Is Brent Council in breach of Trust Agreement over King Edward VII Park Welsh School proposal?

 

Collins Lodge

Guest blogger Jaine Lunn raises a vital issue that puts a big qustion mark over the London Welsh School's bid to open a school in King Edward VII Park, Wembley.
 

Collins Lodge in King Edward VII Park has a plaque that reads "Queen Elizabeth II Award Jubilee year 2012 by Fields in Trust LINK for Sport and Recreational use in perpetuity.”

Having contacted this organisation they responded I quote:-

"Brent Council entered into a deed of dedication with Fields in Trust in 2012.  The deed is registered at the Land Registry and states that King Edward VII Park is held as a “public playing field and recreation ground, inclusive of a bowling club and sports pavilion” in perpetuity.   I have attached our guidance document on how we protect recreational land which may be of interest.

If the landowner of a protected site wants to make a change that is outside of the permitted use then they will need to formally seek the consent of Fields in Trust.  We have a process in place for that and I attach that information for your reference.   This guidance outlines what our responsibilities are with regards to assessing such matters.   All decision are taken by our Trustees.

Fields in Trust do not get involved in the local management of sites as this very much stays in local hands.  So any changes to a site which fit within the agreed user clause do not require our consent.   There is some flexibility built into the deed of dedication, for example our Trustees may at their discretion consent to the disposal of land provided that betterment for local communities in terms of outdoor sport, recreation and/or play can be demonstrated. 

I can confirm that Brent Council did submit a formal request to Fields in Trust with regards to granting a lease on the disused bowls pavilion area to the London Welsh Language primary school on a 15 year term, and in addition to erect a single storey classroom block and convert the paved hard landscape area to an all weather playground.   We were advised that the bowling green and Pavilion are unused and the area fenced off, furthermore there was no bowls interest. 

I can confirm that the Council’s request was rejected by our Trustees in January 2015 because the site is protected for recreational purposes and the proposed new use would be outside the objects of the Deed of Dedication.  In order for the matter to even be reconsidered by our Trustees the Council would need to offer up for protection a replacement site of at least the size of the land being lost or provide a payment which is to be made available for investment in the facilities within the remainder of the site.  To date we have not received a revised application, which I believe would only be forthcoming should planning consent be granted."

As we have all seen on the site visit It is not a fair and equitable swap as it neither matches the size of the land proposed to be built on neither is it comparable to be used for sports. In the additional documents that have been submitted in the interim period the idea that residents should be able to sit on this land and be able to access a view comparable to the view from Primrose Hill over Central London is laughable and whoever cited this as acceptable "should have gone to SpecSavers" about covers it, or suggests they are taking some form of  medication to enhance their  very vivid imagination.  

Knowing all of the above, what really baffles me and to which I seek answers to the following questions.

1)  Who originally suggested/proposed the idea to the London Welsh School that this was a suitable location for their school?  

(After all they had investigated 98 other locations, 65 of which was outside of the London Borough of Brent.)

2.  Why did the Brent Planners not reject this immediately knowing that the land was protected?

3.  Having ignored the fact, made an application, which had they thoroughly read and understood the deeds of  dedication they had signed would have realised that it would be rejected?

4.  Why are they still supporting this application to grant permission, knowing that they must make another application to Fields in Trust for approval when the suggested land swap is also unlikely to be approved by the trust.

5.  How are they justifiying a complete and utter waste of time, money and resources of all concerned?

I would appreciate any answers to the above, from anyone!

To Brent Planners I say stop this nonsense and reject now.

This land is public owned Land and should remain so for the people of Wembley to enjoy as was originally decided when bought by the local Council back in 1913 to compensate for loss of Parkland at Wembley Park.  

MF A further question would be to ask why Brent Council have not informed the public about this agreement as part of the documentaion on the planning application. It is clearly a 'material consideration' for the Planning Committeee to take into account.

Update on Welsh School Planning Application ahead of tonight's decision

During the day new information and clarifications have been received over the London Welsh School/King Edward VII Park planning application.

First, following so many comments extolling the virtues of the Welsh School and the achievemnts of its pupils, I asked if they would be taken into account. Normally there are strict guidelines about what counts as a 'material consideration' for planning purposes. Residents in the main are not questionning the quality of education offered but are objecting on planning grounds which would apply to any non-sports/park use for the premises.

This is what the Case Officer wrote in response:

The planning application will be considering the planning considerations of the scheme including the site, traffic  impact etc. The main committee report does consider the education need but the quality of the education itself would not be a material planning consideration.

The Supplementary Report going to Committee  clarifies issues around the submissions:

Reference has been made to a letter of support being registered to the incorrect address. To clarify, a letter of support was received from 23 Toley Avenue. The letter was incorrectly registered to the wrong address 28 Princes Court when it received by the Council. This administrative error was rectified with appropriate letter sent to 23 Toley Avenue providing detail of the Planning Committee meeting and site visit. There has been no letter of support received from 28 Princes Court or letter purporting to be from this address.

I still don't think how this 'error' could have happened with a different number and street and no submission at all from the address that was erroneously posted on the Planning Portal. I am sure the Planning Committee will seek further clarifcation.

The Report goes on:

  Concerns have also been raised with potential false addresses being provided by those wishing to support the planning application. Your officers can confirm that a total of 7 representations (of a total of 27) supporting the application have been received by residents in Brent, and that it has been verified that the names provided are connected to the relevant addresses. A number of the other representations have been received from outside the Borough. Whilst officers have not been able to verify these addresses, given the specialist nature of the Welsh School, it is not considered unrealistic that representations from outside the Borough could be provided. There is no evidence to suggest that false details have been provided.

Sport England have sent in a response that suggests in the last paragraph that deferral may be appropriate:

Sport England aims to ensure positive planning for sport, enabling the right facilities to be provided in the right places, based on robust and up-to-date assessments of need for all levels of sport and all sectors of the community. To achieve this, our objectives are to seek to protect existing sports facilities from loss as a result of redevelopment; to enhance existing facilities through improving their quality, accessibility and management; and to provide new facilities that are fit for purpose to meet demands for participation now and in the future.

Sport England seeks to ensure that the needs of sport are given appropriate consideration and significant weight in the development management process. The Government’s National Planning Policy Framework (NPPF) makes the need for such consideration clear in its requirements to:

·      deliver community and cultural facilities to meet local needs;

·      protect existing sports and recreational buildings and land;

·      guard against the unnecessary loss of valued facilities and services;

·      promote mixed developments;

·      plan positively to provide opportunities for outdoor sport in the Green Belt; and

·      ensure that decisions are based on robust, up-to-date and relevant evidence.

In this above context, Sport England would support the ongoing use of the site for sport. Whilst we accept the findings of paragraphs 9 and 10 of the committee report, it is not clear what proactive attempts have been made by the Sports and Parks Service to promote the site and encourage a viable and ongoing sporting offer at the site. Sport England would advocate that the site remain in sporting use and that other sporting uses should be considered ahead of non sporting uses.

Strictly speaking, the application does not demonstrate full conformity with para 74 of the NPPF:

Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless:

·      an assessment has been undertaken which has clearly shown the open space, buildings or land to be surplus to requirements; or

·      the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or

·      the development is for alternative sports and recreational provision, the needs for which clearly outweigh the loss.

As indicated, whilst we do not dispute that the Bowls Club disbanded in 2013, this in itself does not mean that the site has no future purpose in serving the ongoing strategic needs of the bowls community.

The other consideration, which is not within the red line of the application boundary, is the bowling green itself. Sport England has not commented on the loss of the bowling green as this does not form part of the application red line boundary. The bowling green should therefore remain in D2 Use. The red line only extends around the pavilion and does not include the bowling green. We would therefore like to clarify that the bowling green does not  form part of this application and should remain available for ongoing community use.  This is an important point which needs to be explicitly made.

I trust you will find the above helpful, which gives a better understanding of Sport England’s position. In light of the above, it might be helpful to understanding current sporting needs in more detail before making a determination of this application. It may be appropriate to defer this application from determination until a fuller understanding of sporting need is undertaken.

Planning Portal comments in support of Welsh School planning application to be verified by officers

Cllr Sarah Marquis, Chair of Brent Planning Committee, told residents attending the site visit at King Edward VII Park this morning that she had instructed officers to investigate comments that have appeared on the council planning portal in support of the London Welsh School's application to build a school in the park.

The resident of 28 Princes Court, whose address and someone else's name, had been used to post support, when she herself was opposed, said that she was not satisfied with the officers' explanation that this was an 'adminstrative error'.

Marquis has asked officers to investigate that and also to verify the 13 other comments (excluding 23 Toley Avenue) in support of the application that suddenly appeared on the portal on January 8th.

Apart from a representative from the Welsh School the 20 or so residents (including children) who attended seem to have been opposed to the planning application.

Debangshu Dey, a local resident, has offered to collate bullet points from residents that could then be included in a presentation to the Planning Committee on Tuesday. Residents can apply to speak for up to 2 minutes and the points could be spread between several speakers.

Debangshu's email is debangshu.dey@medreich.co.uk (corrected)

It would be useful if you could say if you are willing to speak. The collated points can then be sent to all who have responded.

Cllr Sam Stopp (Wembley Central) also continues to welcome comments on the planning application  cllr.sam.stopp@brent.gov.uk  He will be speaking at the Planning Committee and will have up to 5 minutes for his presentation.

The site visit was also attended by Cllr Jean Hossain (Preston) and Preston ward residents can write to her cllr.jean.hossain@brent.gov.uk .  Most of the park is in Preston ward, including Collins Lodge where the land swap is proposed. The Bowling Green is in Wembley Central ward.

Residents who live opposite the park on Park Lane should contact Tokyngton councillors and copy in Sam Stopp.

Here are some photographs of the Bowling Green site taken this morning.

The additional classroom proposed to be built here, 4m from the boundary with back gardens

This area behind the Bowling Green Pavilion proposed to  be resurfaced as a playground

Planning Officers confirmed that the Bowling Green itself did not form part of the planning application.  Councillors were shown the disused yard adjacent to Collins Lodge which had not been considered as a possible school site or land swap.

The case for deferring decision on Welsh School build in King Edward VII Park

I have tried on Wembley Matters to enable debate and dialogue over the planning application for the London Welsh School to relocate to the Bowling Green in King Edward VII Park. As with many planning applications the general public were unaware of the plans.

This will be a difficult decision with the protection of green space and the preservation of a unique institution apparently in conflict.

A glance back at comments on the earlier coverage on this blog will indicate that new information has emerged during the discussion and further suggestions have been made that are not in the officers' report.

The Welsh School is a charity, along with other independent schools, and charges fees. The school however prides itself on never turning a child away so fees are reduced for those in need. However the school has applied twice to become a free school and if successful  would receive funding directly from the DfE. It is not clear whether they will re-apply.

The Gladstone Free School had plans to build on open sports space adjacent to Gladstone Park and this was opposed by local residents and the school withdrew. Gladstone would have been a much bigger school but free schools being built on open space is a controversial issue.

Clearly the Planning Committee would need to be mindful of setting a precedent that may open the way for other applications and the importance of protecting Brent's parks and open spaces.

There has been some confusion over which ward is affected. The Bowling Green, Park Lane school and the land between them are in Wembley Central ward. The rest of the park, including Collins Lodge and the land swap site, are in Preston ward. The houses on Park Lane, opposite the park, are in Tokyngton ward. So far only Sam Stopp. Wembley Central ward councillor has made a submission to the Planning Committee and will be speaking at the meeting. (email address below)

One suggestion has been that a possible alternative site in King Edward VII park that would be more accessible. This is on the disused yard next Collins Lodge. It has also been suggested that the Pavilion would be better used as a community facility for Wembley Central residents. The question has been asked as to why the availability of the Pavilion for other uses has not been made known to residents.

There is some confusion about the school's use of the Bowling Green itself - the planning application is only for the Pavilion and the land between the Pavilion and Princes Court back gardens. The Chair of Governors of the Welsh School in a blog comment said the bowling green itself was not in their  demise but elsewhere there is an assumption that the children would use it.

There has been a flurry of late support for the planning application, many of whom have links with the Welsh School and praise its provision.  Although labelled 'Comments from Neighbours' many are from much further afield. One postal letter of support mistakenly names Barham Park as the site of the Pavilion rather than King Edward VII Park. An early support statement that appeared under a name at  28 Princes Court has been removed from the Council. A neighbour checked at the address and found that no one of that name lived there and the occupants hadn't submitted a statement of support.  Brent Council, rather strangely, accounted for  its inclusion an as 'administrative error'. Other submissions from Princes Court are in opposition. Sports England are in touch with the Planning Officer and will make a submission by Monday.

My personal view is that because of the wider implications of this application, confusion over the detail, possibility of an alternative site within the park, and lack of public knowledge about the proposal, the Planning Committee should seriously consider deferring a decision on Tuesday.

Comments can still be made up to Monday midday to victoria.mcdonagh@brent.gov.uk

The site visit is tomorrow (Saturday) morning at 9.35am

The application will be heard on Tuesday at the Planning Committee, 7pm, Brent Civic Centre. Residents can apply to speak for 2 minutes and applications have to be made 24 hours in advance.
Apply to: joe.kwateng@brent.gov.uk

To view the on-line comments so far follow this LINK

Standing orders for the Planning Committee (explains how it works, speaking rights etc)  LINK

Planning Committee Code of Practice LINK

Cllr Sam Stopp is still keen to received comments from residents:  cllr.sam.stopp@brent.gov.uk

London Welsh School seeking new home in King Edward VII Park, Wembley

The Bowling Green Pavilion, King Edward VII Park

The London Welsh School, currently housed in a building close to Stonebridge Primary School, is looking for new premises due to the proposed expansion of that school.

Stonebridge Adventure Playground, as readers know, is fighting its proposed closure as a result of the Stonebridge School expansion as well as Council proposals to end its funding.

The Welsh School (Ysgol Gymraeg Llundain), a registered charity, is a bilingual primary school of currently around 30 pupils. Wembley Matters visited the school when it was first threatened in 2013.
LINK

 It had its second application  to become a free school turned down by the DfE earlier this year. LINK

Ariel view of Pavilion

After an exhaustive search the Welsh School governors and parents see the only option as building in the currently disused Bowling Green in King Edward VII Park, in Park Lane Wembley.

The plans are for a new building between the pavilion and the bordering back gardens in Princes Court. Some of the residents have objected on grounds of noise, additional traffic and loss of parkland. The Pavilion would also form part of the school with a possible dual use for the Freinds of King Edward VII Park.

The new building planned would be single storey and the Welsh School, following objections, has moved the building 4 metres away from the garden boundary which will be planted with dense shrubbery and trees. They have also agreed to retain a large Norway Maple and other specimens on the site but the revised planting shows the removal of  3 Irish Yew trees and 1 Monterey cypress. They are identified as category B trees which I believe are trees identified as of moderate quality or value capable of making a significant contribution to an area for 20 years or more.

Proposed land swap

The proposed land swap to make up for the loss of public park space is perhaps the most
controversial part of the proposal. The proposed land is next to Collins Lodge, which is currently temporarily occupied to safeguard the building. Some park users claim that the land, currently registered as residential, is already part of the park, at least visually, as it is a lawned area surrounded by low railings. The removal of the railings would be all that was required to make it formally part of the park.

Abandoned area next to Collins Lodge

Arguing that this is not a sufficient land swap to make up for the loss, attention has shifted to land on the other side of Collins Lodge which was previously used for storage and maintenance but now, as can be seen from the photograph, in a very sorry state.

It is an eye sore that would improve the park considerably if it was reclaimed as parkland.


Others have suggested that this could be a better site for the proposed school building.

Another issue that the Planning Committee would need to consider is vehicle access to the proposed new building. There have been problems in the past, including collapsed drains,  with access to Park Lane Primary School, which is closer to Park Lane itself but where vehicles have to access the school through the path into the park.The park gates are locked at night.

The path to the Bowling Green

Access to the proposed Welsh School would be through the same gate but would carry on through the park on what is little more than a footpath.

Large delivery vehicles, waste collection vehicles and emergency vehicles would all have to access the school along the path which is used by pedestrians  including children and their families enjoying the park.

Clearly there is a safety issue here and the path itself may need to be reinforced and perhaps widened affecting the amenity value of the park.

The full details of the planning application can be found HERE

Wembley Central Councillor Sam Stopp has asked for the views of Wembley residents on this proposal. Contact details:
Bus. mobile:  07721 233 038
Bus. email:  cllr.sam.stopp@brent.gov.uk


The Planning Committee will visit the site about 9.35am on Saturday January 10th and the application will be decided by the Committee on Tuesday January 13th, 7pm, Brent Civic Centre.