Agenda item

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

RESOLVED:

(1)      To note the issues set out in the report and agree that members of the Trust Committee be invited to undertake a site visit in order to meet current occupiers and inspect the Barham Park Building.

(2)     To delegate authority to the Operational Director for Environmental Services in consultation with the Chair of the Trust Committee to decide on how to proceed moving forward regarding the letting of Unit 7 of the Barham Park Building.

(3)     To note that an independent valuation is being undertaken in respect of Unit 8 of the Barham Park Building (Children’s Centre) and thereafter, that officers will make arrangements for a public notice to be provided regarding the proposed lease renewal of Unit 8 to the Council.

(4)     To delegate authority to the Operational Director for Environmental Services to consider responses and objections in relation to the public notice regarding the proposed renewal of the lease in respect of Unit 8 of the Barham Park Building and address such issues in an application to the Charity Commission to seek consent to enter into the lease with the Council.

(5)     To delegate authority to the Operational Director for Environmental Services to apply to the Charity Commission to seek their consent for the Trust to enter into a further five year lease with the Council in respect of Unit 8 of the Barham Park Building with consent to sublet the property to an organisation to continue the Children’s Centre service on similar terms to the previous lease which was signed on 28 October 2016.

(6)     Subject to consent of the Charity Commission, to delegate authority to the Operational Director for Environmental Services to make arrangements for the Trust to enter into a five year lease with the Council in respect of Unit 8 of Barham Park Building at a market rental set by the independent valuer.

(7)     To delegate authority to the Operational Director for Environmental Services to enter into a lease renewal with the Barham Park Veterans Club (Wembley) in respect of Unit 2 of the Barham Park Building as set out in section 3.15 of the report.

(8)     To authorise the Operational Director for Environmental Services to enter into discussions with the owners of 776-778 Harrow Road to explore the possibilities of reaching agreement to amend the restricting covenants on that property for the benefit of the Trust.

Chris Whyte, Operational Director Environmental Services, introduced the report providing an update on operational issues at Barham Park along with current progress on a range of projects.

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

·             General operational works – Members noted that operational grounds maintenance works continued to be undertaken by the Council’s main contractor Veolia.

·             Security and anti-social behaviour - as detailed within section 3.2 of the report, with members noting the incidents identified and ongoing work with the police to monitor and address them supported by the Public Space Protection Order covering all Brent’s parks and open spaces.

·             Rough sleeping with the Park - as detailed in section 3.4 of the report, with members noting the ongoing work being undertaken with St Mungo’s and other partners to address the issue and support those individuals sleeping rough to access accommodation and other assistance according to their needs.

·             Grass and meadows - with members noting the continued progress and improvements being made to the range of grasslands and associated wildlife within the park, as detailed within section 3.6 of the report.

·             Fire Security System - with members noting the ongoing briefings being provided for tenant representatives on operation of the system, which continued to perform well, as detailed in section 3.8 of the report.

·             The progress being made in relation to works previously approved through the Trust’s Restricted Funds, as detailed within section 3.17 – 3.24 of the report.

·             The progress in relation to works associated with tree planting and replacement, the Queen Elizabeth II Silver Jubilee Garden and Walled Garden Pool as detailed within section 3.25 – 3.28 of the report.

In addition to the operational issues identified above, members also received updates in relation to the following specific property and tenancy related issues:

·             Barham Park building Unit 7: Members noted the update provided by Amin Soorma (Property Services) regarding the ongoing negotiations with the lead tender applicant (The Friends of Barham Library FoBL) and their proposed partner organisation the Memory Lounge, for a Dementia Centre at Unit 7 with the main outstanding issue being whether the proposed use represented a sub-letting or was considered a partnership in terms of operation of any lease arrangements.  Whilst the tender marketing process had been clear that a sub-lease would not be considered, the provisionally accepted tenant of Unit 7 (FoBL) and the Memory Lounge project had envisaged use of the vacant unit as a partnership rather than sub tenancy arrangement and had also been successful in securing NCIL funding to provide significant investment for refurbishment works.  Having noted the options identified and being keen to support a partnership arrangement, members were minded to delegate a final decision on the letting of Unit 7 to the Operational Director for Environmental Services in consultation with the Chair of the Trust Committee.

·             Barham Park building Unit 8: Members noted the update provided in relation to renewal of the lease for Unit 8 to the Children Centre.  Members were reminded that approval had been given at the previous meeting on 1 September 2020 to the underletting of Unit 8 (The Children’s Centre) by Brent Council’s Children and Young People Service to a voluntary sector provider, the Young Brent Foundation (YBF), on the same rental terms as the lease in respect of the Unit between the Trust and Brent Council, subject to the satisfactory clearance of financial checks.  These had now successfully been completed with members therefore supporting approval of the lease renewal for a further five years on the basis set out in section 3.11 – 3.13 of the report.  It was noted that this would also require consent by the Charity Commission, given the Council was considered to be a “connected person” to the Trust and be subject to an independent valuation in relation to the market rental.  Subject to this and the sub-lease transaction being completed the YBF would continue to facilitate the Children’s Centre services at the location with there being no change to the conditions of the lease between the Trust and Brent Council nor to the annual rent, which YBF would reimburse to the Council’s Children and Young People Service. The lease to Brent Council in respect of Unit 8 would continue until the 27^th October 2021 when the current five-year lease expired.

·             Barham Park building Unit 2: Members noted that the current lease on the Barham Park Veterans Club (Wembley) expired on 6 September 2021 with the organisation having indicated they wanted to renew for a further four years.  The passing rent was currently £3k p.a. with members supporting the modest increase proposed to £3.5k phased over the four year period in recognition of the Club’s charitable status and as an organisation that served elderly members of the community with no income other than its membership fees.  The Veterans Club had also indicated they would be willing to proceed with the renewal on this basis.

·             Having recognised the potential impact which the Covid-19 pandemic was having on tenants’ ability to meet their rent commitments members were advised that a formal application process had been established (following approval by the Trust Committee in September 2020) enabling the Trust’s tenants in respect of the Barham Park Building to request a full or partial rent deferral or rent negotiation.  As an update members were advised that no applications had, at this stage, been received although further details had been provided for ACAVA.  Members were supportive of the approach outlined having noted the ongoing impact which the accrual of rent arrears would have on the longer term operation of the Trust and its ability to maintain the estate.  As a result, members were supportive of the measures being taken to reach negotiated solutions with those organisations currently in arrears having also noted the legal recovery powers available, should these be required in order to protect the Trust’s assets at any stage in the future.

·             776-778 Harrow Road: Members noted the update provided in relation to the current position on the two cottages on the site which were located within Barham Park.  Whilst these had been subject to a previous freehold sale this had been subject to a restrictive covenant which had required the site to be retained as two residential units.  Given the submission of a recent planning application (subsequently withdrawn) to redevelop the site with multiple residential units members were being asked to consider how any future re-development proposals (given ongoing interest in the site) which included seeking to amend the terms of the restrictive covenant, should be dealt with.  Whilst noting the concerns expressed locally, members felt there was a need to explore the possibilities of amending the current restrictive covenants with the owners of 776-778 Harrow Road, in order to assess any financial benefit that may be available towards supporting the ongoing future and operation of the Trust.  In supporting these discussions, however, a clear assurance was provided that this would be on the basis of the outcome not having been predetermined and with any final decision being subject to further consideration and approval by the Trust Committee in advance of any formal legal process being undertaken.

Following on from the updates provided, Members were keen to recognise the role played by the park and facilities managed and maintained by the Trust as an important community asset and need to ensure a co-ordinated approach to address the strategic property issues and works identified in terms of securing future use of the Trust’s assets for the benefit of the local community.  Having noted the representations made at the start of the meeting, members were also keen to ensure that discussions continued with partner organisations in order to secure maximum use and value of all available assets.

As no further issues were raised it was RESOLVED on the basis of the discussion at the meeting:

(1)        To note the issues set out in the report and agree that members of the Trust Committee be invited to undertake a site visit in order to meet current occupiers and inspect the Barham Park Building.

(2)    To delegate authority to the Operational Director for Environmental Services in consultation with the Chair of the Trust Committee to decide on how to proceed moving forward regarding the letting of Unit 7 of the Barham Park Building.

(3)    To note that an independent valuation is being undertaken in respect of Unit 8 of the Barham Park Building (Children’s Centre) and thereafter, that officers will make arrangements for a public notice to be provided regarding the proposed lease renewal of Unit 8 to the Council.

(4)    To delegate authority to the Operational Director for Environmental Services to consider responses and objections in relation to the public notice regarding the proposed renewal of the lease in respect of Unit 8 of the Barham Park Building and address such issues in an application to the Charity Commission to seek consent to enter into the lease with the Council.

(5)    To delegate authority to the Operational Director for Environmental Services to apply to the Charity Commission to seek their consent for the Trust to enter into a further five year lease with the Council in respect of Unit 8 of the Barham Park Building with consent to sublet the property to an organisation to continue the Children’s Centre service on similar terms to the previous lease which was signed on 28 October 2016.

(6)    Subject to consent of the Charity Commission, to delegate authority to the Operational Director for Environmental Services to make arrangements for the Trust to enter into a five year lease with the Council in respect of Unit 8 of Barham Park Building at a market rental set by the independent valuer.

(7)    To delegate authority to the Operational Director for Environmental Services to enter into a lease renewal with the Barham Park Veterans Club (Wembley) in respect of Unit 2 of the Barham Park Building as set out in section 3.15 of the report.

(8)    To authorise the Operational Director for Environmental Services to enter into discussions with the owners of 776-778 Harrow Road to explore the possibilities of reaching agreement to amend the restricting covenants on that property for the benefit of the Trust.