Kensal Rise Library application to be heard following legal advice

The controversial planning application for Kensal Rise Library has been tabled for the Planning Committee Meeting of July 16th following legal advice. The item had been deferred at the last meeting LINK in order to seek further legal advice on whether the investigation into fraudulent emails supporting the developer's previous application was a 'material consideration'.

The new report LINK states:

1.     The Council has obtained advice from leading Counsel, Richard Drabble QC, since deferral of the decision by Members on the 17 June. The advice was required to establish whether the Committee could lawfully determine the current application having regard to the fraudulent emails, in support of the application, received during the consultation process in respect of planning application reference 13/2058. Counsel has endorsed the views given by officers, by correctly identifying that such claims of fraudulent activity, are not a material consideration for the purposes of assessing the current application.

2.     Counsel contends that he can see no reason why the grant of planning permission on the current application should prejudice the police investigation into whether earlier representations were bogus or fraudulent. In these circumstances Members are obliged to determine the application on an objective assessment of material planning considerations alone.

3.     3.The Council’s statutory duty also extends to determine planning applications within a reasonable period of time. Accordingly, any unreasonable delay by Members in deciding the current application second time around could result in the developer lodging an appeal to the Secretary of State (Planning Inspectorate) under section 78 (2) of the Act on the grounds of non-determination. Effectively, the Secretary of State would step into the shoes of the Council as Local Planning Authority and determine the application. If the matter were deferred again without proper justification for doing so, the Council will inevitably incur legal costs in dealing with and defending the appeal. The Council may well have to pay the developers professional costs as part of this process, if an order for costs was made on that basis. However, it is very difficult to predict what the overall costs are likely to be, but an estimated guess could run into thousands of pounds. In this respect Members should be mindful of the Councils fiduciary duty towards the local tax payer when balancing the degree of risk.

4.     In relation to the building being listed as an Asset of Community Value under the provisions of the Localism Act 2011 and the relevance of the listing status vis a vie the decision to be taken on the planning application the comments contained within the body of the report are duly noted by officers. Members should however, be reminded that inso far as FOKR being named as “preferred tenant” of the D1 community space, this is not an issue the committee should purport to determine as part of the planning process.

5.     In summary, and for the avoidance of doubt, Members are under a statutory duty to determine the planning application within a reasonable period of time; and that neither the requirements of coming to a proper planning decision or any need to avoid prejudice to the police investigation require any further delay.

RECOMMENDATION

Grant planning permission subject to the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Head of Planning or other duly authorised person to agree the exact terms thereof on advice from the Director of Legal Services and Procurement.

Calls to support demonstration at Israeli Embassy on Saturday

As the Israeli army mobilises close to the Gaza strip Brent and Harrow Palestine Solidarity Campaign and Brent Stop the War are urging supporters to join the demonstation outside the Israeli Embassy in London at 2pm on Saturday.

The Palestione Solidarity Campaign said

Palestinians are currently facing a horrific escalation of racism and violence as the Israeli State pursues a strategy of collective punishment following the abduction and murder of three Israeli teenagers (read PSC's statement>).   Today we learnt of the abduction and brutal death of a Palestinian teen – 17 year old Mohammed Abu Khdair in what has been described in the press as a ‘revenge’ attack by Israeli terrorists.   Mohammed’s body was found in Jerusalem after a day and evening of Israeli protests that turned into mobs streaming through the streets of the Old City and east Jerusalem chanting ‘Death to Arabs’. Palestinians were pulled from their cars and beaten.   Palestinians protesting against Mohammed’s death on Wednesday were met by rubber bullets and tear gas from Israeli police, with a Palestinian TV crew and protesters injured.   The Israeli leaders incited the mobs, including Netanyahu, by their calls for ‘vengeance’ against ‘human animals’, and Defense Minister Moshe Ya’alon talked about “settling the score”.   Calls for justice for Mohammed’s murder and restraint from our government, are woefully inadequate, given the current situation. The British government must clearly condemn Israel's incitement to hatred and violence. They must take action to end Israel’s crimes, violence, occupation, racism and apartheid – and end its war on Palestinians.

Greens are backing the Great Public Sector Strike on July 10th

The Green Party will be supporting the strike of public sector workers taking place next week on Thursday July 10th. Six public sector unions and more than a million workers will be on strike over fair pay and pensions.

The Green Party is strongly supportive of the public sector and the millions of its workers who contribute positively to society as fire fighters, teachers, teaching assistants, council workers and in many other roles.

Government attacks in the form of worsening conditions of services, a virtual pay cut and rise in pension age have been accompanied by privatisation and a substantial cut in local government funding.

This is not just an attack on workers and local government but part of the Government's agenda to roll back the welfare state and the post-war settlement.

Green Party members will be joining picket lines, marches and rallies next Thursday.

In Brent there will be a picket line and demonstration outside the Civic Centre before workers travel to the Central London demonstration which will assemble at Portland Place.

North West London United against return of fascist group to Cricklewood

Racists and Fascists are once again targeting Brent. The South East Alliance have said they are returning to Cricklewood Broadway on July 19th after the local community mobilised against them a few weeks ago.

The group are pretending that they are protesting about a Muslim Brotherthood office above a shop despite the fact that the police said the occupants have left, and in any case they were not the Muslim Brotherhood itself.

The real reason is that the racists can't stand the fact that not only is Brent multi-cultural but that the community gets on well together most of the time and people are positive about being part of a diverse neighbourhood. They are prepared to stand up and defend their neighbours and their neighbourhood.

The SE Alliance come from outside the area in order to stir up racial and anti-Muslim prejudice. An adhoc group has been formed called North West London United to oppose them on July 19th. NW London United aims to bring all members of the community together to tell the South East Alliance that they are not wanted here.

North West London United has prepared a statement that they ask people and I have been happy to do so:

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The South East Alliance (SEA), a group of racist, Islamophobic thugs is threatening to return to Cricklewood on Saturday July 19^th. This group, made up of remnants of the Essex branch of the EDL, includes known fascists and has links to Ulster loyalists. They say they are demonstrating against the headquarters of the Muslim Brotherhood, but since that organisation moved to Austria in April before the SEA came to Cricklewood on 14^th June, they clearly intend simply to bring their message of hatred to disrupt Cricklewood’s vibrant multicultural community.

In Cricklewood, as in the whole of North West London, we are proud of our diversity. Here people live and work together, children study, play and grow up together in mutual respect, regardless of faith or skin colour, language or place of birth. We will not tolerate attempts to divide us or stir up hatred. We stood united on June 14^th to show the SEA that there is no place here for their racism and Islamophobia. We ask you to join us on 19^th July to do the same again.

Please add your name to this statement either by signing below or by emailing

nwlondonunited@riseup.net

London Councils warns funding cuts will hit rising school standards in the capital

Government changes to education funding will undermine rising school standards in the capital, according to new analysis. 

The Department for Education is consulting on changes to the Education Services Grant (ESG), which funds a raft of critical services such as school improvement, education welfare services and supporting pupils with special educational needs. The consultation includes an intention to cut the ESG by at least 20 per cent in the next year.

London Councils, which represents London’s 33 local authorities, in its consultation response expressed concern that the proposed changes risk undoing the fabric that has delivered unrivalled and continued success in London to raise school standards and improve children’s outcomes. 

Through the London Challenge scheme, involving councils and schools working in partnership, London’s schools have been transformed from amongst the worst in England and Wales in 2003, to the best-performing today, even when taking deprivation into account. 

The proposed reduction of funding, amounting to £24 million in 2015/16, will limit the ability of local authorities to deliver school improvement services.

London Councils’ analysis notes the proposed changes outline a government vision that seeks to limit the local authority role in school improvement to support all schools. This is inconsistent with how parents see the council role, how Ofsted see the council role, and even how the government itself has said it sees the council role.

London Councils’ analysis also outlines a number of changes that could impact support available to pupils and to improve the quality of education in the capital:

• The proposed funding does not recognise the higher costs in London to deliver services. Ignoring the higher staff and delivery costs in London means ESG funding will not go as far to support schools and children in the capital as it would for other regions in England.  London Councils is calling on the Department for Education to include an “Area Cost Adjustment” for the capital that will reflect its higher costs.
• London has experienced the largest growth in the number of pupils with special education need (SEN) statements in England. Demand increased by seven per cent between 2009 and 2013 in London, compared to two per cent nationally. A reduction in funding for support services delivered through ESG for these children would go against rising demand. London Councils is urging Government to ensure that adequate funding is provided to reflect the growing numbers of pupils with SEN.
• Academies will continue to enjoy extra funding, amounting to £54 million nationally, in comparison to local authority maintained schools for the foreseeable future. The DfE has set out an intention to move towards equal levels of funding; London Councils calls on the government to speed up this process and set out a transparent timetable to put into effect. 

Mayor Jules Pipe, London Councils, said: 

London local government is determined that efficient and high quality education is delivered across London and has led the way in ensuring school and pupil outcomes continue to improve – the capital’s schools are now the best performing in England and Wales.

Parents, Ofsted and the law all see a local government role in supporting rising education standards.

The changes in the government’s consultation sit awkwardly with this and will result in confusion for parents about who is responsible for tackling performance issues in all local schools.

The Department for Education must ensure any changes are consistent and do not unfairly affect London parents, who are already worried about the looming school places crisis. 

Become a 'Healthy Space Champion' on Chalkhill

The wildflower meadow at Chalkhill Park

From Well London Chalkhill

As part of the Chalkhill Well London we have some exciting new training to offer you…

If you want to make a change in your local area by learning how to champion food growing, wildlife and biodiversity then come along to FREE training to become a Healthy Space Champion!

Training is open Open to the Well London team and all Chalkhill residents.

You’ll learn about the benefits green space can have on health and well-being and can champion this in Chalkhill. This learning will be done through discussions, group work and practical workshops led by a Community Gardener.

Training takes place in Chalkhill on Thurs 7th Aug, Thurs 14th Aug, Thurs 21st Aug, Thurs 4th Sep. From 6.30 to 9pm.

You will also have the opportunity to create ‘Active Living Maps’ of Chalkhill and use these to inform others where the best places are to improve health and wellbeing. The training includes an ‘inspirational visit’ to a community green space to see urban food growing and / or biodiversity and wildlife in practice.

If you think you can champion green space in your area and support other residents to improve their local environment then please contact Michael Stuart on 07568 575580 or m.stuart@cvsbrent.org.uk  to apply for your place.

Fairview Homes appeal to demolish the Queensbury Pub to be heard

It looks like the Planning Inspectorate may have to open an office in Brent! Fairview Homes have lodged an appeal against Brent Council planning committee's refusal of their plans for the Queensbury pub site at 110 Walm Lane. Fairview want to demolish the Asset of Community Value and replace it with a block of flats.

The hearing is expected to last three days. The Planning Inspector's letter can be found HERE

The Planning Inspector calls on Brent Civic Centre on July 22nd

The closure of half of Brent's libraries continue to reverberate throughout the borough. After the controversial Kensal Rise planning committee deferral and the revised Cricklewood plans, we have a Planning Inspectorate hearing at the Civic Centre on July 22nd into the Barham Park complex of buildings which includes the closed down Barham library.

 On their website Friends of Barham Library write:

A Planning Inspector will hold “informal sessions” to consider Brent Council's Appeal against Refusal of their planning application on Tuesday 22 July at the Civic Centre Empire Way starting at 10a.m.

Brent Council submitted a planning application to change the use of the closed Library space and other parts of the building away from general ‘community uses’. they did so to enable ACAVA to convert most of the building to 29 artist studios for rent.

Friends of Barham Library and others opposed this. The Planning application was REFUSED by the Planning Committee by 6 votes to 1 in November 2013.

Despite this clear decision the Labour Councillors running Brent decided to use taxpayers money to Appeal against the decision of the Council’s own Planning Committee. The Appeal will be decided by an independent Planning Inspector and this is why they are holding these informal session.

Friends of Barham Library will make representations to the Planning Inspector and continue to oppose the Appeal as the consequence is the effective taking away of the buildings in Barham Park away from local people.

The actions of Brent Council are a direct contradiction with the agreement of 22 October 1936 when Titus Barham gifted his home to the people of Wembley when he expressed his wish as follows:

“The settlor is desirous that (his home and gardens) shall be preserved for and dedicated to the recreation of the public”

In our view Brent Council should honour this wish.