Stonebridge Community Trust considering its position over Supreme Court legal clarification in Bridge Park case

Huge community meeting at the start of the campaign to save Bridge Park for the  the African and Caribbean community

 

 Following the Appeal Court Judgment on the Bridge Park case LINK and Muhammed Butt's reaction LINK, Stonebridge Community Trust (SCT) has made the following statement:

 

The three judges complemented Peter Crampin QC on the forcefulness of SCT's legal argument on behalf of the African and Caribbean community, but unfortunately they have judged in favour of Brent Council.

Jay Mastin (SCT) said:

 
We have studied the Judgment and whilst we have lost this Appeal hearing, SCT feels the argument remains in Law that by the actions of how the Land was purchased in that it took several different entities to contribute and raise the purchase funds to buy the disused Bus Garage. Those monies were given for the stated purpose of the social and beneficial needs of the African and Caribbean Community. A Charitable Trust existed by act of Law regardless of whether Brent intended this or not.

The three Justices appears to avoided making a clear ruling in relation to whether;

 
i) A Charitable Trust existed in Law

 
ii) Given the legal facts that the same Bridge Park complex is still in existence today; the needs of the community remain. It was argued that in Law a Charitable Trust must still exist and continue today even after the GLC's interest and the covenant was removed by Brent. No legal decision on whether a Charitable Trust still continues after one of the contributors/ settler is removed.

iii) The Judgement appears to say even though there was a covenant and separate agreement on the stated purpose for the Land for the African and Caribbean community, once the land was purchased as intended Brent could then immediately do whatever they wanted with the Land eg. Use it as a Council Staff Admin building. They had no further obligation to carry their stated commitments to the Community for the land.

The above leads SCT to believe that the Appeal Courts judges appear to have remained politically safe and avoided making the tough Legal Judgement that would give clarity in Law on these matters.

The judges appear to have left this to the Supreme Court to make the final decision on these points of Law.

SCT are considering its position in relation to the Supreme Court clarifying the legal position, on behalf of the African and Caribbean Community of Brent.

 

FULL JUDGMENT

For further background to the case search for 'Bridge Park' in the search box on right of this post which willbring up many articles and also see the video.

Planning Inspector turns down Pocket Living's appeal against Brent Council for refusing development on Sudbury Town Station car park

 

 

Cllr Tom Stephens posted this on the Next Door website earlier today

As one of Sudbury’s local Councillors, I’m pleased to confirm that the planning inspector has today *REJECTED* Pocket Living’s proposal to build 1-bedroom flats in Sudbury Town station car park. Residents will recall that Brent Council’s own Planning Committee refused the development on 11 June 2020. Alongside Sudbury residents, myself and fellow Councillor Mary Daly spoke against the development and sent strong written objections. Like you, we were concerned about the impact the would have on parking in the area - especially disabled parking - and the lack of any genuinely affordable, family housing. The developer then appealed to the Planning Inspector and the inspector has been considering the case for several months. 

 We argued the Planning Inspector should reject Pocket Living’s appeal and refuse the development, as did Brent Council. We attended the hearings and the site visits and spoke against the developments then. We are delighted to inform you that on 19th January, the Planning Inspector dismissed Pocket Living’s appeal and rejected the development. They argued that the development won’t provide the appropriate level of affordable housing or mix of housing unit types - a clear breach of a Brent Council’s local plan. We hope this will come as good news. We are pleased to have opposed this development from day 1 and to have worked alongside residents to send in objections. We will continue to oppose it. 

There is quite a history to this development proposal see LINK and confusion over deferral LINK.

Paul Lorber raised an official complaint about how the application was handled LINK

Following the deferral the developer came back to Brent Planning Committee with a revised proposal and Wembley Matters reported:

After a lengthy discussion Brent Planning Committee again rejected the TfL application for a development of 'pocket homes' on the car park at Sudbury Town Station. Despite a £600k offer by the developer towards the build costs of 6 three bedroomed homes outside the area, the committee stuck to their original objection on grounds of lack of family homes for the site itself,  the loss of the car park and its impact on acessiblity for people with protected characteristics; and the applications lack of compliance with Local and London plans. Three members of the public and two councillors made very persuasive presentations opposing the application.

 TfL are intent on developing other station car parks so the result of this appeal and the grounds for refusal will be widely studied.

Muhammed Butt hails High Court's Bridge Park Appeal ruling that Brent Council is the sole owner of the Centre

 From Brent Council website

Plans for a new community centre in Stonebridge Park can now go ahead after the Court of Appeal upheld a High Court ruling that Brent Council solely owns Bridge Park Leisure Centre.

Leonard Johnson (first Defendant) and The Stonebridge Community Trust (HPCC) Limited (second Defendant) were granted permission to appeal the High Court decision by the Court of Appeal in March 2021. However, the Appeal was unsuccessful and has been dismissed in a judgement released yesterday.

The plans to create a new community centre – with much improved leisure facilities, community spaces and modern workspaces – in addition to new homes can now progress.

“The council is pleased with this outcome,” said Cllr Muhammed Butt, Leader of Brent Council. “It means we can now continue working with local communities in Stonebridge and surrounding areas to realise the potential that’s been trapped in this treasured, but crumbling, site for far too long.

“It is time now for everyone to work together to help create a fairer and more equal Brent by providing the fantastic new leisure and employment centre that local people need and deserve.”

For more information visit: www.brent.gov.uk/bridgepark

UPDATED WITH COUNCIL RESPONSE: Brent Council must exercise its duty of care and fix the non-operating self-closing fire doors at South Kilburn block. Have they not learnt lessons from Grenfell?

 This 3rd floor self-closing fire door has not been working since 2017 despite notification to Brent Council

A week ago Wembley Matters published a letter from John Healy who lives at William Dunbar House on the South Kilburn Estate. LINK

He had resorted to writing the letter to ask Wembley Matters for helf after his attempts to get Brent Council to repair what are supposed to be self-closing fire doors that have remained open. One since 2017!

John Healy wrote:

At the Grenfell Inquiry, self closing fire doors that did not self close were identified as the second highest issue after unsafe cladding and as a result I have been emailing the council to fix 2 self closing doors that do not self close and which are part of my only fire escape in my high-rise, one on the 3rd floor & one on the 5th floor but after 3 years, they still have not been fixed and everyone's safety is under threat because of this.

I had a response to one of my emails from a housing officer who said "Fire Safety is not included in my job description" and he failed to pass it on to another officer, who did have Fire Safety in their job description.

After 3 years I decided to ask the London Fire Brigade to solve the issue but I was shocked by their reply, which said they were not responsible for Fire Safety in council blocks and they forwarded my email back to Brent Council who failed to take any action as usual.

I hope that now the evidence of failure to rectify is public that Brent Council will exercise its dury of care to residents and quickly fix the problem on the 3rd floor and the more recent 5th floor problem (below) and check every self-closing door in the block.

 As I  was was completing this article I received another email from John Healy that speaks for itself:

Can you ask Brent Housing to carry out a full inspection of all the fire doors in William Dunbar House, as I have only checked those doors up to the 5th floor and for all I know, there may be many others in the floors above me.

At the Grenfell Inquiry Mr. Stokes the Fire Risk assessor carried out his FRA's without actually going into the tower.  Since I began emailing the council, my block has had 2 FRA's, with the last one in 2019 and neither of them noticed the damaged doors.

II can only assume that the FRA's in my block were carried out using the same method as Mr. Stokes, where the assessor never actually visited my block.  The last one even got the location of our only fire escape wrong. He said it was next to the lift shaft and anyone entering the building could clearly see the stairwell began at the far side of the building.

When I reported this to Brent Housing they said "they had full confidence in the FRA assessor and it did not matter that he got the location wrong".

It is worth recalling that a resident of Grenfell had written a series of blog articles drawing attention to the fire danger in the block. He was ignored.

 RESPONSE ON TWITTER SHORTLY AFTER THE ABOVE ARTICLE WAS PUBLISHED

 

Have your say on an exciting proposal for a Brent Music Academy accessible to all

 From the Royal Philharmonic Orchestra

 We are working with local partners to create a brand new Brent Music Academy that will offer advanced training and work experience opportunities for talented young people from across the borough. From performance (any genre/instrument/style) to behind-the-scenes production and business experience with our industry partners, we’re hoping to provide additional professional opportunities to young people showing an aptitude and interest in the industry, regardless of background, formal training or prior achievement.

 

We know there is so much excellent music provision going on in the borough and so many talented young people with a range of interests and skills, so we are hosting a series of Zoom consultations over the next weeks to find out how the Brent community would like this new initiative to look and work. From content and types of training or opportunities offered, to location, dates/times, fees, etc., we’re looking to hear from any potential stakeholders (young people, parents, teachers, professionals, community groups) to help us design this new organisation.

 

Online FORM HERE

On eve of Cabinet Brent Cycling Campaign tackle Muhammed Butt on his failure to properly plan and implement Low Traffic Neighbourhoods

 

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Healthy Neighbourhood (LTN) schemes to be discussed at Brent Scrutiny on Tuesday

 I understand that Healthy Neighbourhood schemes (LTN - Low Traffic Neighbourhoods) are to be discussed at the Resources and Public Realm Scrutiny Committee on Tuesday (6pm) under the standing agenda item 'Topical Issues'.

The Brent Cabinet has the officers' report recommending the removal of four of the schemes on its agenda. Cabinet takes place tomorrow at 10am.

Newly honoured Richard Evans (late of the 'Copland 6') blames Brent Council and Met Police for his heart attack after 'pointless' fraud battle

 

Dr Richard Evans

Dr Richard Evans, now teaching in Mill Hill, but previously Deputy Headteacher at Copland High School in Wembley, was awarded an OBE in the 2022 New Year Honours to add to the MBE awarded in 2003 for services to education

The OBE was for charity work during Covid.  The story in the Barnet Post LINK did not mention what Evans had been involved in before taking up his post at Mill Hill but Evans himself brought it up in an interview with Schools Week, which he may have thought would complete his rehabilitation. LINK

Evans was accused along with five others, including the Copland headteacher Sir Alan Davies, of defrauding the school  out of more that £2m and was suspended and then sacked. The case only came about because of whistleblowwing by a member of staff and union representative.

Evans was (is?) close to the Conservative Party and advised David Cameron on education, and was a former Westminster councillor. He organised fundraising dinners for the school at the House of Lords and was expected to receive a knighthood. Ironically, Alan Davies lost his knighthood as a result of the affair.

Schools Week reports:

Evans, who teaches at Mill Hill County High School in Barnet, ran the 2020 London Marathon for charity having survived a heart attack the previous May. He was treated at the Royal Free Hospital, to which he had delivered food parcels for frontline staff just days before.

Evans told Schools Week that he laid the blame for that heart attack squarely at the door of his ex-employer, the London Borough of Brent, and the Metropolitan Police.

Evans was originally said to have taken £600,000 in excessive payments LINK but the Schools Week article says:

Evans, a former education adviser to David Cameron, maintains he had no idea he was being overpaid as he believed the payments, described as bonuses, had been approved by the local authority.

“The whole experience, quite bluntly, was terrifying,” he said. “When you go through something like this, you question every sinew, every bit of what you held to be important. There’s no sense of apology.”

Not to notice that amount of extra money in your pay packet is pretty amazing!  Local authorities don't award bonuses to school staff.

Evans was also a director of a company set up to put together plans for the Copland school site, Copland Village Developments Ltd. LINK Following academisation of Copland as Ark Elvin a new school building was built at the back of the Copland site and the former street frontage is being redeveloped as flats and retail outlets.

Brent Council tells Schools Week that this was money that should have been spent on the children of Copland High School, children who came from some of the most needy areas of Brent. (Ask Raheem Sterling)

In a further twist to the sorry story Keir Starmer, then  Head of the Crown Prosecution Service became involved in the High Court case. Alan Davies agreed to plead guilt to 6 of the less serious of the 8 charges , in return for the two most serious charges being dropped (that of conspiracy to defraud and money laundering).  It was agreed that charges would be dropped against the five other defendants and Sir Alan pleaded guilty to false accounting.  He was given a two year suspended sentence by Judge Deborah Taylor and charges were dropped against the others.  There is some disagreement over whether this meant they were 'cleared' of the charges.

Richard Evan now blames Brent Council for trying to get justice. Schools Week says.

The council spent £1.7 million of public money on the High Court case and was ordered to pay more than £260,000 in costs. Evans’s tribunal alone cost Brent more than £100,000; he had been told to pay back just £46,000, with the remainder statute-barred.

Separately, legal aid bills in the High Court case ran to half a million pounds.

To date, Brent has recovered just £450,000 of the overpaid cash – plus a Rolex watch that used to belong to Alan Davies.

Evans said his standing in the community had been devastated. “Immediately,” he said, “my name was in the papers. People Google it. Walking down my street, the abuse I got was phenomenal.

“Councils have to learn from this. It was pointless and destructive.”

Does he mean that the allegations should not have been investigated or legal action  taken  and it would have been better not to attempt to recoup any wrongful payment?

 

FOOTNOTE

 There is more murk in the case of the valuable paintings given to the school by artist Mary Fedden. LINK