OK,
I had decided to hold back from comment on this. I am "just" a Brent
SOS library campaigner from the other end of the Borough. I have been
involved more or less from the beginning but "my" library is Barham -
which Brent Council and its Labour councillors treat somewhat
differently from Kensal Rise. However, I am not bitter! I rejoice at the return
of ANY library to the Brent library circuit and look forward to Kensal Rise
re-opening even if it is “only” on the ground floor. I apologise if that
offends some people and can take being told to butt out..
But
I claim some right to comment from a position of knowledge. In my
working life up to retirement last year, I was a commercial property
lawyer, experienced in development, sales and landlord and tenant
matters in a Central London firm for over 33 years – including “against”
the solicitors All Souls use – Farrers. I acted for P&O,
Chelsfield, Laing, Sun Life Assurance and many developers and investors
small and large.
I
was “lucky” enough to be allowed to go to some of Cricklewood ‘s
meetings - including at Savills with the Cricklewood team, where I met
the (in)famous Mr Seaman and his advisers, and also – in a separate
meeting – the legendary Mr Gillick.
The
day that All Souls exchanged contracts with Andrew Gillick’s property
company in respect of the Kensal Rise Library, the die was cast in terms of what
bargain could be made for the library. People may not like it but that
is the position at law. Nobody at Kensal Rise – the Friends of Kensal Rise (FKRL) or
otherwise – nor at Brent Council had any control whatsoever. The legal
position is what it is. All Souls sold to Andrew Gillick’s company. The
contract was not subject to planning, and Gillick could buy, with the
only protection for the library as set out in the Option Agreement.
Thanks to the campaigners’ persistence, that Option Agreement has become
public – but only just. FKRL had no knowledge of what protective
provisions there might be to preserve their beloved library. They had no
power whatsoever to impose anything, or change what All Souls and
Gillick had agreed.
However,
thanks, in my view, to the fantastic campaigning by FKRL, through its
Trustees and the community– it turns out that – All Souls kept back a
provision for community space in that Option Agreement – essentially the
binding contract for the disposal (as Gillick exercised his option).
The Trustees – from the sight I have had as a member of Brent SOS
steering group from the beginning have, in my opinion, played an
absolute blinder with constant risks and with essentially a blooming
awful hand once Brent was daft enough to trigger the reverter. What they
have achieved thus far was against impossible odds
The
provisions as to space and terms on which it can be obtained for
community are set in the contract. It simply was not possible for anyone
to improve on that position. All Souls and Gillick entered into their
Option Agreement . FKRL was not and could not be at the table for that
agreement. Essentially, that was that. All that hard work to get Kensal Rise
classified as an Asset of Community Value was defeated. FKRL had no
position from which legally to negotiate.
So
– sorry for my bluntness – but the Trustees of FKRL couldn’t change
that. Anyone who thinks that it was in the legal control of FKRL to get
any better position is plainly wrong. The contract between All Souls and
Gillick’s company is enforceable in law, and FKRL has no standing in
that contract.
If
people want to object to the planning application, that is up to them.
There may be tactical considerations but it is hardly my place to
comment on that – I don’t know all the facts nor am I a Kensal Rise campaigner
nor resident in Kensal Rise. But – from the (involved and caring) outsider’s
position, forgive me for saying this. The Brent SOS campaign has brought
so many magnificent hard working people together, forged alliances
across party lines and worked very hard for the public of Brent .
Because of that, Kensal Rise MAY well actually get a library. Can people
celebrate that? I am sure that they will work together to ensure that
will happen.
But
may I personally pay a huge tribute to my chief contacts – firstly, the
truly magnificent, totally committed, fearsome and fearless - and hard
working beyond all measure - Margaret Bailey Apart from all her
physical work along with others “manning” the much lamented and iconic
pop-up library, I have been in contact with her, as she sat up all night
for days getting documents drafted and in , e.g. on the planning)
.And - let us not forget – it was Margaret. who took the risk on the
court case in her name. As a lawyer, I understand the courage and
genuine risk of that - however much she may minimise it, in her
inimitable fashion. And, of course, Laura Collignon , who has in
addition to all her work in the complex, lengthy and multi-layered
campaign for Kensal Rise, marshalled the mixed , feisty and totally committed
members of the Brent SOS overall steering group in some of the best
run meetings I have ever witnessed .
