Brent Council challenged on apparent attempt to restrict public information on the Barham Park restrictive covenant

 

The elephant in the room at the Planning Committee that approved George Irvin's planning application to build 4 three storey houses in Barham Park was the restrictive covenant on the two small park workers' houses on the site.

'Not a planning issue' residents were told by officers as they consigned the poor elephant to invisibility.

Perhaps not but the elephant was perhaps a fly in George Irvin's or Muhammed Butt's ointment.

Now a Barham Park Strategic Property Review, including the covenant, is to take place with Muhammed Butt heading it up as Leader of Brent Council. He is also Chair of the Barham park Trustees charged with preserving and enhancing the park for the benefit of residents in the spirit of the Titus Barham bequest. 

Unfortunately residents who hoped to see the elephant properly dealt with in an open and accountable manner may be kept in the dark as a restriction has been placed on publication and thus public discussion of any proposal:

Barham Park Strategic Property Review

By virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

Explanation of Reasons

• By Virtue of Paragraph 3

  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

  Condition:

  Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under-(a)the Companies Acts (as defined in section 2 of the Companies Act 2006); (b)the Friendly Societies Act 1974; (c)the Friendly Societies Act 1992; (d)the Industrial and Provident Societies Acts 1965 to 1978; (e)the Building Societies Act 1986; or (f)the Charities Act 1993

  Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992

  Information which-(a)falls within any of paragraphs 1 to 7 above; and (b)is not prevented from being exempt by virtue of paragraph 8 or 9 above, is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information

Cllr Paul Lorber is challening the claim in the restriction that:

....the public interest in maintaining the exemption outweighs the public interest in disclosing the information

In a letter to Brent Council officers he says:

I note the latest Forward Plan mentions a number of Reports coming to the above meeting including on issues of the Covenant, Architects Report and Governance.

There is a suggestion that some of the information may be exempt and not provided in the public reports. 

As you are aware there is a great deal of public interest and concern in relation to these matters. 

In relation to all the matters to be reported on it is clear that the Public Interest in disclosing the information outweighs any public interest in maintains the exemption.

In view of this I trust that you will ensure that all information is published in full in all the reports to be presented to the meeting (including any information & advice given in pre meetings) on which any recommendations or decisions will be based.

If any information is to be withheld please provide a list of this information and the grounds on which it is withheld and the justification why the public interest withholding it outweighs the public interest in disclosing it. 

Please confirm that this will be done.