Wednesday 8 October 2014

Shame on the RBWM Council


THE LEASE OF 'PUBLIC OPEN SPACE' HAD ALREADY BEEN SIGNED - LONG BEFORE THEY EVEN ADVERTISED THE NOTICE FOR ITS DISPOSAL!!

Four weeks ago we noticed that the Council had made a mistake in not advertising the notice to dispose of open space at Braywick Park for two consecutive weeks and therefore the Council had to start the process a second time. 


Local residents & users of Braywick Park again took pen to paper to object to the loss of the open space, in particular the apple orchard which is the only grassed, dog free area in the whole of Braywick Park. The improvements to the apple orchard as well as the area immediately outside the Nature Centre were carried out only 2 to 3 years ago when the Council received funding through Groundwork South and Britvic. 

Now we find the advertising of the notice was all a sham as the Council had already signed the lease on the 3rd July! (The lease which covers the former Winbury School buildings, the buildings formerly leased to Winbury School and the open space).


(Confirmation received from Emma-Jane Brewerton of Shared Legal Solutions - who we wrote to with objections, and also reported here in an article in the Maidenhead Advertiser.)



According to the March Cabinet Report (click here to read)
" 2.8 The area of land between the two buildings (C) is currently designated Public Open Space. This will become enclosed and will be for the sole use of the school. The public will be consulted on the loss of the Public Open Space. Consultation will occur through the local media. Any objections to the proposed disposal must be considered in accordance with s123(2A) of the Local Government Act 1972. If this part of the site is used for the purposes of school playing field in the future it may fall under the protection afforded to school playing fields and restrict future use.(The DfE definition of playing fields currently includes hardplay spaces)." 
Didn't happen.
"14.1 Braywick Court School has carried out its own consultations with the public. Prior to disposal of the open space RBWM has to advertise notice of intention to dispose of the land in question in accordance with s123 Local Government Act 1972 (as detailed para 5.4 above). "
You already know what we think about the School's 'public consultation'. (Read about it here).


OK, so they did advertise it - BUT ONLY AFTER THEY'D ALREADY GONE AHEAD AND GRANTED THE LEASE ANYWAY... Yay Democracy!(?)

There appears to be a conscious decision on the part of the Council to push through Braywick Court School without any regard to legislative procedures which require the Council to advertise its intention to dispose of the public open space and consider any objections before making its decision.

By not following the correct procedure, the Council has caused an injustice to all those residents who value Braywick Park and its open space.

The residents of Maidenhead deserve better governance from their officers and councillors.

Looks like the Council had forgotten and officers were going through the motions in the hope that residents wouldn't realise the lease had already been signed. Why didn't the council simply put their hands up and say they had made a mistake?

We want an explanation from Councillor Burbage & RBMW's Managing director, Mr. McGaughrin as to why the council granted the lease on 3 July despite the fact that:

- It did not advertise its intention to dispose of the public open space & consider any objections before making its decision 

- It did not consider the need for public open space within the locality when making the decision to dispose of the land.

We still have had no response from any member of the Council on these matters (although Cllr. Dudley HAS been helpful and communicative so far on a few other issues relating to the School, and Ann Pfeiffer has also replied to some of our questions).


However, it continues to look like there's been some pretty underhand, undemocratic stuff going on here... 

The public were not consulted, and the objections were not considered. 

RBWM went ahead and granted the leases without notifying anyone. As they are required to do.

Is this whats going to happen again when the planning application (eventually) gets submitted? 

The one which involves building on the green belt in the middle of Braywick Park? 

Is anyone in the Council going to listen to local residents and users of the park who are against this? Can we believe they will follow the rules when it gets to that point? So far, it would appear that they haven't... 

The same document containing the rules they've already broken contains this section. Maybe they will just grant that lease too? Who cares about planning permission anyway...

"2.7 The Free school will apply for planning permission for any extension to the existing school building and for the new Nature Centre. The latter will be on the basis of drawings and a specification prepared by RBWM. Only if planning permission is granted will the lease for the Braywick Nature Centre be entered into." 



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