Kensal Rise Library fails to meet reserve price at auction

Kensal Rise Library put up for sale by owner Andrew Gillick, failed to meet the reserve price of £1.25m at auction today.

Two bidders stuck at £1.2m and when the reserve price was not reached were invited to meet up with Gillick's representative by Allsops the auctioneer.

Allsops were aware of controversies surrounding the sale and background documentation available for inspection, which was said to be about three inches thick, included the fact that 'caretakers' were on site.

Among those who attended the auction were Meg Howarth, Margaret Bailey of Friends of Kensal Rise Library and  Nathalie Raffray, a reporter from the Kilburn Times.

The auction was livestreamed to the public.

There is an update on the Save Kensal Rise Library website HERE

Late addition. Here is Brent Legal's view of the auction as sent to Friends of Kensal Rise in December 15th:

 

Andrew Gillick to 'dispose of' Kensal Rise Library building

The Friends of Kensal Rise Library have announced on their website that they have been informed that the owner  of Kensal Rise Library (Andrew Gillick) has notified Brent Council that he intends to dispose of the building LINK

The FKRL assure supporters that the D1 space, set aside for community use, is protected in any disposal by the owner because All Souls College retains control and disposal includes the 'encumbrance' of the Planning Committee's decision. Any new owner who wanted to change that decision would have to submit a new planning application.

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?

Cllr Mashari offers Preston Library Campaign volunteer library possibility

A crowded  public meeting of the Preston Library Campaign heard speakers from Brent Labour, Liberal Democrats, Conservatives, Greens and TUSC on the future of the closed Brent libraries. A full account of the meeting can be found HERE on my colleague Shahrar Ali's blog.

At the end of the meeting a show of hands clearly demonstrated support for a professionally staffed and publicly funded library with a slightly lower number in favour of a volunteer run library. However, afterwards some indicated if a voluntary run library was the only solution they would reluctantly support that.

Cllr Roxanne Mashari, lead member for environment, was clear that no budget existed for a re-opening of the library due to central government cuts in local authority funding. She cited her negotiations with the Friends of Kensal Rise Library as a precedent for Preston.

She said that when the ex-Preston Library building was no longer required by Preston Park Primary School in a year's time, the Council would be willing to rent it out to a voluntary group at a peppercorn rent. The Council would also be prepared to give the building ACV (Asset of Community Value) status. All this would be conditional on a robust business plan for the project.

Blunt speaking in favour of Friends of Kensal Rise Library

Guest post by Gaynor Lloyd
 

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 .  

Two women who truly deserve accolades for the extraordinary position that FKRL has got itself to. (With many apologies to those who have doubtless also worked very hard in the campaign!)

Time for a public debate on Kensal Rise Library issues

At the beginning of this month I carried a 'Guest Blog'  LINK from trustees of the Friends of Kensal Rise Library on why they had reached an agreement with the developer, Andrew Gillick. This has attracted many comments with the debate becoming quite heated at times. I posted an update on the planning application for the redevelopment of the library building on Saturday LINK which has also attracted debate.  The revelation of the option agreemment between All Souls and Andrew Gillick LINK added another dimension to the discussion.

There are three main questions arising from the debate as far as I can see:

1. Is the agreement the best deal possible for the campaign to safeguard a community library space in the building, is it secure and will the Friends be able to raise the necessary funds for the upkeep and running of the space?
2. Should the police investigation into the fraudulent emails supporting Andrew Gillick's first planning application be concluded before the Brent Planning Committee considers this planning application and would a delay put the acquisition of the community space in jeopardy?
3. What are the ramifications of the option agreement and should it be submitted as evidence to the Planning Committee?

Having hosted this debate on Wembly Matters I do recognise that it has reached only a small number of people but concerns a whole local community.

As the issue is clearly controversial with strong opinions voiced on both sides, I wonder of there should be a public meeting where some of these matters can be thrashed out, starting from the assumption that everyone wants to retain a library presence in the building?

The consultation closes on April 28th and there is a possibility that the application will go to the May 14th Planning Committee, a week before the local elections.

What do Brent councillors think about deferral of Kensal Rise planning application?

A lively and at times passionate debate is taking place on these pages over the redevelopment of the Kensal Rise building.

The article has attracted more comments than  almost any other on this blog and I am posting this to invite readers who may have missed it to join in.

In particular I am inviting councillors and council election candidates to respond to what is clearly an important local matter.

One major theme is whether the planning application should be deferred until after police have completed their investigation into the alleged fraudulent emails submitted in support of the developer Andrew Gillick's previous planning application. LINK

Other matters include whether the space offered to the trustees of Friends of Kensal Rise Library for a community library is sufficient, and how robust that agreement is.

The original article by the trustees of the Friends of Kensal Rise Library and subsequent comments can be seen HERE

Since this was written responses have started coming in via Twitter. I will update here:

1. Martin Francis ‏@WembleyMatters 1h

   .@CllrButt What do you think? http://www.wembleymatters.blogspot.co.uk/2014/04/what-do-brent-councillors-think-about.html …
2. Cllr. Muhammed Butt ‏@CllrButt 1h

   .@WembleyMatters we have a statutory responsibility to look at application. 1000's apps in Brent. Do we check the person or application

   
   

    Vicky Zentner ‏@vickyzentner 56m

   @WembleyMatters @CllrButt isn't ignoring the suspicion over fraudulent emails at very least morally wrong and at worst, collusion?
3. Meg Howarth ‏@howarthm 47m

   @CllrButt Both person& app.need flagging up.Planning cmtee statutorily independent&can vote to defer hearing>
4. Alex Colas ‏@AlexWG2014 18m
   

   .@WembleyMatters Planning cmtee should defer decision on this application until investigation into fraud allegations are completed.

@WembleyMatters 1/2 Strongly agree planning app should be deferred until outcome of investigation. Result might invalidate, for example. Alison Hopkins  @Hopkins_Alison   @WembleyMatters 2/2 FKRL know if space enough. I want VERY watertight legal guarantees. I've bad experiences with developers (Brent X!

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

Kensal Rise Library sell-off 'a breach of faith' by All Souls College

The Trustees of the Friends of Kensal Rise Library  have written to the Warden and Fellows of  All Souls College LINK asking them not to proceed with the sale of the library building to property developers.

The Trustees set out in detail why they think they have been  'misled by the College, and in particular
the Bursar, Mr. Thomas Seaman', as to the College's intentions in relation to Kensal Rise Library'.

They set out the inadequacy of the proposal to charge the Friends of Kensal Rise a market rent for a much reduced space. They descibe as 'cavalier' the Bursar's statement that if FKRL did not want to run the library the College would find someone else who would.

They go on to say:

While the College is not responsible for the folly of the Brent Council officers and councillors who caused the library to be returned to the College, we had hoped for a resolution that would advance our mutual charitable purposes in a more meaningful and sustainable manner.

Moreover, we represent a larger community that sees the College’s current proposal as nothing short of a breach of faith with this relatively poor area of north-west London, from which it has already profited handsomely. Although the College donated the land, the library building from which the College and Mr Gillick (the developer) now seek to profit was not paid for by the College, but by public subscription and a donation from Andrew Carnegie, the philanthropist.

Setting the record straight on All Souls' 'support'

Thanks to Jodi Gramigni  for this update:

I felt it was essential to provide an update on the developing situation with All Souls College, Oxford, due to inaccurate information being circulated by Thomas Seaman, Estates Bursar and Fellow of All Souls (http://www.all-souls.ox.ac.uk/people.php?personid=61).

He has said that the College is giving the library campaign the space that was requested in our bid. This is incorrect. In addition, their offer of support is a fraction of the over £1m in proceeds that they expect to receive for the sale of the building, and is short term, leaving the library to secure resources to pay for commercial rents in perpetuity. An unsustainable proposition due to the very limited size of the space we are being offered. 

Laura Collignon elaborates:

“Just so you all know what this "support" means, All Souls College are selling the building to property developers who will turn it all into flats, except for the old children's section which will be demolished and turned into our new library. That is all we are getting. Oh, and it is suggested that we should pay a market rent for the space we get. And if we don't want to run a library on that basis, apparently they will find someone who will, because we have persuaded them of the importance of a library remaining there!!” https://www.facebook.com/groups/krlibrary/permalink/421730247880408/

All Souls are requiring the Friends of Kensal Rise Library to negotiate directly with the developer Andrew Gillick of Platinum Revolver Ltd, whose proposal includes partial demolition of the existing building which would require a change of use from Brent Planning (http://www.companiesintheuk.co.uk/ltd/platinum-revolver).

If this is the Colleges idea of support, god help us if they turn against us…

More details to follow soon.
Kind regards,
Jodi
about.me/jodi/gramigni
twitter: @jodigramigni