To: The Rt. Hon. Eric Pickles MP Secretary of
State for Communities and Local Government Eland House Bressenden Place London,
SW1E 5DU
17 March 2012
Dear Secretary of State,
Willesden Green Library Centre Redevelopment
(London Borough of Brent) Section 74, Planning (Listed Buildings and
Conservation Areas) Act 1990 Who is the appropriate authority for “conservation
area consent”?
I am a resident and Council Tax payer in the London Borough
of Brent, and am writing to ask for your help. If you can give all parties with
an interest in this matter a clear statement of your views, this will help to
avoid unnecessary delays to this proposed redevelopment, which is intended to
provide both a new Cultural Centre for the south of the borough and new homes.
Users, like myself, of the existing library (Brent‟s busiest, with over 500,000
visitors a year), museum and archives on the site will be without proper
facilities there for at least 20 months (August 2012 to April 2014), which will
be a considerable inconvenience without any additional delays.
By way of background, but not the issue I am asking you to
consider now, I would advise you that a key planning decision which has to be
made in this case is whether a locally listed building (the original 1894
Willesden Green Library) within a conservation area can be demolished. The
developers, the London Borough of Brent and Galliford Try plc (their
„development partner‟ under a Development Agreement signed in February 2012,
following a “tender” process), wish to demolish the building, to clear the site
for an entirely new building. A large number of local people oppose the
demolition of the building, many, myself included, believing that it can and
should be retained as part of the new Cultural Centre.
The difference of opinion which you can easily resolve at
this stage (I will suggest a way that this could be done below) is over who has
the authority to decide whether this building, in the Willesden Green
Conservation Area, can be demolished. The relevant legislation on this point is
from the Planning (Listed Buildings and Conservation Areas) Act 1990:-
74. Control of
demolition in conservation areas.
(1) A building in a conservation area shall not be
demolished without the consent of the appropriate authority (in this Act
referred to as “conservation area consent”).
(2) The appropriate authority for the purposes of this
section is—
(a) in relation to applications for consent made by local
planning authorities, the Secretary of State; and
(b) in relation to other applications for consent, the local
planning authority or the Secretary of State.
During a recent discussion with representatives of Brent‟s
Regeneration Team and Galliford Try plc I was advised that they believe Section
74 (2) (b) applies, as they intend that both the application for planning
permission and the application for conservation area consent will be made by
Galliford Try plc (as sole applicant) to the London Borough of Brent (the local
planning authority). My view, and that of some of my fellow objectors to the
demolition of the 1894 library building, is that Section 74 (2) (a) applies, as
Brent is the owner of the building that is proposed to be demolished, will be the
owner of the new building that would replace it, has responsibility for the
design of the new building, is legally the development partner of Galliford Try
plc for that building and is the local planning authority.
Even if it is correct in strict law that Galliford Try plc
are the applicant (because only their name will be shown as “Applicant” on the
application for conservation area consent form), this is surely a case in which
Planning Law must not only be applied fairly, but be seen to be applied fairly.
If Brent Council were to decide this conservation area consent application in
favour of demolition, I believe that most impartial observers would consider
that they had acted as both judge and jury in their own case. It might also
lead to legal action, resulting in additional delays and costs, a situation
which I hope all parties would prefer to avoid.
As “the Secretary of State” can be “the appropriate
authority” for the purposes of both Section 74 (2) (a) and (b), and can
consider the evidence and arguments of both sides in a manner which will be
seen as independent of both, the way in which I would suggest that you can
resolve this matter at an early date is to notify all parties along the
following lines:
In the particular circumstances of this case, and without
prejudice to whether S.74 (2) (a) or S.74 (2) (b), Planning (Listed Buildings
and Conservation Areas) Act 1990 applies, the Secretary of State for
Communities and Local Government will act as the appropriate authority in this
case, and any conservation area consent application made in respect of the
proposed demolition of the 1894 Willesden Green Library building in the London
Borough of Brent must be referred to him.
Everyone involved would then know how the application should
proceed, and could prepare accordingly, saving time which might otherwise be
wasted in disputes over who was “the appropriate authority” when the
conservation area consent application is actually made.
As well as
replying to me as an individual, please send copies of your reply to the Chief
Executive of the London Borough of Brent and the Company Secretary of Galliford
Try plc, to whom I have copied this letter at the addresses shown below, and to
the two groups whose letters of support are attached, Keep Willesden Green and
Willesden Local History Society, who have seen this letter in draft.
Thank you. I look forward to hearing from you.
Yours sincerely,
Philip Grant
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