BREAKING: Barham Park Trustees' £200,000 deal with George Irvin to enable him to build four 3 storey houses in Barham Park

 

The houses proposed for Barham Park

 

The long-running campaign by local residents in Sudbury to resist the building of houses  in Barham Park will come to a head at the Barham Park Trust Committee on February 24th 2025.

 A deal with funfair and property developer George Irvin will see him pay the Trust £200,000 for removal of the covenant that prevented building of four 3 storey houses on the site presently occupied by two modest 2 storey cottages at 776-778 Harrow Road.

The deal also involves vehicular access into the park and eretion of other facilities. Details are below:

 Recommendations:

The Barham Park Trust Committee RESOLVES to

2.1 Approve the modification of the restrictive covenants at 776 and 778 Harrow Road, as detailed in paragraphs 3.8-3.11 and delegate authority to the Director of Property and Assets to execute a deed with Zenaster Properties Ltd for the agreed sum of £200,000, subject to 2.2 below.

2.2 If required, approve seeking Charity Commission consideration of the Qualified Surveyor’s Report (Appendix 1) and authorisation under Section 105 of the Charities Act to modify or discharge the covenants.

 

Existing Covenants (extract from single plot):

 

*Not to use the Property otherwise than as a single private dwelling house and the garage for any purpose other than as an ancillary private garage.

*Not to divide the Property into two or more dwellings or residential units.

*Not to erect or cause to be erected on the Property any building or structure whatsoever except a greenhouse or shed of not greater length than 4 meters (sic) and of not greater height than 3 meters (sic) or permit or suffer any person under the Transferor’s control to do so.

*Not to stand or support any vehicle, commercial vehicle trailer, mobile home, caravan, trailer, cart or boat on any part of the Property.

*Not to carry out any development within the meaning of Section 55 of the Town and Country Planning Act 1990 in or upon the Property.

* Not to park any motor vehicle on or otherwise obstruct any part of the accessway hatched yellow and hatched green or any part of the Retained Land at any time.

 

Proposed Modification (combined plots):

 

3.9 The deed (to be prepared in accordance with the planning committee report dated 12 June 2023 and decision notice dated 13 June 2023—see Appendices 3 and 4) will amend these covenants to permit the development of four houses.

3.10 A revised version of the restrictive covenants that would enable the proposed redevelopment in accordance with the granted planning permission is set out below and may be subject to further refinement.

 

Permitted Use:

 

*The Property may be used for residential purposes, permitting the construction and occupation of up to four residential dwellings, together with any ancillary buildings, structures, and facilities required for their use in accordance with the planning permission granted under reference 22/4128.

 

 From Application 22/4128

 

Subdivision of the Property:

 

*The restriction on dividing the Property into multiple dwellings is removed, approved under planning permission 22/4128.

 

Construction of Buildings and Structures:

 

*The restriction on erecting buildings or structures is modified to permit the construction of four residential dwellings and any associated infrastructure, including garages, outbuildings, and landscaping, in accordance with planning permission 22/4128.

 

Vehicle and Storage Restrictions:

 

* The restriction on standing or supporting vehicles, commercial vehicle trailers, mobile homes, caravans, trailers, carts, or boats on the Property is modified to permit reasonable residential use, including the parking of vehicles by residents and visitors in designated parking areas as approved under planning permission 22/4128.

 

Permitted Development:

 

*The restriction on carrying out development within the meaning of Section 55 of the Town and Country Planning Act 1990 is removed to allow the construction and occupation of four residential dwellings in accordance with planning permission 22/4128.

 

Accessway and Parking Restrictions:

 

*The restriction on parking and obstruction of the accessway hatched yellow and hatched green or any part of the Retained Land is modified to allow vehicular and pedestrian access as required for the lawful residential use of the Property, ensuring that any access arrangements comply with planning permission 22/4128 and any subsequent highway or planning authority requirements.

 

3.11 These modifications preserve reasonable protections while enabling the approved redevelopment. The precise wording of the changes may be further refined or amended during the legal conveyancing process.

 

Timeline

 

3.12 The overall timeline for these steps is expected to span several months. Suppose the Trust Committee approves the restrictive covenants’ modification and/or discharge. In that case, completion may be subject to obtaining Charity Commission approval, if required, and the conclusion of legal formalities by the parties. This includes Zenaster applying to the Land Registry to register the Deed and effect the necessary changes.

 

3.13 The modification or discharge of the restrictive covenants is subject to the satisfactory reinstatement of the boundary in respect of 776 and 778 Harrow Road and return of the Barham Park Trust land to open space as agreed by way of surveyor’s aerial plan signed by George Irvin on behalf of Zenaster on 28th August 2024.

 

Zenastar Properties Ltd (previously Aventor) business is listed as

•      Buying and selling of own real estate
• Other letting and operating of own or leased real estate
• Management of real estate on a fee or contract basis  
  

Retained profits at January 2024: £3,781,976

Current officers

Campaigners will be looking for grounds on which to challenge to covenant deal. The report to Trustees discusses the role of the Charity Commission:

Compliance with the Charities Act 2011

 

3.4 The two key legal requirements under the Charities Act for land disposal have also been met:

 

*Independent advice: A report has been obtained from a qualified Designated Adviser acting solely in the interests of the Trust.

*Best terms achieved: The proposed transaction represents the best

financial terms reasonably obtainable by the Trust.

 

Requirement for Charity Commission Approval

 

3.5 Under the Charities Act 2011, charities do not typically require prior Charity Commission approval for land disposals where the two legal requirements above are satisfied. However, approval may be required in specific circumstances, including:

 

*Disposals to a "connected person" (as defined in the Charities Act).

*Disposals involving designated land in most cases

 The last two points regarding 'specific circumstances' may be considered grounds for challenge given previous allegations of a close relationship between Muhammed Butt, Chair of the Trustees and  George Irvin, Director of Zenastar, and argumets over designated land.

Why Barham Park Matters - paper ahead of tonight's Scrutiny Meeting

 

Ahead of tonight's Call-in at Scrutiny Committee, Cllr Paul Lorber has provided a background paper for members of the Committee. The meeting can be attended in person or on-line HERE:

Where is the pond and viewing platform in Barham Park?

 

I ask this question for a good reason.

 

Over the past 12 years or so various Trustees (Brent Councillors) have taken officer advice and spent large sums of money – in each case well over £10,000 – on Consultants “Visions” and condition surveys into Barham Park.

 

Over 10 years ago officers proudly presented one of these visions with a Pond and a viewing platform in one of these expensive documents. The drawing showing this were quite appealing, and the Trustees approved this plan.

 

THERE IS NO POND AND NO VIEWING PLATFORM!

 

Subsequent reports highlighted the condition of the Barham Buildings and stressed the need to carry out works. These works were all costed, and a program timeline was produced. Much was to be done over the next 3 year. In reality very little was actually done to protect and preserve the exterior of the buildings. The outside has not been painted for at least 15 years.

 

Why – there is no Champion for Barham Park within the Trustees or the Officer Team. Barham Park is not a priority – it is a nuisance to be brushed under the carpet.

 

This LINK link takes you to pictures highlighting current disrepair and neglect in Barham Park.

 

Those of us who care for Barham Park want the time wasting and the neglect to stop.

 

BACKGROUND – WHY DOES IT MATTER

 

Once upon a time the whole of Sudbury was part of the Sudbury Common which stretched from long way down in Wembley all the way to Harrow on the Hill. 

 

An Archbishop Canterbury was the Lord of the Manor of much of the land here a few hundreds of years ago.

 

The oldest part of the buildings in Barham Park dates back to between 1760 and 1780 (say 250 years ago).

 

In 1801 John Copland – a Purser (Accountant/Officer Manager) – on Royal Navy Ships who once served on one of Lord Horacio Nelson’s vessels at the 1805 battle of the Nile bough Crabs House in what is now Barham Park.

 

He prospered over the years and acquired more land so that by the time of his death in 1843 he owned over 350 acres of land which stretched from The Triangle in Wembley all the way to bottom of Harrow on the Hill. He built a new house on his land called Sudbury Lodge. John Copland bought a crypt in the newly opened Kensal Green Cemetery where he is buried.

 

His only son also joined the Royal Navy too but died very young. John Copland was survived by two daughters. They never married and became great local benefactors paying for the building of St John’s Church, a cottage hospital. School rooms and much more – even a small reference library.

 

On their death in early 1870s General Robert Fitzgerald Crawford took over on condition he changed his name to Crawford-Copland. His two sons played football for Scotland in the very first official game against England.

 

On his passing in 1895 the land was acquired by George Barham the owner of Express Dairies. Most of the land in Sudbury was still farmland, with the area opposite (Chaplin Road/Farm Avenue) a large farm. Sir George as he became later is famous for building up the Express Dairy Company and also for cleaning up the milk industry.

 

On his death n 1913 his two sons took over, but it was the older one also George – but always known as Titus – who lived here and developed his home and gardens. He too was a major benefactor and was involved in almost everything that went on locally. He donated part of his farmland for the site of Wembley Hospital (subject to new plans shortly), he contributed to the local Tennis Club, Barham Primary Scholl stands on his land and much more.

 

In 1937 when Wembley received its Charter to become a Borough he was due to become Wembley’s Charter Mayor. Sadly, he died on the very day this was due to be celebrated.

 

Anticipating death, he had the good vision to enter into agreement with the new Wembley Council to accept the gift of his home and gardens for the “enjoyment of the public”. He was a modest man and did not want any fuss. There is no statue of him and until recently he is remembered by the existence of Barham Park, Barham Primary School, Barham Close and Barham Court.

 

His portrait hands in the Brent Museum which was in fact created in 1965 with many of his gifted possessions as the initial core of the collection – including a coat of armour.

 

A few months ago, volunteers from Friends of Barham Park organised a public collection and erected a Blue Plaque in his memory.

 

DOES HISTORY MATTER?

 

For some the Barham buildings are just an old pile of bricks and even a nuisance. For the lovers of Barham Park, they are however much more. They tell a story of local people who made a contribution to our community.

 

This is why some of us despair at the neglect, and the waste of money and opportunities to improve things.

 

WHAT ARE THE BARHAM PARK BUILDINGS FOR?

 

One part is occupied by Barham Veterans Club formed in 1947 by Wembley and Middlesex County Council to provide a place for elderly men to socialise as part of tackling loneliness. In the early days the Club paid no rent and received a generous grant from the Council. The grant was stopped many years ago and the Club is charged rent and service charges.

 

Officer let the lease lapse and now recommend a new lease on market value terms for a short period of time until 2031. The Bronze drawings do not show the Barham Veterans Club so presumably the idea or expectations is that it will not exist beyond 2031.

 

The wooden building (former Card Room) is occupied by Tamu Samaj UK and ex Gurkha Nepalese Group. They run a wide range of activities for their members of all ages and also hire out the space to other small groups.

 

Their Lease has just expired, and they also face a short lease at market rent.

 

The Public Library was closed by the Labour Administration in 2011. Friends of Barham Library opened a Community Library in another part. The library acts as a hub for many community activities, knitting, art, book club groups. Yoga and Pilates and many others and most importantly is the home of the Memory Lounge – a growing group providing activities, support and advice for people with dementia and their carers.

 

The Bronze option drawing approved by the Trustees have wiped the library from existence. The children library would be a shop and the rest of the space is a bit unclear.

 

The former Children Centre closed many years ago. The Lease is between the Barham Park Trust and the Council, and the Council is desperate to keep up the pretence of ‘children centre’ use to avoid clawback of Sure Start Grant.

 

The rest of the building is leased to ACAVA – an out of Brent organisation who converted their space into 29 smaller units which they let to artists – most of whom are also outside of Brent.

 

When this decision was made in 2013 Officers and Councillors were convinced that this would benefit the local area. Current Councillors can judge this for themselves. The artists contribute very little to Brent art, they are not local and most if not all of the rent owed (over £60,000 according to recent reports) is owed by ACAVA.

 

HERE WE ARE TODAY

 

After tens of thousands of pounds spent on surveys and consultants most of whose reports collect dust in some forgotten draw and the pictures tell their own story.

Opportunities to extract large sums of money from the heritage Lottery Fund and others have been missed.

The buildings are neglected.

Community Groups who provide local services to local people face the threat of being kicked out as consultants think and Brent Officers and Trustees concur with this – that shops or hotel rooms that no one asked for and the area does not need are more important than a Community Library, a Club for elderly residents and a base for a group of loyal and hard working ex Gurkhas – without whom the annual Remembrance March would be rather short of any marchers!

2^nd CHANCE TO SET A BETTER DIRECTION

Decisions by Barham Park Trustees were called in last year. They have been called in again this time.

The Barham Park Trust 2022/23 Accounts were challenged and had to be withdrawn for corrections. Officers persuaded you that nothing was wrong. A year later the 2023/24 Accounts were withdrawn right at the beginning of the Barham Park Trust Meeting.

To get it wrong once is unfortunate. To get it wrong the 2^nd time should set the ALARM bells ringing.

The accounts are wrong and misleading. The way the Barham Trust is managed is wrong and very damaging. Wrong Accounts and misleading information lead to wrong and bad decisions.

If there is any point to Scrutiny than the Members of Scrutiny need to take their responsibilities seriously and grab an opportunity to challenge the poor decisions and poor actions for the sake of ensuring a future for the Barham Park Charity and Barham Park and its buildings.

WHAT YOU SHOULD DO?

Ask your self a few simple questions:

If Barham Park was YOUR home and gardens and you depended on it being well managed, would you:

1.     Waste tens of thousands of pounds on surveys and consultants reports which collect dust and cannot and will not ever be implemented?

2.     Ignore legal agreements (Leases) and not bother to revise rents when due?

3.     Allow the building up of rental debt of over £60,000?

4.     Fail to charge interest on the rent debt in line with the Lease terms?

5.     Spend over £20,000 on consultants’ fees on proposals which you could not start working on for 8 years and which are at major risk of economic and other factors?

6.     Allow your subordinates not to recharge costs that you have incurred without being informed and without your agreement?

7.     Spend large sums of money on valuations and legal fees without knowing what you might get in return?

If your answer to any of these questions is NO than you agree that something is badly wrong, and change is needed.

As a starting point you will then agree with the grounds for the Call-in and agree to refer the decisions back to the Barham Park Trust with clear instructions  that all the issues raised are fully investigated and honest and full answers provided to enable the Trustees to make decisions based on facts, that meet their fiduciary duties to the Barham Park Charity and which meet the expectations of and wishes of Titus Barham who gifted his Home and Gardens for everyone’s enjoyment.

Barham Park Trust Committee moves to revise charitable purposes to allow for income boosting activities

 

Barham Park Studios - ACAVA

 

The Barham Park Trust Committee (made up solely of Brent Labour Cabinet Members) will approach the Charity Commission to widen the Trust's purposes. A report to the Committee that meets on Tuesday September 10th LINK  states:

The Trust's charitable purposes, primarily to serve public recreation, restrict broader activities that can generate revenue, limiting potential income.

Earlier proposals for the park buildings that included a boutique hotel and a small supermarket aroused local opposition as did the building of four houses on the site inside the park, currently occupied by two park workers' houses.

The Trust has realised that it cannot get full vacant possesion of the park properties, let to voluntary groups, until 2031 so is opting for a new strategy. This involves introducing service charges for all current occupants of the buildings, revising rents and leases and adopting a tougher approach to those in debt to the council:

Discussions are ongoing to establish a repayment plan with tenants who have fallen into arrears. However, the Trust Committee should be aware that proactive measures, including forfeiture or legal action, may be necessary for tenants who fail to comply with payment plans or do not settle their arrears. The delegated officer (Director of Property and Assets) will actively enforce contractual obligations. The total debt is approximately £62,3551 as of Q2 2024/25 financial year.

Given that Trust income is insufficient to carry out the necessary maintenance of the site one wonders why the arrears have been allowed to mount to this level. One debtor owed £44,500 so Brent Council gave the Trust this sum as a cash advance to aid the Trusts' cash flow position. The council is paying the Trust interest on the advance...

Two lease renewals are due and Brent Council will issue Section 25 notices (See our recent story on Brent Property Strategy LINK)

Lease Renewals for Unit 1 (Tamu Samaj UK), Unit 2 (Veterans’ Club

(Wembley), and Unit 8 (Brent Council - Children Centre)

Tenants currently occupying these units on expired leases are to be offered the opportunity to renew their leases. Officers will commission independent valuations and issue Section 25 notices to ensure lease renewals occur within statutory time limits, with independent valuations guiding negotiations. These renewals will align with strategic objectives, ensuring leases terminate before the anticipated redevelopment in 2031. They will include appropriate breakclauses and exclusion from the Landlord and Tenant Act 1954 to obtain vacant possession at the proper time.

Whether the current occupants will be able to afford the new rates remains to be seen.

 The Officers' Report states:

The recommendation is that the Trust Committee defers the investment options proposed by RLB [boutique hotel etc] until vacant possession of the whole building can be acquired in 2031 (due to existing fixed-term leases with the longest one expiring in October 2031) at the latest and seeks to implement the vision in a phased approach, starting with regularising leases, carrying out urgent repairs and, subject to Charity Commission approval, expanding the permitted uses to attract a broader range of tenants to improve cash flow. This phased and incremental investment approach addresses immediate concerns and sets the stage for sustainable long-term growth and success. It is the most responsible, pragmatic and strategic path forward for the future vision of Barham Park.

Clearly there is much that the public and current occupants of the buildings would like to question but such contributions have been barely tolerated recently.  Most importantly, do the Brent public support the moves to change the charity purpose to allow for more development, probably commercial, to boost income? 

Will they be asked their views?

 

 

Community bulb planting at Barham Park on Saturday

 

Barham Park accounts, Council tax on empty and second homes, Vale Farm contract - decisions coming soon

 The Brent Forward Plan gives a note but no details on decisions to be made in the near future.

Coming up in 2024:

Reconsider the accounts of Barham Park Trust 2022-2023

 

To reconsider, following their reference back by the Resources and Public Realm Scrutiny Committee under the call-in process, the accounts for the Barham Park Trust 2022-23.

 

 24 Jan 2024 by Barham Park Trust Committee 

 

Lead member: Leader

Lead director: Corporate Director of Finance & Resources

 

Council Tax - Empty and Second Homes Premium 

 To consider a recommendation to charge 100% on empty homes from one year, rather than two years as at present, and to provide 12 months’ notice of the Council’s intention to charge a premium of 100% on Second Homes from 1 April 2025.

 

5^th February Cabinet

 

Vale Farm Leisure Centre Procurement Options 

to consider the various methods of providing the Leisure Centre facilities from 2025 onwards and agree on a method of service provision. 

 

8^th April 2024 Cabinet

 

Commercialisation of our parks in Brent Council's budget proposals

 The Council's proposals for Barham Park included plans to commercialise the buildings to include a  boutique hotel and supermarket along with charging market rents for some of the voluntary groups and charities that presently occupy them. The proposals resulted in a massive campaign, a petition and council debate.

Undaunted Brent Council is now consulting on its 2024-25/25-26 budget that includes (page references are the budget document that can be found HERE) :

1. Increase in events in parks to generate income - review (increase) for those organising their own events in parks.  (p130)

2. Commercialise existing ‘under-used’ property space within parks to generate income (p132)

3. Market commercial advertising within parks to generate income  (p134)

Letting of parks for events - Income generated 2024-25 (my highlighting)

The new grounds maintenance contract with Continental includes a requirement to support the council in creating, advertising, and facilitating a programme of commercial events in parks and open spaces. This can be supported by a revision of fees and charges for those applying to organise their own events in parks.

How would this affect users of this service?

There would be no impact on service users, other than there being a more comprehensive programme of events and activities in our parks. Those seeking to organise their own events in parks would be required to meet a higher cost for that access.

Key milestones

Revised fees would be submitted for consultation and decision as part of the corporate budget setting process for 2024/25 and would be implemented from April 2024. 

 I would challenge the zero impact on service users as parts of the park would be inaccessible to residents (remember Fryent Country Park when used for car parking and Barham Park for funfairs). The Council thinks that there is a trade-off as the events would be attended by paying customers from the borough.

Commercialisation of parks is already a problem for community groups/voluntary organisations that  being charged rates they find difficult to meet including Daniels Den, Roundwood Forest and Families, Bush Farm collective)

 Commercialise existing ‘under-used’ property space within parks to generate income (£30,000 2024-2025)

This proposal would seek to raise income from commercialising existing unused property space within parks.

How would this affect users of this service?

There would be minimal impact on users of the service other than some benefit from the upgrade of unused facilities and the opportunity to make use of property space for a variety of purposes.

Key milestones

Oct 2023: Survey of existing unused space.
Oct 2023: Schedule of usable space drawn up.
Oct 2023 - March 2024: Any adaptations agreed and undertaken. April 2024: Vacant space advertised and offered for use.

There are empty buildings in a number of Brent parks including Roundwood (Bowls Pavilion) and King Edwards VII. Bowls Club pavilion and the football pavilion. Utilisation for charities and non-profit organisations would be socially useful but commercialisation (market rents) is the intention.

Market commercial advertising within parks to generate income - £40,000 2024-25

 This saving is based on a new offer of space for commercial advertising in parks

How would this affect users of this service?

There would be no impact on service users other than advertising being more visible at locations within parks.

Key milestones

Oct 2023: Survey of suitable space.
Oct 2023: Schedule of usable space drawn up.
April 2024: Vacant space advertised and offered for use.

Key consultations

Awareness of this intention should be raised to any Friends of Groups that are relevant to any park in Brent to which this saving might apply.

This raises many questions not least the aesthetics of advertising banners etc within parks and the nature of the advertising.  Advertising along Olympic Way in Wembley may give us a clue.

Call-in on Thursday to hold Brent Council accountable for alleged errors in the Barham Park Trust accounts

The saga of the Barham Park Trust accounts continues on Thursday when the Public Realm and Resources Scrutiny Committee considers a call-in of the Council decision to approve the accounts because of alleged inaccuracies which could lead to reputational damage.

The call-in follows attempts by councillors to query and correct the accounts at meetings of the Trust Committee which is headed by Brent Council leader Muhammed Butt and composed solely of members of his Cabinet. LINK

 

The call-in has been made by opposition members. 

 

New Petition: Save Barham Park from commercial development

 

A new petition has been launched on the petition site change.org LINK

 The Petition

Barham Park in Wembley/Sudbury (Brent) was donated to the 'public' for their recreation by Titus Barham the owner of Express Dairies in 1937.

The original buildings, some dating back to 1780, are currently rented out to local groups including Barham Community Library run by volunteers. The Leadership of Brent Council wants to get rid off all of the existing community groups and redevelop the buildings for commercial uses such as hotel rooms, supermarket, shops and commercial office space.

Local people oppose these plans and want to see them scrapped.

Barham Park used to be the home and gardens of the Barham family. We want the Titus Barham gift & legacy to be preserved for the enjoyment of the public.

Support our campaigning and help us send a message to Brent Council - HANDS OFF OUR PARK