Agenda and decisions

To appoint a Chair and Vice Chair for the new municipal year 2023-24.

RESOLVED to confirm the appointment of Councillor Muhammed Butt as Chair and Councillor Tatler as Vice-Chair of the Trust Committee for the 2023-24 Municipal Year.

For the Committee to note any apologies for absence.

Apologies for absence were received from Councillors Mili Patel (who had commenced a period of Maternity Leave) and Councillor Tatler.

Councillor Farah was attending as a substitute for Councillor Mili Patel.

Members are invited to declare at this stage of the meeting, the nature and existence of any relevant disclosable pecuniary, personal or prejudicial interests in the items on this agenda and to specify the item(s) to which they relate.

Councillor Donnelly-Jackson declared a personal interest in Agenda Item 7 Barham Park Strategic Property Review as a Trustee of Actionspace who were an Art based Charity supporting emerging and established artists with learning disabilities that had used studio space provided through ACAVA (one of the tenant organisations in the Barham Park building).

No other interests were declared at the meeting.

To approve the minutes of the previous meeting held on Monday 5 September 2022 as a correct record.

RESOLVED that the minutes of the previous Trust Committee held on Monday 5 September 2022 be agreed as a correct record, subject to the following amendment:

Reference to Friends of Barham Park Library to be amended to Friends of Barham Library.

To consider any matters arising from the minutes of the previous meeting.

None.

This item presents the annual report for the Barham Park Trust for 2022/23. There is a statutory requirement to produce an Annual Report, including the Accounts each financial year.

The Trust Committee were advised that consideration of the Trust Accounts and Annual Report 2022-23 had been withdrawn from the agenda and would be resubmitted for consideration at an additional meeting of the Trust to be arranged for that purpose.

This report provides an update on the Barham Park Strategic Property Review, including the position regarding the restrictive covenant relating to 776-778 Harrow Road.

RESOLVED to:

(1)    To note the outcomes from the architect’s feasibility study commissioned by the Council on behalf of the Trust, as detailed within the report.

(2)    To delegate authority to the Director for Environment and Leisure Services in consultation with the Chair of the Trust Committee to:

(a)    Obtain detailed costings of the preferred option presented in the architect’s report including a cost/benefit analysis and financial appraisal of the proposed scheme.

(b)    Undertake detailed analysis of the legal risks associated with the proposed scheme and the means as to their mitigation and management.

(c)    Prepare a draft investment strategy to establish the Council’s ability to fund the refurbishment proposal and prepare an outline delivery plan for consideration by the Trust.

(3)    To agree for the Director for Environment and Leisure Services in consultation with the Chair of the Trust Committee to report back the findings and recommendations to the next available Trust Committee, outlining the suggested interventions, the amount of funding required to deliver the whole Estate option being recommended by RLB, and the potential financial options that would enable delivery of the scheme.

(4)    To agree to hold in abeyance the letting/lease renewal of units 2, 7 and 8 until such time as the Director for Environment and Leisure Services has considered the viability of progressing the proposed scheme, with an update being provided at the next available Trust Committee.

(5)    Agree for the Director for Environment and Leisure Services in consultation with the Chair of the Trust Committee to negotiate in principle the variation of the restrictive covenant in respect of 776 and 778 Harrow Road for the best terms that can reasonably be obtained, subject to final approval by the Trust Committee, and any approval required by the Charity Commission under the Charities Act 2022 and 2011.

To update Members on operational issues at Barham Park and on current progress on projects.

Noted the verbal updates provided from the following individuals and organisations who had requested to speak at the meeting:

·             Lorna Gemmell – (representing ACAVA) highlighting the work and being undertaken through ACAVA and need to ensure meaningful consultation with all tenant organisations on further development of the Feasibility Study and Strategic Property Review on the Barham Park building.

·             Jane Ryan – (as a local artist using a studio provided through ACAVA) highlighting concerns relating to security of the Barham Park building and the impact on current users.

·             Chris Murray – (representing Young Brent Foundation) highlighting the work of the charity and supporting the concerns raised in relation to security of the Barham Park building given issues being caused by an individual persistently gaining illegal access to the property.

·             Mr J M Patel – (representing Barham Park Veterans Club) – highlighting the work of the club and links to the local community and seeking support in securing accessible access and the ongoing maintenance of the building.

·             Shivakumar Gurung – (representing Tamu Samaj UK) highlighting the work of the organisation and range of activities being offered for all sections of the local community with the request made for an extension of their lease to further support development and use of the facility.

·             Francis Henry – (representing Friends of Barham Library) highlighting the work of the organisation and seeking clarification on the potential impact relating to the outcome of the Feasibility Study and Strategic Property Review and plans to engage with current tenants within the Barham Park building.

The Chair advised that the issues raised had been noted and would be responded to as appropriate.  In moving on to then consider the General Update report it was RESOLVED to note the issues set out in the report along with the co-ordinated multi-agency approach being developed to address the security concerns which had been identified.

In accordance with good practice recommended by the Charity Commission, this report sets out for periodic review the governance and management options available to the Barham Park Trust Committee.

RESOLVED having considered the detailed options available for the future governance of the Barham Park Trust:

(1)    To approve Option 1 (Maintain the Status Quo) as the ongoing governance model to conduct the management arrangements for the Trust.

(2)    on the basis of (1) above, to agree and confirm that it continues to be in the best interest of the charity for the local authority to remain as trustee.

(3)    That officers be requested to explore the potential establishment of a wider consultation mechanism to engage users of the park and the local community representatives, alongside other key stakeholders such as tenant organisations, on issues relating to the ongoing management of the park and its facilities.

This report sets out for review proposed updates to the Barham Park Trust Governance and Guidance Document. Primarily designed to reflect changes following organisational restructures in the council and updated guidance issued by the Charity Commission.

RESOLVED to agree the amendments to the Governance and Guidance documents as set out in Appendix A of the report.

Agenda Item 7:       Barham Park Strategic Property Review – Appendix 3 (Restrictive Covenant 776-778 Harrow Road external valuation)

This appendix is classified as exempt under Paragraph 3 of Part 1 Schedule 12A of the Local Government Act 1972, namely: “Information relating to the financial or business affairs of any particular person (including the authority holding that information)”

There were no items that required the exclusion of the press or public.

Notice of items to be raised under this heading must be given in writing to the Head of Executive and Member Services or her representative before the meeting. Any decisions taken urgently under this heading must comply with the provisions outlined in paragraph 39 of the Council’s Access to Information Rules (part 2 of the Constitution).

None.

It was noted that further meetings of the Trust Committee would be arranged as required during the year.