Agenda and minutes

Apologies for absence were received from Councillors Conneely (Chair), Ahmadi-Moghaddam and Shah.

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

Councillor S Butt declared a personal interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a member of the Planning Committee at the time planning application 22/4128 was considered and the decision which formed part of the basis of the call-in to be considered under Item 3 was subsequently made. In addition, he advised that he was currently the Vice Chair of the Planning Committee.

Similarly, Councillor Dixon declared a personal interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a member of the Planning Committee at the time planning application 22/4128 was considered and decision upon.

Councillor Maurice declared a personal interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a member of the Planning Committee at the time planning application 22/4128 was considered and the decision was made. In addition, he advised that he was one of the Councillors who had signed the call-in request.

Councillor Lorber declared an interest in respect of Agenda Item 3: Call-In: Barham Park Trust Committee Decision - Operational Property matters and restricted covenants at 776-778 Harrow Road as a Trustee of the Friends of Barham Library. In addition, he advised he was also a Trustee of the Friends of Barham Park. Furthermore, he disclosed that he had been approached on different occasions by the owner of the site at 776-778 Harrow Road.

At this stage of the proceedings, legal advice was offered to members who had participated in the Planning Committee during the consideration and subsequent decision on planning application 22/4128 relating to 776 & 778 Harrow Road, which the Trust Committee decision on modification of the restrictive covenant that was not subject call-in directly related to.  Marsha Henry (Director of Law) referenced the seven principles of conduct in public life, specifically highlighting issues of objectivity and integrity which pertained to the way in which the average person might perceive the deliberation of the decision and whether members could arrive at a decision objectively. While there were differences in the matters being deliberated, it was advised that, in terms of perception, it would be prudent for members who had been involved in the consideration of the relevant planning application to withdraw from discussions on the restrictive covenant issues. Consequently, due to their declared interests as members of the Planning Committee who had participated in the decision on the planning application relating to the site and in line with legal advice, Councillors S Butt, Dixon, and Maurice withdrew from the meeting during the consideration of matters related to the restricted covenants at 776-778 Harrow Road.

Members were advised that Councillor Lorber had been provided with advice in advance of the meeting which was reiterated by Marsha Henry (Director of Law), that he should consider whether he  ...  view the full minutes text for item 2.

To consider a call-in in respect of the following decision taken by Barham Park Trust Committee on Monday 24 February 2025:

(a) Operational Property Matters relating to Barham Park and 778 Harrow Road Restrictive Covenant(s) Update

In opening the item, the Chair advised that the meeting had been arranged, in accordance with Standing Order 14, to consider a call-in submitted by five members of the Council in relation to decisions made by the Barham Park Trust Committee on Monday 24 February 2025 regarding the following item:

(a)  Operational Property Matters relating to Barham Park and 778 Harrow Road Restrictive Covenant(s) Update

Given the nature of the issues raised under the call-in the Chair advised that he would separate consideration of the call-in into two distinct sections.  The first would cover the wider property related issues arising from the Barham Park Trust decisions  relating to the increase in allocated funding for Year 1 works to the estate utilising restricted funds and finalisation of the lease arrangements for Unit 6 within the Barham Park building with ACAVA.  The second element would cover the decisions relating to modification of the restrictive covenants at 776 and 778 Harrow Road which would be undertaken once those members of the Committee who had declared an interest had withdrawn from the meeting.

In considering the call-in, the Chair reminded the Committee that the line of questioning must remain specifically within the remit of the call-in and that issues raised on anything wider would not be valid and ruled out for consideration.

Having clarified the basis of the call-in, the Chair then proceeded to invite Councillor Lorber to outline the reasons for the call-in as representative of the members who had supported its submission.

In presenting the call-in, Councillor Lorber highlighted the following key issues as the basis for which the decision had been called-in:

• In representing the members who had called in the decision, Councillor Lorber began by outlining a number of concerns regarding the conduct of the Barham Park Trust and the administration of the charity's affairs and highlighted the strength of feeling locally in opposition to the proposed modification of the restrictive covenant impacting on 776 & 778 Harrow Road, as demonstrated by  a petition with over 700 signatories calling on the Council to protect Barham Park and not lift the covenant.

• Councillor Lorber expressed his dissatisfaction at being denied the opportunity to speak at the last meeting of the Trust by the Chair of the Barham Park Trust Committee and importance of adhering to guidance provided to Councils when acting as trustees of charities. It was emphasised that councillors were expected to be embedded within the local community and to understand the community's sentiments. However, it was felt the repeated refusal of councillors serving on the Trust Committee to listen to community members and their representatives indicated a fundamental flaw in the process and governance arrangements for the Trust.

As a result, it was felt that the relevant Charity Commission guidance should be reviewed, particularly in situations where there was a significant conflict of interest and support was expressed for the appointment of an independent trustee on the Trust Committee to help avoid such issues with it felt the Council having  ...  view the full minutes text for item 3.

Notice of items to be raised under this heading must be given in writing to the Deputy Director Democratic Services or their representative before the meeting in accordance with Standing Order 60.

No items of urgent business were identified.