Guest post by Philip Grant in a personal capacity
“Altamira”, 1 Morland Gardens, on 30 October 2023 (a significant date).
I’ve lost count of the number of guest posts I’ve written about Brent
Council’s plans to redevelop (and demolish!) this locally listed heritage
Victorian villa, then home to Brent Start, since they first submitted a planning application in
February 2020.
The proposed development was mentioned in a report to Brent’s Cabinet
earlier this month, which said: ‘The Morland Garden project is experiencing significant viability challenges whilst also
being subject to a significant delay in the project delivery timescales
dependent on the outcome of the public inquiry in
relation to the stopping up order.’
I pointed out one of the “significant viability challenges” in guest
posts in July, including copies of open letters to Brent’s Chief Executive and to the Mayor of London. I showed that Brent’s claim to have achieved a “start of site” by 31
March 2023, in order to qualify for more than £6.5m in GLA 2016-2023 Affordable
Homes Programme funding, was false.
At first Brent refused to accept this, but on 30 August I received a
letter of apology from Kim Wright, including the following admissions:
‘In the past few days, I have been made aware of
some delays to the works programme which have resulted in the GLA’s Start on
Site definition not being met, and this is different to what I had been firmly
assured by colleagues was the case and which I communicated to you.’
‘I have expressed my disappointment and frustration
to those Officers involved, in that I should have been able to rely on the
accuracy of what they were telling me, especially after I had probed this
particular point thoroughly in order to satisfy myself as to the position.’
‘Having reviewed this with the GLA, the council is
now aware that this means the Start on Site definition was not met …. The
council informed the GLA as soon as we became aware of this error and we are
committed to working closely with them to address any implications arising from
it.’
So, currently NO funding from the GLA for this project, What
about the delay caused by ‘the public inquiry in relation to the stopping up
order’? The Mayor of London’s decision on 20 March 2023 advised Brent that a
Public Inquiry would be necessary, but (as one of the objectors) I waited in vain
to hear when that would be held.
On 23 June I submitted an FoI request with a simple question:
‘Has a request to hold an Inquiry over the proposed
Stopping-up Order been sent to the Inspector?’
All that it needed was a simple “yes” or “no” answer. Instead, on 31
July I received the following response from Brent’s Director of Property and
Assets:
‘In relation to [your enquiry] above, I am unable
to provide any of the information that you have requested, and, in this regard,
I apply the EIR 2004 Exemptions set out in 12(4) (d) which states that the
Council may refuse to disclose information where “the request relates to material
which is still in the course of completion. This is because the Council is
currently in the process of considering its options in relation to the
Stopping-up-Order and no formal decision has been made as to how the Council
will proceed.’
It appeared that the Council had not yet put the wheels in motion for an
Inquiry into the objections (by four members of the public) against the
proposed Stopping-up Order, but as the refusal to say “yes” or “no” seemed
unreasonable, I requested an Internal Review. However, it appears that I didn’t
understand how difficult it can be to provide a straight “yes” or “no” answer!
On 11 September, I received the Council’s response to that Internal Review
(from Brent’s Corporate Director of Finance and Resources, no less). It included
this statement:
‘With respect to the public interest
considerations, I am aware of our obligations to enable greater access to
environmental information. I am also aware of the public interest in promoting
accountability and transparency for decisions taken by Brent, especially in
relation to Morland Gardens and the stopping up order. However, I am also of the view, that
providing a yes/no answer as you suggest, at that time, could disrupt the
process and thinking of officers. I am therefore satisfied that the public
interest in maintaining the exception outweighs the public interest in
disclosure.’
However, the GLA funding and the Public Inquiry required over the Stopping-up
Order were not Brent’s only problems over its proposed Morland Gardens
development. They seem to have overlooked Condition 1 of the planning consent
they received on 30 October 2020:
Condition 1 from the Decision Notice issued on 30 October 2020,
accepting Brent Council’s Morland Gardens planning application 20/0345.
The Council’s flawed Morland Gardens project has seen mistake after
mistake, delay after delay. I will ask Martin to attach below a copy of the
Open Letter I sent today to Brent’s Chief Executive, advising her that the
planning permission for the Morland Gardens development has expired. It has lots
of information, pictures and legal argument, should you care to read it.
1 Morland Gardens and the Community Garden, with the sympathetically
redeveloped
(about 20 years ago) Victorian villa at 2 Morland Gardens beyond, 30 October
2023,
Brent may try to find a way to wriggle out of the latest mess they have
got themselves into, but I hope they will now have the good sense to drop their
current plans, and design a development which provides an up-to-date college
for Brent Start, with some affordable housing, but retains the beautiful
heritage Victorian villa and the Community Garden area in front of it.
Philip Grant.