tag:blogger.com,1999:blog-2129943063330427887.post2198115039660265631..comments2024-03-28T19:20:52.408+00:00Comments on WEMBLEY MATTERS: Brent's legal flip-flopping over Kensal Rise Library planning applicationUnknownnoreply@blogger.comBlogger17125tag:blogger.com,1999:blog-2129943063330427887.post-54538257568657297772014-07-25T14:05:38.822+01:002014-07-25T14:05:38.822+01:00A reminder that anyone intending to write to the S...A reminder that anyone intending to write to the Secretary of State requesting call-in of the application/planning consent should do so as soon as possible before permission granted for the scheme. Useful advice on the letter can be found in this link:<br /><br />http://www.planninghelp.org.uk/planning-explained/planning-applications/call-ins/how-to-request-a-call-in/letter-advice<br /><br />The KRL application/overriding of ACV bidding period could yet make case-law on the Community Right to Bid. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-88646320157367974162014-07-24T21:58:23.431+01:002014-07-24T21:58:23.431+01:00If Brent legal and its independent counsel got the...If Brent legal and its independent counsel got the bidding period wrong - if indeed they ever considered it - a compulsory purchase of the building is the only responsible way forward. Local residents deserve nothing less. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-7631027356055039392014-07-24T10:21:26.028+01:002014-07-24T10:21:26.028+01:00Well done Meg.
Sadly if FKRL had stood up for ACV...Well done Meg.<br /><br />Sadly if FKRL had stood up for ACV we would not have to refer this matter to Secretary of State.<br /><br />FKRL should not now be the preferred tenant if Secretary of State eventually rules the sale contract was illegal.<br /><br />It will be interesting in the run up to 2015 election which way Secretary of State will jump.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-79334854483045856252014-07-23T20:31:30.939+01:002014-07-23T20:31:30.939+01:00I've written to Brent's planning officers ...I've written to Brent's planning officers for clarification re the assertion, 22 July 15.46 above, that 'Binding Agreement to sell carries same legal weight as sale for purposes of exemption to ACV listing'. <br /><br />As commentator today, 13.23, notes - 'Binding Agreement to sell' was actually an Option Agreement to Purchase, suggesting 15.46 isn't familiar with the Option Agreement, or trying to mislead readers.<br /><br />I agree with 17.06 above - the only way to clarify ACV is for a review of the Kensal Rise Library decision, and the Community Right to Bid legislation. This is new legislation and needs to be subjected to case-review. <br />Meg Howarthnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-47726836685113686272014-07-23T17:45:17.613+01:002014-07-23T17:45:17.613+01:00Yes fully agree, All Souls is not the saintly soul...Yes fully agree, All Souls is not the saintly soul you would expect.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-13468348049563381522014-07-23T17:10:01.503+01:002014-07-23T17:10:01.503+01:00Seems like All Souls were trying speed up process ...Seems like All Souls were trying speed up process of sale rather than following ACV and at the time should have immediately accepting the need to Holt sale.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-83363682194614498352014-07-23T17:06:53.914+01:002014-07-23T17:06:53.914+01:00The only way to clarify ACV is for those in govern...The only way to clarify ACV is for those in government who passed the Bill to review this matter by way of Secretary of State.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-36169322693770263272014-07-23T13:23:01.418+01:002014-07-23T13:23:01.418+01:00Curious wording, Anonymous 15.46 'Binding Agre...Curious wording, Anonymous 15.46 'Binding Agreement to sell' was actually an Option Agreement to Purchase. Just saying.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-13552339905117181552014-07-23T10:47:51.368+01:002014-07-23T10:47:51.368+01:00Yes, 15.46, please cite the appropriate legislatio...Yes, 15.46, please cite the appropriate legislation. This is a citizens' blog. An unsubstantiated assertion proves nothing.<br /><br />Agree, also, 18.45 above - either Brent's planners/legal advised Andrew Gillick's spokesman about the change from 'preferred' to 'actual' tenant, or they didn't. Here's the announcement that appeared on FKRL's Facebook page on 16 July: <br /><br />'Mandip Sahota, associate planner for the developer, stated:<br /><br />"Further to advice provided by the LPA in respect of the Assets of Community Value Regulations 2012, I am pleased to advise that the applicant has today confirmed that he is naming FKRL as the 'actual' tenant, as opposed to his 'preferred' tenant, subject of course to lease negotiations, management plan etc being satisfactory". <br /><br />Did Mr Sahota make a mistake? I must say, that seems most unlikely to me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-37406912991921931322014-07-22T18:50:48.373+01:002014-07-22T18:50:48.373+01:00Anonymous 15.46 above - do you have link to approp...Anonymous 15.46 above - do you have link to appropriate legal regulation re Option Agreement and sale contract being of equal weight for purposes of ACV exemption? Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-54792139461071492042014-07-22T18:45:25.276+01:002014-07-22T18:45:25.276+01:00'Interested parties'? Planning is supposed...'Interested parties'? Planning is supposed to be disinterested yet Andrew Gillick's spox stated ''Further to advice provided by the LPA' (Local Planning Authority). How then do you explain that? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-3457062804005290052014-07-22T17:18:28.735+01:002014-07-22T17:18:28.735+01:00If eventually in the case of both Kensal Rise and ...If eventually in the case of both Kensal Rise and Barham Park Council Officers have not followed correct procedure, "heads should roll"<br /><br />This also include no "golden goodbye."<br /><br />Fiona Ledden should be on that list as she was due to say goodbye, but was saved at the last minute. Richard Barrett was also on the list but was given a reprieve.<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-89844230839473803832014-07-22T15:46:42.654+01:002014-07-22T15:46:42.654+01:00Binding Agreement to sell carries same legal weigh...Binding Agreement to sell carries same legal weight as sale for purposes of exemption to ACV listing.<br />Brent planners had nothing to do with change of tenancy from 'preferred' to actual'. Not a planning consideration but an agreement between interested parties.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-15590219968954843352014-07-22T15:38:19.009+01:002014-07-22T15:38:19.009+01:00I'm also drafting a submission to Secretary of...I'm also drafting a submission to Secretary of State.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-78827663150747136882014-07-22T09:59:27.177+01:002014-07-22T09:59:27.177+01:00Regulation 21 makes it clear that the disposal of ...Regulation 21 makes it clear that the disposal of an ACV without complying with procedure will be ineffective, save for where the owner making the disposal can demonstrate that it made all reasonable efforts to identify whether the land was listed. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-7321995088595655652014-07-22T09:53:10.398+01:002014-07-22T09:53:10.398+01:00If the premises was sold after the date of ACV lis...If the premises was sold after the date of ACV listing then there has been a breach of legislation. A moratorium of 6 months should have been invoked. The freeholder should have informed the local authority, who should have informed the nominating group to ascertain if they wanted to bid. The group has 6 weeks to decide. <br /><br />This should have stopped the sale until the 6 weeks, and then 6 months were up if the group wanted to put together a bid. <br /><br />So somebody has breached legislation and it should be Brent Council who should consider why one of their assets was not protected as consistent with the law. <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2129943063330427887.post-55900451122804333612014-07-22T09:38:54.073+01:002014-07-22T09:38:54.073+01:00Fully support Seretary of State intervention as it...Fully support Seretary of State intervention as it is the only way this matter can be put to bed one way or another.<br /><br />Currently drafting my own submission and suggest others do the same.<br /><br />We can have community assets given protection and the at whim have them sold to developers to make private profit.Anonymousnoreply@blogger.com