Butt again refuses representations on Barham Park. Time for the Charity Commission to intervene?

 

 Thanks to Rucksack Traveller for this video taken a year ago LINK

 

The Barham Parks Trustees Committee meets again tomorrow (10am Brent Civic Centre) as a result of the Trusts's accounts being pulled from the last agenda because of a considerable number of errors. 

 

Francis Henry requested to speak at tomorrow's meeting but the request was refused by Muhammed Butt, Leader of Brent Council and Chair of Trustees.

 

It is normal practice that representations can be made to local council committees on items that are on the Agenda of a particulat meeting. At the previous meeting Muhammed Butt refused representations (and indeed stopped Francis Henry from making them) on the plans for the future of the parks that were on the agenda. This time Butt refused despite the fact that the only item on the agenda is the accounts and Henry's submission deals  with serious shortcomings regarding them.

Surely it is time for the Charity Commission to look into compliance issues around the Trust. LINK

 

Henry wrote to the Council to express his diasppointment:

 

 

It is disappointing that once again Councillor Butt is refusing to listen to a local representative of local people who uses and cares about Barham Park.

 

It is clear that he wants to hide and not acknowledge that Barham Park is being neglected and mismanaged and faces ruin under his stewardship.

 

We will not allow this to happen.

 

I enclose a summary of the issues I want you to present to the Trustees and to be reproduced as a submission (in full )as part of the minutes of the meeting.

 

Regards

Francis Henry

 

 

 

Dear Councillor Butt and other Trustees

 

I am writing in my capacity as Chair of a recently formed Friends of Barham Park (FoBP). The President of FoBP is Allan Barham who is the great grandson of one of Titus Barham's cousins. His grandfather worked for Arthur Barham (brother of Titus Barham ) who was the Managing Director of United Dairies (later Unigate). in the late 1800s and early 1900s both Titus and Arthur lived in the buildings currently occupied by Friends of Barham Library and the other tenants. He is concerned about what his going on with the Titus Barham bequest and wishes that the memory of Titus and his contribution was better looked after.

 

In the short time since its creation FoBP has signed up 150 supporters. The number is growing every day. We also have the support of numerous local groups operating in the Sudbury and Wembley area.

 

I originally came to speak to the Barham Park Trust Meeting on 5 September following an invitation from the Council. That invitation did not give any restrictions on what issues I could speak on.

 

It has always been the practice for invited representatives of existing tenants to speak on any issue of concern on the Agenda. The minutes of previous meeting (Page 1 of the Agenda that was before you) make this absolutely clear.

 

I came  to speak on behalf of Friends of Barham Library (FOBL) - an active community organisation providing invaluable services to local people from our premises in Barham Park.

Despite of this you both interrupted my contribution and them prevented me from speaking. I came to raise concerns about the recommendations before you that will deprive Barham Community Library, run by FOBL, of our hard won space in Barham Park.

 

FOBL, and the tenants were neither informed or consulted about the proposals before the Meeting on 5 September. What are now described as "hypothetical" proposals require all tenants to be removed with no guarantee of return.

 

Officers failed to advise you that the proposals could not be implemented in the foreseeable future because has ACAVA has 6 years remaining on their Lease and FOBL has 8 years to go. There are no break clauses in favour of the Trusts and the tenants have the right of "quiet enjoyment" - i.e. no noisy or disruptive building work permitted. The £20,000 + cost of this consultancy work (apparently charged to the Trust) has been wasted. While the recommendations may be "hypothetical" the large sum of money spent is real and could have been used on much needed repairs instead.

 

There have been earlier consultancy "vision" exercises and condition surveys in the past 10 years. These also recommended pie in the sky ideas - a large pond with a viewing platform for example. This was never implemented for obvious reasons - it was a mad idea.

 

Recommendations to carry out essential repairs and maintenance to the plaster work and wooden features of the buildings and repair and upgrading of the crumbling paths and walls have never been carried. Instead of undertaking essential works the Trust under your stewardship has wasted around £40,000 on these type of pointless consultancy exercises.

 

Barham Park is neglected and faces ruin. Yet the bronze option which was meant to develop a repair and maintenance plan has been inexplicably dropped.

 

The excuse for this is the claim that the Trust is not generating enough income. This is partly because it is YOU who decided to implement a policy of rents based on social value and because officers have failed for years to collect the correct income that is due to the Trust. ACAVA was allowed to build up rent arrears equal to much more than their annual rent due. They were not charged interest on these arrears. Their rent review due in 2019 was overlooked - losing the Trust in excess of £5,000 in rent each year since then. (£20,000 lost income in the 4 years since). Who made the decision to forget or ignore the terms of their lease?

 

There are many more examples where correct income has not been charged or recoverable expenses have not been recovered. Officers do not bother to tell you and none of the Trustees bother to find out the truth.

 

Local people love Barham Park and are angry at the way Brent Council as Trustee and Managers of the Park allow it be neglected and run down. 

 

Those local people, with much greater local knowledge than either you or the other Trustees, are ignored or not allowed to speak at the Trust meetings.  

 

The Accounts presented to the Trustees are misleading and fundamentally wrong. They had to be pulled at the last moment on 5 September. The revised Accounts are still wrong as they do not reflect the reality and are completely misleading.

 

Where for example in those accounts or those for previous years does it show the Income (grants) received to undertake the work on the Barham Park Pond or the ongoing work on the QE II Silver Jubilee Garden and where is the expenditure shown and included. The total sums involved exceed £100,000 and yet the accounts do not show any of this financial activity. In both cases the Accounts should show 'restricted' income and the ongoing expenditure that the income is being used for.

 

As Paul Lorber has already pointed out to officers the 2022/23 revised Accounts being presented are wrong and misleading. The Trustees should NOT approve them and ask for an accountant with knowledge of Charity accounting & reporting to review the financial affairs of the Barham Park Trust and assist in the preparation of accounts that reflect the true position of the Income & Expenditure of the Trust for the year to 31 March 2023 and the Trusts financial position as at 31 March 2023.

 

There is a long list of failures to highlight in the way Barham Park has been mismanaged and money wasted. The Trustees are not being told the truth and you and the others are failing to ask the right questions.

 

If you either want to know the truth and have a genuine commitment to improve Barham Park and its building and recreation of local people as Titus Barham intended, then you have to start listening and engaging with people who know a great deal about Barham Park and whole heartedly care for its future.

 

Regards

 

Francis Henry

for Friends of Barham Park

representing the views of local people

 

Readers having been present at the last meeting or seen the video or media reports may be interested in how the Minutes record what happened.

 

 

Muhammed Butt: You are not allowed to mention our plans to sell out the Barham Park covenant or proposals to destroy community facilities

 

Brent Council Leader Muhammed Butt made an unconvincing effort not to notice the large attendance at the Barham Park Trustees Meeeting this morning - there were more present than shown in this photograph and extra chairs had to be wheeled into the room.

Residents were there to protect their park and said afterwards they had not been impressed by the proceedings.

The meeting began with an announcement that the agenda item on the accounts was to be deferred to the next meeting. The whole meeting should have been deferred as Trustee activities and their plans hang on the financial viability of the Trust. That proposition was rejected and the meeting continued.

Users of the community facilities were only allowed to report on their activities and forbidden by Cllr Butt  (Chair of the Trustees)  to comment on the proposals that were on the Agenda.  Cllr Lorber appealed to legal officers to comment on this ruling as no such restriction had been communicated but no response was forthcoming. An ill-tempered Butt interrupted Francis Henry when he quietly and politely tried to raise concerns.

 

 Butt interrupted several times when Francis Henry wanted to talk about the items on the agenda that would impact on tenants and threaten the future of the Barham Library and its community activites:

 

Butt: I am going to stop you again. You are here, right, as I said the offer was made to the people within that building to come here and talk about the  work that they have done in the previous year leading up to today.

I am not talking about the meeting. I am not talking about the agenda. I am not talking about the report.  I am talking about the work you have done in the building as part of your trustee role.

This is what Francis would have said if he was not interrupted. They are questions he and other tenants of the community buildings would like answered:

Barham Park Trust Meeting, 5^th September 2023

Presentation by Friends of Barham Library

 

My name is Francis Henry, a resident of Wembley with a business in the area for over 30 years. I was the Chair of the Brent Sustainability Forum; I am currently the Chair of the Wembley Traders Association.

 

Today I am speaking as a Trustee of Friends of Barham Library who have been running a popular Community Library and Activity Centre in Barham Park since 2016 where hundreds of local people take part in a wide range of recreational activities.

 

In relation to Item 7, I wish to make the following points and raise some questions.

 

In my professional view as an local estate agent, no business person would contemplate making a decision involving around £4 million of public money on the inadequate information before Trustees today.

 

Can you please answer questions that any responsible Trustee would ask:

 

1. What alternative premises are being offered to all existing tenants?

 

2. Why were the tenants not consulted or involved?

 

3. Will the existing tenants be guaranteed same size space on affordable rents once completed?

 

4. Why do the officer recommended plans in the Silver Option not show a Community Library when the Library is shown in the Gold Option?

 

5. What is the earliest possible date you can obtain vacant possession of all the Units?

 

6. Is the £3.2 million cost estimate based on current year prices and what is the cost estimate in the earliest year the work can start.

 

7. Why has the bronze option not been presented to the Trustees?

 

8. The Report claims gross income of £300,000 to £400,000 from the completed development. What is the net income after interest and costs of managing the new facility.

 

9. Have the Brent Planners confirmed that shops, restaurants, hotels and offices comply with Planning Policies for green spaces and the Sudbury Neighbourhood Plan?

 

10. What sources of funding have been identified or been pursued to meet the expected costs?

 

11. You have spent £25,000 on Architects fees, unspecified costs on the windows survey. How much more in consultancy fees will be incurred before you know if this project is financially viable?

 

In my opinion no responsible Trustee would consider committing any more Charity or Public money to this idea before these questions are answered or recommendation 2.5 on the covenant is pursued.

 

Thank you for your time.

The Trustees decided to go ahead with further work on the development proposals that officers described as 'hypothetical' - having spent £25K on a hypothetical report they now committed to spending  more with an initial investigation into funding streams that would enable developments to take place. Only after that will tenants of the community buildings be consulted on proposals which does suggest they will be involved in shaping the proposals.

The plans to remove the covenant restricting development of the plot containg two small houses will also go ahead enabling fun fair owner George Irvin to build four 3 storey houses on the site are going ahead.

On Governance the Committee opted to continue the status quo, giving the Brent Cabinet sole control of the Trustees. Cllr Butt nodded along as an officer inaudibly went through the reasons why the alternatives would not be effective or efficient. A suggestion that a Friends of Barham Park should be set up was the only sop to local people and no actual representation (apart from the Buttocracy) on the Trustees was rejected.

There was a rare moment when Cllr Krupesh Sheth, who is lead members for the environment and thus of parks, actually spoke - but only to correct the title of one of the officers.

There was no mention of any submission by Barry Gardiner MP who had previously strongly opposed the removal of the covenant and Wembley Central ward councillors, the ward now includes Barham Park,  did not make any representations.

 

 

Barham Park Trust Accounts - Two questions that need answering

 I am publishing, with permission, the text of an email sent to Brent's Head of Internal Audit and Investigations:

 

 

Dear Mr Armstrong,

 

 

I am sorry for the short notice, but I have been reading the papers for the Barham Park Trust Committee meeting on Tuesday 5 September at 10am.

 

 

There are a couple of points arising from the Trust accounts for 2022/23 which I believe need to be explained to the Committee and the public at that meeting (even though I will only be able to watch it when the webcast is available to view online later in the week).

 

 

You were the Independent Examiner of those accounts, and at para. 4.2 of your Supplementary Audit Review, you have stated that:

 

 

'No matter has come to my attention, which gives me reasonable cause to believe that, in any material respect, the requirement:

...  To which, in my opinion, attention should be drawn in order to enable a proper understanding of the accounts to be reached.'

 

 

Although I have been accustomed to reading accounts for many years, there are two points with the 2022/23 Barham Park Trust accounts which I think are material for a proper understanding of them:

 

 

1.    Fun Fair Receipts - The 2022/23 accounts show no Fun Fair receipts (previous year £28,172), but the Trustee's Annual Report (6a Appendix 1) states that 'The park hosted a Fun Fair on two occasions.' 

The General Update Report to the September 2022 Trust Committee meeting gave these details: 'Irvin’s Fun Fair were at Barham Park: Operating days between the 20th May to 5th June 2022 (on site 12th May to 6th June); Operating days between the 19th August to 4th September 2022 (and will be on site until a few days later).'

How much was payable by Irvin's Fun Fair for its use of Barham Park for those two periods in 2022/23, and why does this amount not appear in the Trust's 2022/23 accounts?

 

2.    Consultancy Payments - The 2022/23 accounts show Consultancy payments of £21,244 out of the Trust's unrestricted funds. The Officer Report to the Committee on the Trust's Annual Report and Accounts refers to: 'additional one-off costs have been incurred associated with commissioning a Barham Park Feasibility study to consider the use of the Barham Park building and its condition in the long-term.'

It is clear from earlier meetings of the Barham Park Trust Committee, particularly that of 27 January 2022, that the Trust had agreed to appoint Rider Levett Bucknall ("RLB") architects to produce a feasibility study on the future of the Barham Park buildings. It was also clear that it had been agreed the £25,000 cost of this would be met as capital expenditure by Brent Council.

The results of the RLB report are to be considered at the Trust Committee meeting on 5 September, but to understand the 2022/23 accounts properly, more explanation is needed. The meeting on Tuesday should be told, and the answers minuted, on who the £21,244 was paid to, what services were provided to the Trust in return for that payment (and where is the evidence for those services?), who authorised this expenditure and where that authorisation is recorded.

 

 

Thank you, in advance, for your prompt attention to the points I have raised. I am copying this email to other Council Officers who may need to be involved in ensuring that these points are dealt with at Tuesday's meeting. 

 

 

Best wishes,

 

Philip Grant.

 

 

 

 

Brent Council seek to commercialise historic old buildings in Barham Park at expense of community groups

 

The Harrow Road frontage

The community library space

The attractive cluster of buildings - including artists' studios

The Veterans' Club

Nepalese Community Centre

The Children's Centre

When the planning application for the building of four 3 storey houses in Barham Park was approved there were warnings about setting a precedent that could be a threat to other parks and gave rise to a 1,000 plus petition calling on Brent Council to protect our parks. The news that the Barham Park Trustees were seeking to revise the covenant preventing building on the park reinforced fears and these seem to be borne out by a new threat.

Brent Council (not the  Cabinet members under the leadership of Muhammed Butt but who call tell the difference?)  have commissioned a feasibility study to refurbish the site to allow commercial development in order to maximise income by charging market rents. 

In the process it would  the whole feel and purpose of the buildings which once housed the Brent Council Parks Department and a Brent Council public library, closed by a previous Labour administration. The volunteer community library set up by a 'Save Our Libraries' campaign group, and offering many more community activities than just a library, would not be able to afford a commercial rent and its future would be threatened if the plans went ahead. A similar fate would await the other community groups that use the various buildings.

The brief is set out below with a key factor highlighted.

The key items considered within this report are:

•   Location of additional parking (including EV charging)

•   Partial demolition & rebuild of certain elements of the building (eg. the flat-roofed areas towards the rear) have insufficient potential to add value to the project as a whole and has been excluded from the project scope.

•   No full demolition & rebuild - design to relate to & incorporate existing building.

•   Not to consider existing tenancies and to consider the building as vacant.

•   Tracking and tracing of all underground drainage / pipe routes.

•   Topography survey and levelling to ensure sufficient drainage.

•   Structural constraints of the Barham Park Trust building

•   EPC C to be targeted.

•   Trees located within a conservation area that are not protected require written notice to the local planning authority.

 

When I visited this morning it was clear that few of the user groups had any knowledge of the plans that will be discussed by the Barham Park Trustees Committee at its meeting on Tuesday September 5th at 10am in Brent Civic Centre  The public can attend in person or on zoom LINK and everyone who cares about the future of Brent parks is urged to attend.

 

 AGENDA

 

The Feasibility Study suggests that the construction costs would be £3,161,537.50 but many key items are left out and it is likely to be more that £4m.

 

 

 

The suggested occupants of the site, rather bizarrely, include an Air B&B, when many councils are discouraging them as they take away permanent local housing provision. Four retail outlets including a supermarket are  proposed when this section of the Harrow Road has little footfall other than park users, and a restaurant (there is a large restaurant opposite that has recently been converted from a pub.  

 

The only non-commercial uses mentioned are a community hub with local information and a library. Whether the latter would be at an affordable rent and affordable service charges will be vital for the continuation of the Barham Park Community Library.  Considerable financial investment and volunteer hours have been invested in the current library as can be seen in the photograph above, taken just after a morning yoga session, one of many activities that take place there.

 

 

Like many Brent Council properties the buildings have been allowed to run down and fall into disrepair, although users have done their best to rectify the defects spending their own funds. This run down strategy can sometimes be used to justify demolition and rebuild as happened with the previous Willesden Green library, and on a smaller but widespread scale with garages on council estates.

 

There are buildings in many Brent parks with development planned in King Edward VII   Wembley pavilion and the Bowls Court in Roundwood Park being offered to potential users. Watch this space!

 

Boarded up windows

To enable the users I met today and other members of the public to see the full study I have embedded it  below.

 

 

 

Trustees set to rubber stamp process to remove covenant restriction on building in Barham Park

The proposed George Irvin development of four 3 storey houses in Barham Park that would require the removal of the covenant

Trustees Meeting Agenda September 5th 2023

Reader will be familiar with the controversy over the proposal by funfair owner and property developer George Irvin to replace two  modest two storey park workers' houses  in Barham park with 4 three storey houses. At Planning Committee the elephant in the room was the restrictive covenant on developing the site, dismissed by officers as not a planning consideration. Planning permission was granted despite massive resident opposition.

Readers will also remember that the Trustees of Barham Park consist of Brent Council Cabinet members, chaired by Brent Council Leader, Muhammed Butt. Readers will also recall disquiet over Irvin giving free tickets away to councillors and concern over alleged social connections between Irvin and councillors, including Muhammed Butt.

Now the elephant in the room is due to make an appearance at the Barham Park Trustees meeting at the Civic Centre on Tuesday September 5th. 

The proposal by the existing owner, contrary to the terms of the restrictive covenants, is to seek consent from the Trust Committee to amend the restrictive covenants to enable him to demolish the existing buildings and erect 4 houses on the combined plot, whereas currently the restrictive covenants allow for only 2 dwellings on the combined plot.

However, the public and backbench councillors will not be allowed to know the size and value of the elephant/covenant as the result of an Independent Valuation has been 'restricted':

"Appendix 3 is not for publication as it contains the following category of exempt information as specified in Paragraph 3, Schedule 12A of the Local Government Act 1972, namely: “Information relating to the financial or business affairs of any particular person (including the authority holding that information."

There is a clue to how it could be worked out in the papers for the meeting:

The varying of the restrictive covenants is a matter for the Trust Committee and Charity Commission. As beneficiary of the restrictive covenants, the Trust Committee can negotiate a monetary consideration for varying the restrictive covenants. Simply put, the monetary consideration is usually determined by what the market value of the 2 additional completed properties might be and deduct from that the estimated development costs to arrive at a gross development value. This gross development value is then typically split 50/50 between the Covenantor and Covenantee by negotiation and is the formula used in the valuation for varying the restrictive covenant.

Developer, George Irvin,  will of course be a beneficiary as well but the report attempts to sweeten the pill by suggesting that the proceeds from varying the  covenant will be used to the benefit of the park, which as Trustees would have to do anyway, although they only refer to 'potential':

Officers will explore the potential to reinvest the proceeds from varying the restrictive covenants in respect of 776-778 Harrow Road back into the Estate as part of developing a multi-faceted investment strategy for the refurbishment project. Accordingly, the proceeds would count as permanent endowment funds (capital funds which are held in trust for the benefit of the charity over the long term and are subject to restrictions as regards how they may be used).

Those proposals on  refurbishment are a separate part of the agenda for the meeting and will be covered in a separate blog post.

So is there any mention of the 1,000 signatures plus petition calling for the covenants to be upheld? No - neither in the report or as as a Petition Presentaton Agenda item. A new elephant in the room!?

A key question is whether the Agenda or accompanying reports leave open the possibility of the Trustees deciding not to vary the covenants at all and thus fulfill their role in protecting the Tutus Barham legacy. The answer is already implied - they will protect the legacy by using the covenant variation monies to improve the park not by refusing to negotiate  a variation.

So what do officers' recommend to the Barham Park Trust Committee?

Recommendation(s)

 

That the Barham Park Trust Committee RESOLVES

 

Agree for the Director for Environmental and Leisure Services in consultation with the Chair of the Trust Committee to negotiate in principle the variation of the restrictive covenant in respect of 776 and 778 Harrow Road for the best terms that can reasonably be obtained, subject to final approval by the Trust Committee, and any approval required by the Charity Commission under the Charities Act 2022 and 201l.

 

So the Committee is asked to agree to hand over negotiation to Muhammed Butt and the Director and, subject to Charity Commission approval,  will then rubber stamp it. All done by a small group of cabinet members, albeit wearing trustee hats - with, as I said at the beginning no resident or backbencher input.

 

There is one other area that may be considered by supporters of the covenant and critics of the process regarding whether the owner/developer is a 'connected person' and thus a conflict of interest arises. This is the relevant section of the report:

5.7 Use of s117, pre-supposes that the owner of the cottages is not a “connected person” within the meaning of section 118. Connected persons2 includes:

 

“Who at the time of the disposition in question, or at the time of any contract for the disposition in question are, for example—

(a) a charity trustee or trustee for the charity…

(c) a child, parent, grandchild, grandparent, brother or sister of any such trustee or donor,

(d) an officer, agent or employee of the charity…

(f) a person carrying on business in partnership with any person falling within any of paragraphs (a) to (e)”

 

5.8 In accordance with s120, any disposal of Trust land over seven years to a third party is also subject to similar requirement imposed by s119 above.

 

Furthermore, the disposal of charity land, or letting for more than two years to a third party or connected person requires consultation in the form of being notified in the local press and onsite and providing for at least one calendar month, from the date of the notice, for members of the public to make representations.

 

5.9 Accordingly, if the owner of the cottages is a connected person, or a conflict of interest is deemed to exist in the decision making process re the disposal (for example, amongst other things because payment of a capital sum to the Council (as trustee) for releasing the covenant would reduce the contribution required to be made in practice by the Council (as local authority) to subsidise the running of the charity), the Trustees should request the Charity Commission consider the Qualified Surveyor’s Report (referred to under the 2022 Act as the Designated Advisor’s Report (DARs) (valuation) and release or varying the restrictive covenant pursuant to their s105 Charity Act powers, to authorise dealings with the charity property.

 

On the same Agenda there is an item on governance which proposes the first update since 2013. The item makes clear that Brent Council is the corporate Trustee of Barham Park but must ensure that the management of the Charity and its interests is separate from its responsibility as the Council and its interests Decisions have to be made solely on the basis of the former. What is in the interests of the  Charity may not be in the electoral interests of the Council. See 10a Appendix A for the changes.

Interesting...

Review of Barham Park Trust Governance Document PDF 137 KB

• View the background to item 10.

This report sets out for review proposed updates to the Barham Park Trust Governance and Guidance Document. Primarily designed to reflect changes following organisational restructures in the council and updated guidance issued by the Charity Commission.

Additional documents:

• 10a. Appendix A - Reviewed Governance and Guidance Document 2013 PDF 865 KB
• 10b. Appendix A(i) Cllrs Guide to a Councils Role as Charity Trustee (Appendix B Trust Governance Document) PDF 253 KB
• 10c. Appendix A(ii) Charity Commission Guidance Conflict of Interests (Appendix C Trust Governance Document) PDF 511 KB
• 10d. Appendix A(iii) Charity Commission Essential Trustee Guidance (Appendix D Trust Governance Document) PDF 943 KB