Forum Topic

Windmill Towers, One Year On....

A year ago the new WPCC board met and agreed to act even less transparently than the devious, previous board. However the did resolve at their first meeting to....g) to publish the Resolutions of each Board Meeting within one week of that Board Meeting;The last board meeting was on Monday 8 April 2019 and three weeks later there are no resolutions...In the Governance review it was agreed that a conflict of interest register would not only be kept, it would be published on the website.  If it is on the website, I would be pleased if someone could point me towards it....In a few weeks there will be the 2019 open meeting, again if anyone can point me to the date or venue it would be much appreciated....There are no draft minutes of the 2018 Open Meeting, so the last word on the under sale of the easement at the Putney Hospital is from the 2017 minutes, which close with this remark in response to the lies of WPCC Conservator Andrew Simon....“Mr Cameron commented that he did not accept this. Andrew Simon has just told the meeting a pack of 24 carat bullshit. He could say categorically, without any fear of being contradicted that there were no instructions, no valuation and the advice in 2008 from Drivers Jonas, in writing by means of a “scrappy email”, that the access was worth £775,000. He has the calculations and e- mail and happy to share. This did not suit what Mr Simon and his colleagues wanted to do which was to sell it on the cheap so brought the price down and down.”

John Cameron ● 2753d27 Comments

Dear Mr LeeFC Email Team (Queue) 30 December 2014 15:49Simon LeeWimbledon and Putney Commons Conservators 303167Thank you for your letter.We note that the charity has written to provide an update to the Commission in respect of a deed of easement overthe Commission as part of the redevelopment of the former Putney Hospital site.You have told us that the trustees took the matter to court and subsequently to the Court of Appeal where it washeld that the trustees did have the power to grant the easement.However an easement is a disposal for the purposes of the Charities Act 2011 and therefore the trustees need toensure that they have complied with s.117-125 of the Act. As the land concerned is designated they would alsoneed to ensure that they complied with the requirement to give public notice and consider representations. It is notclear from the information we hold from previous correspondence whether the trustees have confirmed this. Thecourt case only referred to the power the charity had to grant the easement but did not refer to the effect ofthedecision on the charity. Therefore we require some further information.Can you confirm that the trustees have fully complied with the provisions of Section 117-125 of the Charities Act2011 in relation to the disposal? If not please give full reasons why.As the land is designated we would refer you to the guidance on public consultation, please see the link to ourguidance below*Can you provide copies of the minutes of relevant meetings which show the decisions being made in relation to theeasement? Can you confirm that these decisions were made purely in the best interests of the charity rather thanany councilor political considerations?We would also require a copy of the surveyors report and any other advice that the trustees obtained in order toenable them to make their decisions.We have recently published new guidance for trustees on decision making, please read this here online which maybe useful to you https:www.gov.uk/government/publications!its-your-decision-charity-trustees-and-decision·makingGuidance on the requirements of the Act in relation to disposal of charity land can be read herehttps:www.gov.uk/government/publications!its-your-decision-charity-trustees-and-decision-makingWe look forward to hearing from youYours SincerelyShirley BanksCharity Commission

John Cameron ● 2749d

Dear DavidWimbledon and Putney Common Conservators (303167)I am writing to confirm our advice about the requirements of Part V of the Charities Act 1993 when the charity exercises its newly recognised power to grant easements over the commons.Section 36 of the 1993 Act (as amended by the Charities Act 2006) provides that a charity may only grant an easement over its land (which would amount to a disposition" within the meaning of section 36) if: authorised to do so by an Order of the court or the Commission; or if it can comply with the requirements of section 36(3).Section 36(3) requires charity trustees to take the following steps before committing their charity to grant an easement:1 to obtain and consider a written report from a qualified surveyor (who must act exclusively for the charity);2 to advertise the disposition, if advised to do so by the surveyor; and3 to decide whether they are satisfied, having considered the surveyor's report, that the proposed terms are '"the best that can reasonably be obtained for the charitySection 36(6) imposes an additional public notice requirement In respect of the disposal of charity land that must be used for particular charitable purposes. The charily trustees must give at least one month's public notice, inviting representations and must take into consideration any representations they receive. These additional requirements will apply to the grant of an easement over the commons which must be protected, conserved in their natural state, and preserved as open spaces by virtue of sections 34 and 36 of the Wimbledon and Putney Commons Act 1871.More details of all these requirements are set out in our operational guidance on disposals of An Order to authorise the grant of easement will only be necessary if: the grantee is a "connected person" within the meaning of schedule 5 of 1993 Act or the requirements of section 36(3) cannot be met.The requirements of section 36(3) of the 1993 Act will not be met if easement are offered on terms that fall short of what the charity trustees consider to be 'the best that can reasonably be obtained for the charity." If, therefore, you wish to offer easement at a discounted rate, you would need to seek the Commission's consent by Order under section 36(1). Before we would make such an Order, you would need to demonstrate to us that the Order would be in the Interests of the charity, and that any private benefit resulting from sale of an easement at an undervalue would be no more than incidental to enabling the charity to further Its purposes. The position will, of course, be different where easements have been acquired over the commons by prescription. In such cases, the charity may not be considered to be "granting" an easement at all. If, however, the charity is required to execute any confirmatory documentation (for example, by the Land Registry), we would be happy to make an order under s.36(1), if it proves necessary to put it beyond doubt that any applicable requirements of Part V of the 1993 Act have been met. In such cases, we would also be happy to make a direction under section 36(8) so that the public notice requirements under section 36(6) would not apply, as such public notice would serve little purpose, given the charity's lack of influence over the outcome.I hope that this is helpful and would be happy to discuss any of this further.Yours sincerelyDavid Boyde:David.Boyd@charitycommission.gsl.gov.uk

John Cameron ● 2748d

From: Mike Scott Sent: 01 November 2016 15:46To: 'prue_whyte@hotmail.com'Cc: Lynn Povey; Louise ClarkSubject: WPCC: our costs. Private and Confidential Dear PrueI refer to my emails to you of 26 October. Now that the Charity Commission’s deadline of 13 October has been successfully met I write in relation to fees for advising on matters arising from the complex board situation and from the statutory inquiry.We have reviewed the overall position, which is as follows:We have now completed the stage of the action plan involving the appointment and instruction of a surveyor to carry out the retrospective valuation and will now invoice the agreed fee of £26,000 (for your information, at our agreed time charge the invoice would have been nearly £30,000 plus VAT).We have advised you from 15th September in relation to the opening of the statutory inquiry, and the order, direction, media release and additional questions raised in that connection. Now that the Charity Commission deadline has been met, we will submit an invoice for the work done, which at our agreed rates comes to £11,812.To date we have a further £55,000 of unbilled time on this matter, which does not include time spent on our internal case administration. In our opinion, it is almost all due to the difficulties raised by certain Conservators, which has led to much more time having to be spent than we could have anticipated, and a more accelerated timetable, requiring prioritisation at the expense of other work. This all lies outside the scope of our fixed fees and estimates. We would like the Conservators to agree that we can invoice for some of this time – we suggest £25,000 is appropriate – and in the interests of the charity we will agree to write off the £30,000 balance of time incurred. We are well aware that this will not be welcome but it is important that all Conservators are aware of the true cost of addressing the various issues involved in the Putney easement matter. I hope that this can be agreed. From now on it will be necessary for us to charge on a time basis and we will keep you informed of accrued costs on a monthly basis or more frequently if you would prefer.Regards MikeMike Scott | Partnerfor and on behalf of Charles Russell Speechlys LLP

John Cameron ● 2747d

The Charity Commission have been in the news recently with considerable criticism of their handling of the Garden Bridge fiasco, which cost the charity some £50m including £21m paid to the contractors to not build the bridge.MPs and London AM’s have both suggested that the Commission should have conducted a rigorous inquiry into the failures of the trustees instead of “brushing it under the carpet”.  The Chair of the Commission, Dame Tina Stowell was described as ‘the insider’s insider’ when she was appointed, despite failing miserably when her nomination was scrutinised.“A committee of MPs has unanimously refused to endorse the appointment of a former Tory minister as chair of the Charity Commission, with a stinging rebuke to the government for selecting her despite “a complete lack of experience”.” (Guardian 20 Feb 2018)The Commission were lied to by the trustees and Simon Lee, trustees colluded to cover up the undersale and to prevent any recovery of the missing £1m. Whyte and Lee lied to the Commission in an attempt to get me disqualified, and were supported by MPs, Greening and Hammond.The Commission missed multiple red flags and allowed the conflicted trustees to investigate themselves.  The Commission stated that any sale on the cheap would need their consent and need to be justified. The trustees ignored this, but it was clear to the Commission that the school sale was £1.00. Despite knowing this, it appears that it never occurred to the Commission that they had not been approached for consent.Or, they did, but decided to ignore it....

John Cameron ● 2735d

07 September, 2015Ms Paula Sussex Chief Executive Charity Commission 1 Drummond Gate London SW1V 2QQDear Ms SussexQualified Surveyors Report, Putney Hospital / Wimbledon and Putney Commons ConservatorsWe have confirmed to Ms Shirley Banks and Mrs Tracey Monaghan‐Smith of the Charity Commission previously that using powers of the Audit & Risk Committee of the WPCC that a QSR was being procured retrospectively of the sale of the easement (land) at Putney Hospital. We have now received the body of the report, but without various appendices, executive summaries and so on.In view of the findings of the report, which confirm a substantial loss of at least £1,312,500, we thought it best to contact the Charity Commission, without further delay. A full copy of the report will be forwarded to the Charity Commission later this week.We expect to present the main findings of the report at the next full board meeting of the Trustees which is scheduled for Monday 14 September.Montagu Evans, Chartered SurveyorsThe report has been prepared by Mark Whitfield, BSc MRICS, a Partner in the Professional Services Department of Montagu Evans LLP. Mr Whitfield has experience of providing Valuation and Charities Act advice to a number of national and local charities, including the provision of reports and advice in relation to the disposition of land or interests in land on terms complying with the requirement of both the Charities Act and Associated Qualified Surveyors Report Regulations. A copy of Mr Whitfield’s CV will be attached to the final Report.Mr Whitfield was advised in respect of specialist town planning advice by Mr Sam Dalzell, an Associate in the Planning and Development Department of Montagu Evans LLP. Mr Dalzell’s opinions and analysis of prevailing planning policy have been reviewed and approved by a Partner, Mr John Cohu.Both Mr Dalzell and Mr Cohu have significant experience of working within the London Borough of Wandsworth on a variety of development projects including Ram Brewery, Springfield Hospital as well as a number of residential lead developments in the Vauxhall, Nine Elms and Battersea Opportunity Area. As such they have a good working knowledge of the planning policies prevailing within LBW both currently, but also as at the date the Easement was entered into.Terms of ReferenceThe propositions that have been considered, which are the same as the propositions that would have fallen to be considered by a Qualified Surveyor preparing a contemporaneous Qualified Surveyors Report (“QSR”) are as follows:          1. Whether the terms of the proposed Deed of Easement were representative of those which would satisfy Section 119 of the Charities Act 2011 and, as such, can be said to be representative of the best terms / price, reasonably obtainable in the open market?2. If the answer to proposition i) is no, then why is that not the case? In order words, on what basis did the terms agreed not achieve the best terms / price (often referred to as “best consideration”) for WPCC in consideration of the grant of the Easement?3. If the terms of the Easement were not the best terms reasonably obtainable, what terms, or range of terms, should have been agreed?ConclusionThe report goes into the factual matters surrounding the sale (February 2012, completed in August 2014) in considerable detail. Various claims made by the Conservators and BWB are challenged, for example that “works to the common” are part consideration. Mr Whitfield concluded he could not find any works that were to the sole benefit of the common, ie the works were part of the development.The report shows that in terms of value Mr Whitfield concludes that as the land was “an absolute ransom strip” that the Conservators share of the marriage value was a minimum of 35% of £4.750m, and that more may have been possible in negotiation, if the Trustees had been properly advised by an appropriately qualified surveyor.The Charity’s share of the marriage value is a minimum £1,662,500, which after deducting £350,000 received, equates to a minimum loss to the Charity of £1,312,500.The Charity Commission is already aware from our previous correspondence that the then Trustees (three of whom are still Trustees) failed to follow the legal requirements of the Charities Act when selling the easement. Furthermore, in our view the Trustees and their advisors have deliberately misled the Charity Commission on a number of occasions, in an attempt to cover up their multiple failings.The report will be discussed at the Audit & Risk Committee and the full board of the Charity; both meetings will be held on 14 September.There is a material risk that the full board will resist taking the matter further, in view of the conflicts of interest and previous attempts to delay our enquiries.Yours sincerelyJohn Cameron Nicholas Evanscc Ms Shirley Banks / Mrs Tracey Monaghan‐Smith, Charity Commission

John Cameron ● 2729d

02.12.7 Putney HospitalThe Chairman reported that, after several months of meetings with Wandsworth Council, the Putney Hospital Sub-Committee was now in a position to recommend to the Board of Conservators the approval of all the documentation relating to the old Putney Hospital site. The documents were as follows:Licence to Occupy, Demolish, Develop and Erect HoardingDeed of EasementAgreement for the Grant of a Deed of EasementContract for the Sale of Freehold Land at Stag LaneTP1 (Land Registry Transfer) relating to land at Stag LaneThe Chairman explained that, according to the agreement reached with Wandsworth Council, the old car park and the land encroached on by the building of the Nurses’ Home would be returned to Putney Lower Common and the new development of the school and the flats would be built completely on Council land. The Council had agreed to compensate the Conservators for the small additional loss of green land used for the access road across the Common with a transfer of a small area of land alongside Stag lane at the REMPF. As the land was more than required for compensation alone, the Conservators would pay a very modest sum for the additional land. It was hoped that a machinery store could be built on the site. A substantial payment for the easement to the block of flats had also been agreed, and this was considerably more than had been previously agreed with the Primary Care Trust.The Conservators approved the documentation and the Chairman was given the authority to sign as necessary. The Conservators congratulated the Sub-Committee on a successful outcome to the negotiations. Sharp eyed residents will note that the approval to sign the documents did not extend to the board reviewing a Qualified Surveyors Report, or the price - "a substantial payment"  Lee and Gregsons claimed to the Charity Commission on at least three occasions that the WPCC had complied with the law. 

John Cameron ● 2724d

Tina Stowell, Chairwoman of the Charity Commission on Oxfam....——————————————-No charity is more important than the mission it pursues or the people it serves. That applies not only to Oxfam, whose serious failings were exposed by an award-winning Times investigation. It’s a message all charities need to hear and understand, because it isn’t just about safeguarding or far-flung places. It’s what the public feel about every single one of the 168,000 charities on our register.Charity has long been a vital part of our national life. It saves lives, and makes life worth living. It cares for us, maintains our heritage and curates our culture. But charities as organisations can’t take their position in society for granted. In the eyes of the public, charity is about the highest standards of behaviour and attitude. It’s about how a charity pursues its mission, as well as about effective operations.Many involved in charity understand this. But over recent years, we’ve seen charities losing sight of what they stand for in pursuit of organisational advantage. We’ve seen charities engage in pressure-tactic fundraising, supposedly justified by the money that raises for the cause. We’ve seen charities that should be working together instead competing for scarce resources. And we’ve seen charities putting their reputations before their purposes in responding to failings.The Charity Commission wants charity to thrive and inspire trust so that people can improve lives and strengthen society. I want charity to succeed because it is a powerful force for good that brings so much benefit to all of us. That’s why I say to those involved in charities: the good you do can never be banked. Charity has to be demonstrated, again and again, in the difference you make and in the behaviour and attitude of your people.And those in positions of leadership — from volunteer leaders of community groups to CEOs of large aid agencies — must hold themselves and their people to account for the way in which they carry out their mission. Some already do that. But all charities are custodians of something very precious. The commission as regulator will support charities in upholding public expectations and delivering maximum benefit to society. But we will also — as shown in the case of Oxfam — call them out when they fall short

John Cameron ● 2707d