UPDATED WITH VITAL INFORMATION: Changes to the Barham Park restricted covenant for payment of £200,000 goes ahead allowing the building of four 3 storey houses in the park

 

 Planning Committee  preliminaries and the section on the restrictive covenant.      (Video by Brent Council including  rather irritating facial focus. Captions by Wembley Matters)

At last night's Scrutiny Committee it was interesting to see Muhammed Butt, as chair of Barham Park Trustees sitting on the opposite side of the table to his brother Cllr Saqib Butt, a member of the Scrutiny Committee that was scrutinising the Trust's actions.

In the event, as the video shows, Cllr S. Butt, along with Cllr Dixon and Clr Maurice were excluded from the section of the meeting regarding the restrive covenant because they were members of the Planning Committee that had approved George Irvin's planning application to build four 3 storey houses in Barham Park. A decision that could only implemented by removal/amendment of the restrictive covenant, an action subsequentally approved by the Barham Park Trustees on payment of £200,000. Cllr S. Butt is vice chair of the Planning Committee. Legal officers felt that the three should not take part because of how a possibe conflict of interest could be perceived by the public.

Cllr Lorber declared an interest but continued to take part as a member of the Scrutiny Committee after being warned by legal officers that a complaint might be made about his participation.

Sorry if this is confusing, it is complicated, but Philip Grant's address to the Committee, read for him by former Labour councillor Gaynor Lloyd, sets out the issues:

The Report to the 24 February Trust Committee meeting states:

‘The restrictive covenants were imposed in August 2011 to preserve the area's character and limit development.’

Those aims are just as important now as they were in 2011.  Barham Park is one of Brent’s Historic Parks and Landscapes, a heritage asset which  the Council promised to protect.

The covenant does that by prohibiting ‘any development in or upon the Property’, which is inside the park and a Site of Importance for Nature Conservation. Planning Committee were misled into granting the development consent in 2023 and I’ll explain why if you ask, so the covenant is the last line of protection.

The Trust’s February decisions appear to mirror the Council’s Property Strategy, which Cabinet approved last year. They do not reflect the charitable aims of the Trust, or the wishes of residents who are meant to be its beneficiaries.

The Charity Commission recommended local people should have a voice in the Trust’s decisions, and two years ago I suggested to Debra Norman how this could be achieved. My idea was ignored in the Governance review later that year, and the Chair refused to allow my suggestion to be heard by the Trust Committee in September 2023.

Other residents and councillors have also had requests to speak refused. Brent Council is the sole Trustee, and as the Trust Committee are not acting in the Trust’s best interests, I would ask you, please, to refer the matter back for further consideration.

When officers were challenged by Paul Lorber to publish Charity Commission advice on the covenant removal they referred to Commission's inquiries after a complaint from a member of the public. They had sent a response and the Commission was satisfied with the Trust's processes.  They appeared to be referring to the letter published on Wembley Matters  where the Commission said they were taking not further action 'at this time' but would keep the complaint on file in case there were other concerns in the future. LINK.

The detailed discussion included much confusion, particularly over whether the proposed development was car/garage free or not and comments made by the Planning Legal Officer that statements could have been drafted more clearly, can be heard in the video.

The final decision, made by the the Scrutiny Committee's three members left standing - Cllr Long, Mitchell and Malloy, plus Chair Cllr Daniel Kennelly voted NOT to refer the matters covered in the Call-in back to the decision maker, Barham Park Trust, or Full Council. Cllr Lorber voted to refer it back.

The decision took immediate effect so the changes to the restricted covenant and its purchase goes ahead and the four houses will be built.

 

 UPDATE WITH COMMENT FROM PAUL LORBER

 This comment was too long for the normal comment word limit so published here instead: 

Anne Wade (comment below the article) explains very clearly how important Barham Park is to local people and why it is important to keep up the fight to preserve it for the benefit of local people and not of private developers or Councillors who simply do not care.

If the Labour Councillors who act as Trustees or Council Officers managed the affairs of the Barham Park Trust ( a charity) effectively there would be no issues and no need to carry out any Scrutiny.

As I have pointed out for some time (and Wembley Matters has covered my concerns) the Barham Park Trust is managed very badly by both the Labour Trustees and by Brent Council Officers. I will give you some examples:

1. When Labour closed the Public Library in Barham Park they brought in a tenant who took over the Library space and most of the rest of the building. The Council claimed that dealing with just one tenant would make things simpler.

Over a number of years that tenant failed to pay their rent and built up arrears of over £60,000. A large amount is still outstanding today - this has cost the Council/Trust thousands of pounds in lost interest.

2. Most tenants occupying the building have Leases which state their rent and the service charges. The rents are subject to regular reviews. Council Officers working on behalf of the Trust failed to carry out rent reviews (until I pointed it out to them) and failed to charge service charges. This has cost the trust many thousands of pounds.

 

3. The Trust was persuaded to employ consultants at a cost of over £20,000 to undertake a major feasibility study to upgrade the buildings to generate commercial rents. The proposal is to replace the space occupied by long standing community organisations with Hotel Rooms and Shops. The Trust was told that a Silver Option would cost £3,162,000 and the Labour Trustees gave this a go ahead. While the consultants said that to deliver this option would require 'vacant possession' NO one bothered to ask when vacant possession could be achieved. As  the Barham Community Library lease does not expire until October 2031 and much can change in 7 years this was a pointless exercise.

 

BUT it gets worse. Having told the trustees that the Council and not the Charity would pay the £20,000 consultancy fee - they charged the £20,000 to the Charity anyway "because the Council had no authority to pay it". Yet it is the same Councillors and same Officers who advise and make decisions for the Trust and for the Council.

 

AND to top it all - 2 years after the £20,000 was spent on the consultants and the Trustees accepted the £3 million option it turns out that the £3,162,000 cost is exclusive of VAT and that the  Barham Park Trust would have to cough up over £600,000 in VAT extra on top if the daft project was proceeded with.

I could go on listing a catalogue of disasters inflicted on the Barham Park Trust as a result of poor management and poor  oversight by the Trustees but I will save that for another day.

I will however say something about the saga of the Covenant.

The first point to make is that it was put in place to prevent further building work in the Park. It was part of the deal with George Irvin and he knew full well what the restrictions were when he bought the two existing houses. That was it - NO more!

If he does not like it he could always sell the two houses back to the Council - after all the Council has two Companies specifically buying up properties in the open market and there is nothing to stop the purchase of these two with the restrictive covenant in place.

The Council has now been dealing with the Covenant issue for 4 years. Council officers have spent vast amount of their time on this. Their time has not been costed but it won't be cheap and is met by Council Taxpayers and not by George Irvin.

Almost two years ago Council Officers advised the Trustees that it is normal for the development gain arising from varying the Covenant to be split on a 50/50 basis. The Trustees agreed to proceed on the basis of this advice.

The Trustees were presented with a 'revised' (it is not clear why it was revised) valuation showing the Development Gain/Profit that would arise after all the demolition, rebuilding and other costs at their meeting in February 2025. They have decided to keep the valuation and the figures confidential from the eyes of the public.

Members of the Scrutiny Committee were provided with a copy of the valuation a few days before the Scrutiny Meeting.

At the Scrutiny meeting I challenged Councillor Butt, Chair of the Trustees and Councillor Officers about the 50/50 advice and why the Trustees (all members of the Labour Cabinet) were prepared to accept a gross payment of £200,000 when this was a very long way from a 50/50 split. While I cannot disclose the exact figures I can say that my intervention at the Scrutiny Meeting was because the difference is MASSIVE! - and it is the Barham Park Charity which is the big loser.

On a final point it is important to stress that the £200,000 selling price is the 'gross' amount before expenses of the valuation and much more. The Trust will therefore benefit by much less than £200,000 although through another 'oversight' this is not mentioned in the Trustee Meetings either.

I (and others) have now been challenging Brent Council about the mismanagement of the Barham Park Trust and the neglect of Barham Park since at least 2011 (the year they closed Barham Park Library). Vast amount of money has been wasted on mismanagement and pointless consultants reports.

I am sorry to say that Barham Park is not safe in the hands of Brent Council or its self appointed group of Labour Councillors as Trustees.

It came as no surprise that the Labour Councillors on the Scrutiny Committee voted on block in support of their Leader.

There is however only so much that can be covered up. Watch this space.