heart?
Maybe Jewish, Muslim centre or Scientology? Is Tom Cruise in town?
Unless FKRL can ramp up the fundraising or find a benefactor?
How long have FKRL known the library was coming to the market?
Funny how everyone blames cuts.
Brent Council could easily have negotiated the same deal as Gimmick sorry Gillick got with All Souls. Brent Council could have easily agreed split proceeds with All Souls with a smaller library space in the package.
Brent Council chose to wipe their hands, rather than find solutions to problems.
Sadly our Councillors and MP's rarely think for themselves.
Shame on FKRL and every politician - Labour, LibDem and Tory. We have been well and truly sold down the river.
'How long have FKRL known the library was coming to the market?' is a question I, too, have been asking. Given that the auction is to be held in just over two weeks time - 17 December - I believe the start-date of the initial 6-week moratorium for an ACV bid by a 'community' group would be 5 November. If that's the case, FKRL seem remarkably calm about apparently only having just heard of Gillick's intention to flog off the property. The first the group appear to have informed its followers was at 23.45 hrs on 28 November - in its 'announcements' mailout of its flat, legalistic November update. This was posted the following morning on its Facebook page.
What's curious about the update is that not a glimmer of anger is expressed, suggesting the group had known for a while about Gillick selling them out - the mail-out also states that FKRL has already put in a bid for the D1 space.
The council received notification of Andrew Gillick's intention to sell on 13 November, and informed FKRL thereafter. The initial moratorium period, in which community interest groups can request in writing to the Council that they be treated as a potential bidder in relation to the land, runs from 13th November 2014 and ends at 11.59pm on 24th December 2014 ( 6 weeks beginning with the date on which the Council received the notice from the owner). Any such notification from community interest groups received by the Council will be forwarded to the owner of the land.
It's unclear whether FKRL's bid for the D1 space will trigger a moratorium on the sale of the building, as that's a minuscule portion of the land.
I number of us could see this coming and yet FKRL failed to respond.
Sad but so very true.
RIP the old library : neither the twain shall meet.
Trying to blame Jodi and Meg for Andrew Gillick's - frankly, predictable - rapacious behaviour does FKRL and it supporters no good. To the contrary. A nasty attempt at a slur, and an unwillingness to accept that FKRL got it wrong with Gillick. Btw: does the group have an update on the progress of the CPS investigation into the fake emails posted in support of Mr Gillick's original planning application? At the time the matter came to light, FKRL was, rightly, furious.
It seems that the council received Andrew Gillick's notice of his intention to sell KRL on 13 November 2014, and duly advised FKRL of this by letter, also publishing a public notice (anyone seen it?) outlining the ACV moratorium details:
- the initial 6-week ACV moratorium period, in which community interest groups can request in writing to the council that they be treated as potential bidders in relation to the land [ie the entire freehold], runs from 13 Nov - 24 Dec, ie, 6 weeks from the date the council received Gillick's notice of intention to sell. Any such notification from community interest groups received by the council will be forwarded to the owner;
- the full moratorium period, which will be triggered if a request from one or more community interest groups is received during the 6-week initial period, ends on 12 May 2015 (6 months from the date the council received Andrew Gillick's notice of intention to sell. If the full moratorium is triggered, the owner cannot dispose of the land during that period other than to a community interest group. If no such groups request that they be treated as potential bidders in the 6-week initial moratorium period, no full moratorium period applies and the owner is able to dispose of the land after the 6-week interim period to whomever he wishes.
That KRL is slated to be auctioned on 17 December, ie one week before the initial moratorium period expires, suggests there have to date been no potential bidders for the site. FKRL states that it has put in a bid on the D1 space, but that's unlikely to trigger the 6-week moratorium as the ACV listing is on the entire building/land, not on two-thirds of the ground floor, which is the space currently set aside for D1 use.
A 'bid' for the D1 space would not, I believe, trigger the initial 6-week ACV moratorium as its the entire building that's listed, not only the D1 space. It's clear from a (re-)reading of FKRL's update that it's placing a lot of faith in the S106 Gillick has signed with the council. S106s offer no guarantee of anything; they can be renegotiated, and the 2013 Growth and Infrastructure Act effectively encourages developers to challenge any existing agreements. And in the end, of course, the power over what happens to the D1 space rests with All Souls.
Correction: 'land' in last line above should have read 'building'.
Seems FKRL have been sitting on this for nearly a couple of weeks before doing anything.
Shame on them again
There will never be a library here again is my prediction!
No, moratorium is triggered by owners giving intention to dispose of building or part thereof, including sale of lease.
Stop saying this. The moratorium is triggered by sale of any part of an ACV listed building, leasehold or freehold.
Sadly I think you are probably on the money !
Doubt few people will now want to volunteer for FKRL as they have clearly sold out to the developer and will face another developer who will be even more unlikely to give much away.
Brent Council received notification on 13 November of Andrew Gillick's intention to cash in on his purchase of KRL, so questions emerge:
- when was FKRL told by the council of this move by the developer, and did it delay before sharing this information with its supporters two weeks later, on 27 November?
- even more importantly, why did the council fail to post a public notice advising of Mr Gillick's intent (also) until 27 November? Was the council in discussion with FKRL between 13 and 27 November? If so, was it agreed to delay public notification until 27 November?
- at what stage was All Souls College involved?
A two-week delay before the public, including supporters of FKRL, was informed of the developer's intention to sell knocks one-third off the 6-week initial ACV-moratorium bidding period. That clearly disadvantages any community interest groups that might wish to bid for the site, and surely breaches ACV regulations.
You're assuming that the three separate comments above were posted by the same person. I posted on 1 December 23.12, not at any other time. I would be grateful, however, for a copy of the relevant regs which confirm your statement that 'The moratorium is triggered by sale of any part of an ACV listed building, leasehold or freehold'. I have sought, but currently haven't found. Thanks in advance.
We don't need a library and never did.
I say to the new developer turn the whole thing into apartments. It suits the building better.
Some people here just want a free ride through life. Enjoying Jeremy Kyle and all the other day time TV.
As good old Jeremy would say GET OFF THE COUCH AND GET A JOB.
Fact is one person here made a wise investment, worked hard, took risk and is making a profit.
I say very good luck to him. He should have a great Christmas in Barbados.
What puzzled me is Auction scheduled before 6 week moratorium has expired.
Is this legal ?
LOL! Good attempt at satire. But it's undoubtedly true that the creation of the D1 space was clearly nothing more than a face-saving exercise by All Souls College who shamelessly chose not to re-revert the publicly funded library building to Brent Council.
Come back, Emily Thornberry, all is forgiven .........
Indeed. Almost certainly illegal - which might explain why the S106 agreement and other legal docs are 'temporarily unavailable' on Brent Council's planning portal
https://forms.brent.gov.uk/servlet/ep.ext?extId=101150&reference=115466&st=PL
and hasn't yet been uploaded by Gillick's lawyer on to the Allsop auctioneer's website.
No it would be an illegal sale and could be challenged with the titles office.
http://mycommunityrights.org.uk/wp-content/uploads/2012/04/Step-5-read-more.pdf
I just posted a link from Locality but computer went screwy so couldn't add a comment. It clearly says in the first para that the right to bid is triggered when the owner wishes to dispose of a freehold or a leasehold of at least 25 years.
Is this an April Fool, but someone forgot to tell Gillick and FKRL we are in Christmas month not Easter ?
... and there can be many leaseholds within one building so the question of whole/part of building is irrelevant
Yes, 17.18, that's understood now. Thanks.
It does Rather seem like à joke !
Merry Christmas from Father Gillick with Friends Kensal Rose Library handing out gifts of joy !
Singing .. Hark thé library no more .
The notice was in the local press last week and is also outside the library,
Maybe you don't see these things because you don't live in Kensal Rise?
And I wish you would stop spreading misinformation.
So why didn't FKRL listen to those who spoke out against the agreement ?
FKRL were not speaking on behalf of the community
I doubt Brent Council would but, as the local supervising agent of ACV lists, I assume Brent Council should immediately inform Mr Gillick they are aware the proposed building is listed in the forth coming Auction dated 17 December 2014. This would contravene the period of moratorium for the building to be offered at public auction and he would be prosecuted if he does not immediately request the listing to be suspended until at least after the expiration of the moratorium period.
Come on Fiona Ledden start showing us your are on Brent communities side for once and take action against Gillick
The public notice appeared in the local press on 27 November, the date at the bottom of the notice outside the library, and the day before FKRL informed its supporters of Gillick's intention to sell. Question: why didn't the notice appear in the local press on 20 November, one week after Brent received notification from Andrew Gillick of his intention to sell? And when was FKRL first informed of Mr Gillick's plan - also on 27 November, or earlier?
Breaking News ...
Santa is on his way and will wave his magic wand, turning the library building into a cummunity asset for all to enjoy, rather than the privilged few.
O but a dream.
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