Agenda, decisions and minutes

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.

RESOLVED to appoint 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.

Apologies for absence were received from Councillor Mili Patel (with Councillor Harbi Farah attending as alternate member) and Councillor Tatler.

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.

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 declarations of interest were made 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.

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

·             Reference to Friends of Barham Park Library being amended to read Friends of Barham Library.

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

None.

None.

Prior to consideration of the main agenda Councillor Muhammed Butt (as Chair) advised the Trust Committee that he had accepted a number of requests to speak at the meeting from representatives of tenant organisations occupying the Barham Park building updating the Trust Committee on the work being undertaken through their organisations supported through use of the building.

Each representative was then invited to address the meeting with the following comments highlighted.

Lorna Gemmell (representing ACAVA) was the first to address the Trust Committee stating that the charity had been running affordable artist studios and community arts programmes for many years and was currently supporting over 400 artists and creative organisations.  ACAVA had been a tenant in the Barham Park building for over 9 years with a number of art studios located within the building.  There are currently renovations underway in the community studio space to make ready for a new arts programme commencing in Autumn.  In concluding, the Trust Committee were asked to ensure meaningful consultation was undertaken with all tenant organisations with regard to any proposals for future development of the Barham Park building.

Following on from the representations made by ACAVA, Jane Ryan (as a local artist using a studio provided through ACAVA) spoke about a persistent intruder to the building and the nuisance and security concerns being caused to users of the community spaces as a result, which she was keen to seen addressed in a co-ordinated way and as part of any security enhancements to the building.

Chris Murray then spoke (representing the Young Brent Foundation) in order to highlight the work of the charity and support the concerns raised in relation to security of the Barham Park building, given issues being caused by the same individual referred to by Jane Ryan in persistently gaining illegal access to the property.  Highlighting a number of incidents and impact this was having in limiting current use of the building due the safety concerns he supported the request for a co-ordinated approach to be developed in tackling the security concerns and individual identified.

Mr J M Patel (representing Barham Park Veterans Club) was then invited to speak.  In highlighting the work of the club and links to the local community support was also sought in securing accessible access and the ongoing maintenance of the building.

As a further contribution, Shivakumar Gurung (representing Tamu Samaj UK) highlighted the work of the organisation and range of activities and educational programmes being offered for all sections of the local community with the request made for the Trust Committee to consider an extension of their lease to further support development and use of the facility.

As a final contribution, Francis Henry (representing Friends of Barham Library) began by seeking clarification and further detail 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.  Prior to enabling him to proceed further, Councillor Butt  ...  view the full minutes text for item 6.

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.

Councillor Muhammed Butt (as Chair) advised the Trust Committee that due to an issue needing to be resolved in relation to the presentation of the Barham Park Trust Accounts this item had been withdrawn from the agenda.

In providing further details, Chris Whyte, Director of Environment & Leisure, advised that as a result of an issue identified with the version of the Charity Commission template which had been used to present the Trust Accounts the need had been identified for the accounts to be resubmitted on the basis of a revised and updated template.  In order to enable final consideration, it was therefore confirmed that the Trust Accounts for 2023-24 would be resubmitted to an additional meeting of the Trust Committee, which would be scheduled to take place prior to the end of September 2023.

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.

Chris Whyte (Director of Environment & Leisure) supported by Denish Patel (Head of Property) introduced a report providing an update on the Barham Park Strategic Property Review, including the position regarding the restrictive covenant relating to 776-778 Harrow Road.  In introducing the report, the Trust Committee noted:

·             The appointment, following the Trust meeting on 27 January 2022, of an architect, Rider Levett Bucknall (RLB), who had been commissioned to prepare a feasibility study on design options to address the issues identified in relation to the infrastructure and condition of the Barham Park Estate.  The study had been commissioned in order to provide a more holistic review of options towards the Estate’s infrastructure & maintenance given the wider impact on its effective operation and running costs.

The report detailed the outcome of the feasibility study, including the key elements of the initial concept, proposed design and high-level cost estimates with the options designed to focus on the renovation and potential reconfiguration of the existing old court buildings.  The Trust Committee were advised that in undertaking the study the aim had been to look at options that whilst cost-effective would not only preserve the historically significant parts of the structure but also enhance the overall relationship between the building and park and enable the development of upgraded and adaptable facilities, new spaces and modern facilities to reflect market demand and trends with respect to a wide variety of sustainable community uses.  In recognising the current position relating to the configuration and maintenance of the existing building, the Trust Committee were advised that the feasibility study had resulted in three different design options being identified, as summarised in section 3 of the report.  Whilst the bronze option had been discounted early in the design process due to the insufficient value identified, details on the Silver and Gold feasibility options had been set out within Appendices 2 and 3 of the report, which at this stage it was noted had been provided for initial feedback and to show what might be possible.

In considering the update provided the Trust Committee was advised of the additional work that would be required to develop the options for further consideration, which would include identification of the necessary capital investment required (estimated at between £300-400k) and consultation and engagement with both statutory and non-statutory consultees, including existing tenants and other relevant stakeholders in the park.  In supporting the need for a full engagement and consultation process, the Trust Committee were advised this would be undertaken once the necessary investment strategy had been identified and that pending this, there would be no impact on the occupation of existing tenants arising from the feasibility study.

·             The details provided within Appendix 3 of the report (classified as containing exempt information) on the independent valuation that had been commissioned on behalf of the Trust (following the decision taken by the Trust Committee on 1 September 2021) as part of the process in seeking to explore the possibility of reaching an agreement to vary the  ...  view the full minutes text for item 8.

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.

Leslie Williams (Projects Officer, Parks Service) introduced the report providing an update on operational issues at Barham Park along with current progress on a range of projects.

Members were then provided with operational updates in relation to the following issues:

·             The welcome resumption of the full range of activities in the tenanted units within the Barham Park building following the pandemic, with officers (on behalf of the Trust) having held their annual meeting with occupiers to review matters associated with the building and the park in February 2023.

·             Park events – as detailed within section 3.3 of the report, with members having noted and welcomed the enhanced range of events successfully hosted within the Park including Irvin’s Fun Fair, a range of events being hosted through Barham Library including health and wellbeing activities and support for people with dementia, Brent Let’s Grow (a training event for young people organised by Young Brent Foundation), Wellness Wonder and other Health related walks and activities along with a number of religious and cultural festivals.

·             Security and anti-social behaviour - as detailed within section 3.4 of the report, with the Trust Committee noting (following the discussion under the previous item) the crime, nuisance and disorder from various sources continuing to cause disturbance and harassment to occupiers and to park users.  In addition to the previous concerns regarding break-ins by an individual at the building, other recent issues had involved individuals climbing onto the flat roof of the Barham Park building, motorbike riding within the park and graffiti (which had been cleaned by the Council’s grounds maintenance team) along with littering, with the Trust Committee keen to ensure that work being undertaken to address the issues identified on a co-ordinated and multi-agency basis was progressed and the Council’s Cabinet Member for Safer Communities & Public Protection also kept updated on further developments and action.

·             Public Space Protection Orders – as detailed in section 3.5 of the report with the Trust Committee advised of the revised PSPO and signage introduced in April 2023 which included a prohibition for nuisance vehicles.

·             Rough sleeping with the Park - as detailed in section 3.6 of the report, with members noting the ongoing work being undertaken with StreetLink and St Mungo’s to address the issue and support those individuals sleeping rough to access accommodation and other assistance according to their needs.  Members were advised that the east side recessed porch area of the Barham Park building had been used by one or more persons sleeping rough during the year and as a result gated access had now been installed in order to restrict the access to that area and ensure its use only for access to the building.

·             Thames Water works – as detailed within section 3.7 of the report.  Whilst now completed, members noted the complex nature of the works which had needed to be undertaken which had resulted in the need for some follow up works related to the public surface water system in the vicinity  ...  view the full minutes text for item 9.

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.

Biancia Robinson (Senior Constitutional Lawyer) introduced the report setting out for review, in accordance with recommended good practice by the Charity Commission, the governance and management options available for the Barham Park Trust Committee.

In considering the report, the Trust Committee were reminded that the Charity Commission considered it good practice for the Trust to periodically review its governance and management arrangements and whether it was felt to remain in the best interest of the charity for the local authority to remain as trustee. Previous reviews had been undertaken in 2015 and 2018 when it had been decided to maintain the status quo and it was now considered timely to undertake a further review.

In terms of the current governance and management arrangements, the Committee were reminded of the original terms under which the Trust had been established with the land held by the Council as sole trustee and only available for use in furtherance of the Trust’s stated charitable purpose.  The Council was therefore ultimately responsible for the management and administration of the Trust acting in the best interests of the Trust and its beneficiaries.  As part of these arrangements the Council had generally met the costs of managing, maintaining developing and running the Park, supplemented by rental income and interest on capital along with any additional grant funding obtained.  In practical terms this has meant the Trust receiving a subsidy from the Council with the Trust’s funds managed and accounted for separately to those of the Council.  The Trust Committee was also reminded of the fundamental limitations with the land held for recreational purposes, no express power of sale in the conveyance nor for the Council to acquire Barham Park for assimilation into its property portfolio without permission of the Charity Commission or Court.

Having noted the background and context provided to the current management and administration of the Trust, the Committee then moved on to consider the various options identified for review in relation to its future management and governance arrangements.  The options identified were as follows with the Trust Committee, in considering each option, having noted the further detail provided as set out in section 4 of the report:

·             Option 1: Maintaining the status quo.

·             Option 2: Appoint additional trustees alongside the Council.

·             Option 3: Appoint a Corporate Trustee.

·             Option 4: Establish a new corporate charity to take on ownership and control of Barham Park; and

·             Option 5: Outright transfer to another charity.

In welcoming the comprehensive overview of the options provided and recognising the potential impact on future operation of the Trust, the Committee’s attention was also drawn to additional written representations submitted in advance of the meeting by a local resident (Mr Philip Grant) in relation to Option 2 and the potential to establish a Trust Advisory Committee consisting of independent members including some nominated by local community groups and Barham Park users to support the Trust Committee in its role and formal management arrangements.

Having considered the options available, the  ...  view the full minutes text for item 10.

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.

Biancia Robinson (Senior Constitutional Lawyer) introduced the report setting out proposed updates to the Barham Park Trust Governance and Guidance Document.  The Trust Committee noted that the Governance and Guidance Document set out the responsibilities of the Council as Trustee along with the Charity’s purposes and how the Trust was to be administered.  The proposed amendments, whilst mainly administrative in nature had been designed to reflect changes following an organisational restructure within the Council and updated guidance issued by the Charity Commission, as detailed within section 3.3 of the report.

In supporting the proposed amendments identified, Councillor Muhammed Butt (as Chair) also took the opportunity to highlight the importance and comprehensive nature of the training which had provided for all members of the Trust in support of their role and responsibilities.

As no further issues were raised it was RESOLVED to approve the amendments to Trust Governance and Guidance Documents as set out in Appendix A of the report, subject to reference to Environmental and Leisure Services being corrected to Environment and Leisure.

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.

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.

No items of urgent business were raised at the meeting, with members noting that further meetings of the Trust Committee would be arranged as required during the year in order to progress the various actions identified during the meeting.