Early Notice - controversial planning applications coming up at Brent Council Planning Committee on January 22nd

The next Planning Committee on Wednesday 22nd January, 6pm,  at Brent Civic Centre will be deciding some controversial planning applications:

1 Olympic Way, Wembley, HA9 0NP (Ref. 19/0395) PDF 485 KB

Preston Library, Carlton Avenue East, Wembley, HA9 8PL (Ref. 19/1305) PDF 997 KB

Granville Centre, 80 Granville Road, London, NW6 5RA (Ref.19/2378) PDF 774 KB

19 Dudden Hill Lane, London, NW10 2ET (Ref.19/2688) PDF 834 KB

Playground, Salusbury Primary School, Salusbury Road, London, NW6 6RG (Ref.19/2136) PDF 336 KB

To request to speak on any of the applications contact: Contact: Joe Kwateng, Governance Officer  Email: joe.kwateng@brent.gov.uk; 020 8937 1354

Duffy calls for statement on Paddington cemetery asbestos at tonight's Full Council meeting

Cllr John Duffy (Kilburn, Labour) has written to the Mayor of Brent requesting that Carolyn Downs (Brent CEO) or Cllr Tatler (Lead Member for Regeneration) make a statement on the Paddington Cemetery asbestos issue at the begining of tonight's Full Council meeting.  The meeting will be live streamed HERE.

This is Cllr Duffy's letter to Cllr Chohan:

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 As you aware the issues of Paddington Cemetery has been highlighted by officers in this weeks Kilburn Times, saying the results of test for Asbestos is at a low level which is true, albeit he samples were taken after the Asbestos was removed and now only a trace of the Asbestos can be found. 

Whereas it true that tests now show a low level of Asbestos now, however the main issue has always been did the council knowingly dumped builders rubble in Paddington Cemetery. The truth remains the same once they found the 60 kgs of Asbestos in Carpenders Park, all consignment to section 3D in Paddington Cemetery should have been halted immediately .It was reckless for the council to continue to delivery waste without a full screening process being carried out to ensure no Asbestos or indeed builders rubble remained in the loads.

It is clear the council is fully responsible and the council in-house Audit Advisory Committee (AAC) Report clearly confirms this (now that it has been reluctantly released) when it states:

  "The Audit review report concluded that procurement procedures within the Cemeteries Service were inadequate at the time that work was undertaken at the cemetery ".

 In layman's terms this means the council had no procedures to ensure the so called London Clay (rubble), which was to be delivered to Paddington Cemetery, was screened and was safe to used for burials plots.

Mr Mayor, you may not be aware that at the moment residents pay approx. £3k for a burial plot, which is describe as being buried in Earth on the councils web-site. However what residents did not pay for or expect was their loved ones to be buried in builders’ rubble. Neither did they expect, that when a re-opening of a grave takes place the excavation has to be carried out by a specialist team in masks and protective clothing. This is clearly the legacy of the reckless mistake by Brent council of failing to   implemented adequate screening processes.

Mr Mayor I am the first to recognise and I am grateful that officers / Senior Councillors accept their past mistakes and have subsequently decided to publish the AAC report. I am also grateful to the officers for agreeing to interview all staff (which I assume is underway) that were present when the incidences took place in August 2015 and May 2017. This was a glaring omission from the AAC report and is ultimately the only way we can confirm how much Asbestos was discovered and indeed indicate how much asbestos remains. Hopefully this will also expose whether the workforce were instructed to work on the mound after the discovery of Asbestos on May 9th 2017 without protection. I furthermore believe the change in the council position to ensure that the council will now liaise with the school and local residents, before the removal of the rest of the contaminated waste takes place is welcomed by everybody concerned. This should ensure adequate safety measures are in place. However I believe it is important that the council continues to be transparent and does not revert to secret meetings where residents are banned from attending or even reading the report.

Therefore Mr Mayor I am hoping for the sake of clarity and transparency, you will grant time at the beginning of tonight’s Full Council meeting, to allow either the CEO or the Lead Member for the Environment to make a statement addressing the issues mentioned above concerning Paddington Cemetery. I am sure the statement will take less take less than 5 minutes and reassure residents/ grave owners of the transparency of the council. The statement should also include plans for compensation to the grave -owners who have buried love ones in section 3D who paid for soil /earth interment and ended -up with builders' rubble. I believe that head of finance should also give an estimate on the total cost to the council, which I believe will be somewhere around the 1 million pound mark.

Mr Mayor please replies to all people who have been copied in, as they have all indicated they are interested parties.

Brent CEO apologises to Salusbury Primary School over asbestos

Salusbury Primary and Paddington Old Cemetery

Carolyn Downs, Brent Council Chief Executive, publicly apologised yesterday evening for the Council's failure to contact the headteacher of Salusbury Primary School over the possible asbestos contamination at Paddington Cemetery, which borders the school.

Ms Downs was moved to apologise after parents  had told the meeting about their fears for their children's health when they heard about the issue earlier this year. Several parents pointed out that the children grow vegetables in the school garden adjacent to the cemetery, The area has been closed off to pupils pending investigation of the soil. Parents said that even if they had not been told it was incumbent on the Council to inform the headteacher so that she could decide what action to take.

The Chair of Governors of Salusbury Primary requested a clear timeline of Council action to reiterate their commitment to making the area safe. She asked for the school to be consulted over the timing of the proposed removal of soil from the cemetery mound. She asked for much better communication and transparency.

Council Officers had argued  earlier that they had received advice that there was more public risk in raising parental anxiety by publicising the issue than the low risk posed by the asbestos contamination itself.

The CEO had earlier told the meeting that the full report into the asbestos had only been withheld from the public in case there was enough evidence to press criminal charges against those who had dumped the asbestos.When it was clear that there was insufficient evidence the report had been published on the council website. LINK

During the meeting the tension between Cllr John Duffy, who has pursued the issue relentlessly, was palpable. Duffy was confined to making interventions from the audience and his contributions were frequently curtailed or interrupted by Amar Dave, Head of Regeneration who was conducting the meeting. I think it would have been better if Duffy had been invited to join the panel and make his contribution alongside Chris Whyte (Operational Director of Environmental Services), Michael Bradley (Head of Audit and Investigations) and Simon Clennel-Jones (of Delta Simons who prepared the investigation of asbestos at the cemetery). That would have enabled him to make a clear presentation of his own investigations and answer questions from the audience.

Duffy contested whether Michael Bradley's report had been truly independent, he wanted an external investigation, and pointed out that the Delta Simons investigation had analysed soil samples after soil had been removed to the West London Waste Authority facility.

Cllr Duffy protested that the Bradley investigation had not interviewed gravediggers at the site, the people most at risk because their daily work disturbed the contaminated soil, and had spoken to managers instead. He was told that workers would now be interviewed.

The Simon Delta report had emphasised the low risk posed by the incidence of asbestos found which they said was normal for an urban environment but a member of the audience pointed out the section in their report that stated:

Nevertheless, the Client as landowner (and potentially as employer) has a duty to manage to ensure exposuresis kept as low as reasonably practicable; further, the assessment has identified the potential for exposures to exceed a level at which has been considered in civil litigation as being a material contributor to a case of mesothelioma. (Para 8.1)

Officers said that Veolia had advised their workers to contact their GPs over possible exposure which raised for me what appeared during the meeting to be a grey area of responsibility between Brent Council, as a public body, and Veolia, a multi-national company.

This was evident when Friends of Old Paddington Cemetery LINK raised issues about works, other than asbestos related, at the Cemetery which was listed on the National Register of Parks and Gardens and where English Heritage should be consulted about any changes.  The Friends had been distressed about the destruction of footpaths to accommodate new graves without any consultation. It was unclear from responses whether the council had been fully informed of works Veolia had carried out.

Officers said they were going to remove all the soil from the 'mound', the area where the suspect soild had been dumped as a way to reassure residents.

After the meeting it was clear that some residents still did not feel they had the full pictures and there was particular confusion over key dates and what took place on them. The timeline promised by the council may address this or it may raise further questions.

Other Brent councillors were present at the meeting, including Muhammed Butt, leader of the Council,  but none spoke except for Cllr Duffy.

Damning photographic evidence of reckless asbestos removal at Paddington Cemetery

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 'We expect our children to be safe when we send them to school. We do not expect the Council to poison their air'

Cllr John Duffy has written the following email to Brent councillors:

Since I wrote my last email, I have received fresh photographic evidence from a resident that is most disconcerting. On the 1^st of December 2017, the council employed a firm to remove approx 15 tonnes of contaminated soil from the graveyard. This procurement seems to have been done in haste as the company employed are not, as far as I can research, experts in the removal of contaminated and waste and their employment followed no proper procurement rules - as if often the case for Brent. I  also do not know whether they are licensed to carry the contaminated waste.

The company removed the soil by mechanical shovel, which is totally the wrong way to proceed. The way the operation was carried out raised a considerable amount of contaminated dust. The council did not supervise the operation or ensure a risk assessment took place. The operation failed to fulfil the basic H+S standards when dealing with Hazardous /Contaminated waste. The use of the shovel and the removal should be carried out in a more controlled fashion to try and limit making airborne dust. The area was fully open to public while the operation took place ,the waste was then placed in an open lorry rather than a locked skip which is required in guidelines on the Control of substances hazardous to health (COSHH).

However the worst aspect of the operation was that it took place just feet from the children's playground/garden of  Salusbury Road Primary School.  No risk assessment was done and no effort was made to inform the school to keep the children safe inside during the operation.  Furthermore no effort was made to contain the dust clouds.

The CEO, the Leader of the Council and Lead Member for the Environment must now stop trying to impede an Independent Investigation establishing the full facts of how the waste arrived at Paddington Cemetery and the question of whether workers were instructed to work without protection. 

However, the first thing we must do as a priority is to contact the school and find were children and staff present during the operation. This can be done by comparing class timetables against the work schedule.(I have copied in the head of the school) and establish why the school was not informed that the operation was going on.

I am concerned that the Leader and Cabinet’s decision not to insist on an independent investigation and their failure to ensure the workforce be interviewed has brought the council into disrepute and undermined the workforce human rights. 

I will be moving at tonight's meeting that we set up an independent investigation, as set out in my previous email, to reassure, the workers, residents  grave owners and the school we have nothing to hide and there will be no more cover-ups.

Cllr Duffy adds:
 

I would like to thank Baroness Jones for adding her support to the Friends of Paddington Cemetery. Hopefully, we will now see the commission of an Independent Investigation, where all the individuals who were exposed to asbestos will be interviewed.I believe it is the duty of the CEO and the Leader of the Council, along with the Lead Member for the Environment, to cease the prevarication and answer the questions Baroness Jones has raised.

Namely - 

(1)      Did Council officers knowingly send waste contaminated with asbestos to Paddington cemetery in August 2015 in spite of the fact that they understood it would be disturbed during the burial and gardening process and this would lead to the work-force being exposed to the asbestos?

(2)      On the 24^th June 2017, did Council officers instruct workmen to work on the mound without protective overalls and masks and training?  I believe this to be a very serious matter that put both the workmen and public at risk .

(3)      Why are the CEO, Leader and Lead member for the Environment unwilling to contemplate interviewing the workforce who have been exposed to asbestos since August 2015 and including those exposed to the contaminated dust on June 24^th 2017?

On Friday I spoke to ACAS and they told me it is the responsibility of the CEO as the senior officer to ensure the council fulfils its duty of care to the council’s employees.  This means they should take all steps, which are reasonably possible, to ensure their health, safety and wellbeing. Demonstrating concern for the physical and mental health of your workers shouldn’t just be seen as a legal duty. Legally, employers must abide by relevant health & safety and employment law, as well as the common law duty of care, but they also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury, and must fulfil their responsibilities.  I am sure everybody is aware that this would include knowingly instructing workers employees to work in an area contaminated by asbestos without protection.

Salusbury Academy Federation split?

Unconfirmed reports are reaching me that the Park Federation Academy Trust LINK  have pulled out of the federation arrangement with Salusbury Primary School.

The split is alleged to have happened as a result of Salusbury staff being unhappy about the possible imposition of a headteacher by the Park Federation's Chief Executive.

The federation is made up of two large primary schools in Hayes, Cranford Park and Wood End Park. Its website currently carries no mention of Salusbury Primary. Park's Chief Executive is Dr Martin Young.

Salusbury governors decided to join  the federation following pressure from the DfE  to become a forced academy as a result of a critical Ofsted report. Gladstone Park Primary parents are fighting the imposition of academy status after the school was given Grade 4 by Ofsted despite previously being Grade 2 and having above average SAT results at Key Stage 1 and Key Stage 2.

Salusbury Primary avoids having academy sponsor foisted on them by choosing their own partner

The Brent and Kilburn Times LINK is reporting that Salusbury Primary School has found a partner (unrevealed) and will convert to an academy. The school which received a poor Ofsted report was faced with the possibility of being forced to become an academy by Michael Gove who would himself have found a sponsor.

It appears that the governing body moved quickly so they at least had a say in who would be their partner. Downhills Primary in Haringey,  who fought hard against academy status were eventually faced with a similar situation ended up with Lord Harris of carpet fame being chosen by Michael Gove as their sponsor.