Showing posts with label FKRL. Show all posts
Showing posts with label FKRL. Show all posts

Tuesday 17 June 2014

Kensal Rise Library development decision deferred pending legal advice on fraud

The planning application by Andrew Gillick  for the redevelopment of Kensal Rise Library, closed by Brent Council, was deferred tonight at a dramatic meeting of Brent Planning Committee,

Committee membership was reduced by two members when Cllr Shafique Choudhary and Cllr Dan Filson withdrew on the basis that they had expressed strong views prior to joining the Committee.
This left 5 members, including the chair Sarah Marquis, to make the decision.

It had seemed that the fraudulent email investigation had been ignored when the meeting went ahead without any statement about deferment pending the outcome of the current police investigation into fraudulent emails that had supported Mr Gillick's last application.

Karl Abeyasekera, speaking as a member of the public drew members' attention to the fraudulent email issue saying that the 'guilty party' could benefit materially from this application. He called for the Committee to defer pending the outcome of the police investigation.

Stephanie Schonfield of the Friends of Kensal Rise Library spoke in support of the application  and said they had put their trust in All Souls College and the developer and hoped they would reciprocate by supporting FKRL to manage the community space. She regretted that they were only the preferred bidder and not the named occupant.

Horatio Chance, the Committee's legal adviser  told members that the 'binding agreement' with All Souls College was excempt from the Localism Act and had no relevance to the Kensal Rise building's Asset of Community Value status.

Following other contribututions, including a question from Cllr Amer Agha about the email investigation, and the developer's agent saying the community space had to be offered to other voluntary organisations  and ot resreved for FKRL, it looked as if the Committee was about the vote when chair Sara Marquis dropped her bombshell. She made a statement from the chair. She said that despite legal advice to the contrary she could not see why an ongoing police investigation into the previous application could NOT be a material consideration.

There followed a potentially testy but lawyerly interchange with Horation Chance, the Committee's legal adviser, on whether the Committee were legally bound to make a decision on the application on purely planning grounds, ignoring the email investigation. Chance in near exasperation declared that the legal advice  was clear and had come from no less a person than Fiona Ledden.

Marquis insisted the Committee needed further legal advice on whether the fraud investigation should be taken into account and when Chance could add nothing further she said that the Committee should vote on deferment. Various officers warned that the applicant might appeal to thre Secretary of State over the delay and seek compensation.

Cllr Roxanne Mashari, a Cabinet member and former lead member for Environment, who played a large part in brokering the deal with FKRL, made a late attempt to speak. Cllr Marquis rejected the request as the section for contributions had finished and she pointed out that the councillor had had the chance to put in a request to speak with the two days notice required of councillors.

The Committee voted on whether to hear the planning application, and only Cllr Kasangara, perhaps reflecting Conservative values, said that fraud was of no account and the vote on the application should go ahead.

The Committee then voted 3 for  (Cllrs Marquis, Agha, Hylton), 1 against  (Cllr Kasangara)and 1 abstention (Cllr Lia Colacicco) on the motion to defer the decision on the application until further legal advice had been obtained. This will mean the application  returning on the next cycle to the Committee that meets on July 16th.

This was not a vote to await the outcome of the police investigation but to decide if the investigation was something that the Committee should take into account.

It was also clear from the councillors' questions, or lack of them, that they were only concerned about minor aspects of the application itself, so it looks likely to eventually go through given the number of supporting letters. Unless there are further developments...

Cllr Sarah Marquis deserves credit for showing the sort of independence and toughness that one should expect from a Chair of Planning.

Marquis is a lawyer and specialises in fraud and white collar crime.

As a newly elected councillor, chairing her first committee, she has already made her mark.

Friday 13 June 2014

Police investigation into fraudulent emails not concluded but Kensal Rise planning application goes ahead


Curioser and curioser - Kensal Rise library occupied by tenants despite no change of use granted
Despite calls for the Kensal Rise Library planning application to be postponed until the police investigation into fraudulent emails has been concluded, the new application (by the same developer) will be heard at Brent Planning Committee next week.

For those without long memories, here is how the issue was reported by the Kilburn Times at the time of the last application, just 8 months ago LINK :
Council chiefs have called in the police over claims that emails supporting plans to develop an axed library branch were faked.


The action has been taken after an investigation by Brent Council into the allegations surrounding Kensal Rise Library concluded the case should be referred to detectives.

The council’s IT officers scrutinised the emails including IP addresses which are exclusive to each computer.

Cllr Roxanne Mashari, Brent Council’s lead member for environment and neighbourhoods, is responsible for libraries.

She said: “The council compiled a report after their own investigation and we have handed this over to police.

“Abuse of Brent’s planning system will not be tolerated.

“This has now escalated into a police matter and we await the outcome of the police investigation.”

In September, a council report added strength to claims by campaigners Friends of Kensal Rise Library (FKRL) that false statements were made against its fight to retain the Bathurst Road building for community use.

The report stated that when email notifications were sent to everyone who made a statement about the plans on the council’s website 78 were returned as being undelivered with 70 of those belonged to ‘supporters’.

Andrew Gillick, the director of Platinum Revolver Limited which took over the building from owners All Soul’s College in Oxford, hit back with claims that false objections against the application had also been posted on the council’s website.

He had applied for permission to convert the site into six flats, a cottage and a community hub but it was rejected by the council.

Margaret Bailey, chair of FKRL, said:

“We applaud the action of our council and it’s willingness to take seriously this attempt to subvert local democracy and mislead the public.

“Our community is strongly against this development for the library building and these fraudulent emails of support for the development were an attempt to divide and denigrate this community.

“Fraud is illegal and we support a thorough investigation by the police.”

Cllr Mashari added: 
“We must keep our eyes on the end result of securing a community library at Kensal Rise.

“I am ready to work with the community and any stakeholder to ensure that this happens and that it is viable and sustainable.”
The alleged illegality seems to have been forgotten, or swept under the carpet, with both Brent Council Planning officers and FKRL supporting Gillick's new application.

It appears to me that whether one is for or against the revised application, until issues around the previous application by the same developer have been cleared up, it will be tainted and should not be tabled.

What price Brent Council's commitment to preventing the subverting of local democracy? Sarah Marquis, with no previous experience as a councillor, but with experience as a lawyer, chairs the Planning Committee.

What does she think?

Wednesday 23 April 2014

Comments closed on Kensal Rise Library debate

There has been extensive debate about the Kensal Rise Library development on this blog which at times has been heated and even vixperous. I have decided to close comments now and instead will post on any new developments ahead of the May planning committee meeting.

Martin Francis

Wednesday 2 April 2014

Why Friends of Kensal Rise Library accepted developer's offer of space

In this guest blog the Trustees of  Friends of Kensal Rise Library explain why they they decided to accept the developer's offer of space in the building.


Many of you know that the FKRL Trustees recently decided to support the community (D1) aspect of the library building's re-development. We signed an agreement in good faith with All Souls College and the developer to this effect, trusting this would strengthen our position as future operators of the library and community space.

The proposal provides approximately two thirds (186m2) of the ground floor for community use, with FKRL as the 'preferred' tenants. The London Evening Standard called this: 'a landmark agreement with developers that could save Kensal Rise Library' (25th March 2014).

We feel you should know how we came to make this momentous decision and the factors that we were obliged to take into account.

Throughout almost four years of campaigning and negotiating, initially with Brent Council, and more recently with All Souls College and the developer, FKRL's objectives has been, and will remain, to re-establish a library and community space in the building. We trust and hope that our decision offers the community the best chance of this.

The decision is not without risk. However, there were risks involved in the other options open to us which we ultimately rejected. These included the following:

1. HOLDING OUT FOR MORE SPACE
  • The provision of rent-free space is an important factor for the sustainability of a community library. The current proposal is for rent-free community space, as this forms part of the agreement between All Souls College and the developer. Even if further space were to be available for community use, there is no guarantee that it would be rent-free.
  • Although the upstairs parts of the library were used for archive and staff purposes until the library closed, the ground floor is the only part of the library that has been accessible to the public in recent years, and planning officers noted and remarked on this when we met them in October 2013.

2. TRUSTING IN ACV
  • FKRL worked hard to persuade the Council to protect the entire building as an Asset of Community Value (ACV) in 2012. Just before the Council designated it as an ACV the College and the developer entered into a binding agreement that meant the moratorium period of six months that we might have used to prepare a bid for the building could not apply.
  • We may have prepared a bid to buy the building, but there would have been no obligation on the College to accept our bid.
  • If change of use from community to part-residential/part-community use was refused and the whole building remained in D1 (community) use as an ACV, the developer could rent it out for other community uses: for example, as a religious place of worship, doctor's surgery, or school. The planning process cannot dictate that the community space must be used as a library.
  • There is no guarantee that any of the space will be used for a library or for anything that this community might want or need, nor who will be able to use the space.
  • ACV does not determine ownership. The owner remains the same. The community does not own the building.

3.  HOPING THE PLANNING APPLICATION IS REJECTED
  • If the most recent planning application is rejected, the developer could go to Appeal or submit another planning application. This could continue for years, during which there would probably not be any community access to the building.

4. HOPING THE DEVELOPER SELLS THE BUILDING
  • If the developer decided to sell the building, substantial seven figure sums would be needed not only to purchase but also to refurbish. The developer would be under no obligation to sell it to FKRL or to the community.
  • There is no guarantee that any new purchaser would be obliged to grant a rent free space space to the community.

FKRL made their decision after very carefully analysing the risk of losing the space proposed in the latest planning application, We have always endeavoured to act fairly, honestly and openly in our negotiations with the other parties and have entered into this agreement in good faith.

Kensal Rise Library's last librarian - before it was closed - said of FKRL's achievement and of the space currently on offer:
I'm sorry you weren't able to get as much space as you wanted, obviously the more the better. I think though that you've still got enough space to have a really good community library. There are certainly nice libraries that are smaller than the area you've got.

You have done a fantastic job in my opinion in saving the library. I really hope that as a group you don't let any disappointment about not getting everything you wanted overshadow what you have achieved. The odds were stacked against you and the people running Brent Libraries were determined Kensal should close. I'm sure that you will make a success of running the library. It really will be valued by local people after the fight that has been put up to save it.
Karl Hemsley (25 March 2014).
We are encouraged by the support of the Lead Member for Libraries at Brent Council, Cllr Roxanne Tessa Awe, Mashari, and by the present and future backing of Ms Tessa Awe, CEO of Brent CVS (Community, Voluntary Sector). There is tremendous community support for the library and the campaign to save it, and we know local people will embrace a new community library if, as we hope, we are given the opportunity to run it.

(FKRL have not been asked to comment on the whole of the planing application, only on the space proposed for D1 (community) use in the redevelopment. The Council is consulting the local community about the planning application in the usual way and everyone is free to comment on all aspects of the proposal.)

WE TRUST THAT THE ABOVE WILL GIVE ALL OUR SUPPORTERS AND THE PUBLIC AT LARGE, A CLEAR UNDERSTANDING OF THE REASONING BEHIND OUR ADOPTING THIS POSITION AND WE VERY MUCH LOOK FORWARD TO OPERATING A COMMUNITY LIBRARY FROM THE D1 SPACE IN DUE COURSE.

Trustees of Friends of Kensal Rise Library