World Music night - Fri 11 May Pontcanna

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Power Cut.pdf (356 KB)

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Power Cut.pdf (356 KB)

#saveislandhouse Correspondence between Shabana Mahmood MP & Mr. Stephen Hughes, Chief Executive Birmingham City Council

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Posted by Nicky Getgood 

#saveislandhouse letter to Mr. Stephen Hughes, Chief Executive Birmingham City Council on 27th Feb 2012

64, Margaret Grove,

Harborne,

Birmingham, B17 9JL.

Mr. Stephen Hughes. Chief Executive Birmingham City Council.

Council House,

Victoria Square,

Birmingham, B1 1BB.

27  ^th February 2012.

Island House, 2, Fazeley Street, Birmingham.

Dear Mr. Hughes

I write in respect of Island House and recent correspondence received as a member of the SaveIsland House Group

It is extremely disappointing that Council officer feel powerless to stop the demolition of this building which of course we feel is an incorrect viewpoint and needs immediate reconsideration and appropriate action taken to halt further demolition.

Quintain entered freely into the various s106 and 111 agreements with Birmingham City Council. As a commercial company whether they make a profit or not from the development is not for Birmingham City Council to take into consideration in deciding whether to enforce agreements created for the betterment of Birmingham and its citizens. You should remember that your primary responsibility and duty ultimately is to electors and not the profitability or not of commercial organisations.

Implementation is of course the usual matter in deciding whether an agreement remains enforceable. In this case there are several issues to consider.

Firstly the building of Hotel La Tour is a fundamental proposal in the original outline and subsequent permissions. The building of this hotel is a fact. The land on which it stands will have been subject to a land charge by BCC and it is inconceivable that the owners of the land will not have been aware of this and the fact that obligations follow the land.

Secondly implementation is secondary to the fact that BCC assembled the parcel of land and negotiated the sale to Quintain to facilitate the development and in return received an agreement to planning obligations from them. In particular Island House initially proposed for demolition by the developer was required at the specific requirement of BCC to be retained and refurbished. BCC put a distinct value on this building and would not have sold the parcel of land without the obligation in place. Obligations must be necessary; this is generally taken to mean that without the planning obligation there would be sufficient reason to refuse planning permission for the development

I put to you that in essence BCC said: ‘we will compulsorily purchase and sell you this piece of land in return for agreeing to do this’. This is quite different to ‘we will compulsorily purchase and sell you this piece of land and subsequently if you carry out an act of implementation you will do this’.

So whether Quintain themselves ‘implemented’ the permission is immaterial as they freely contracted to purchase in return for fulfilling certain obligations. Quintain might reasonably have secured their commercial liability by ensuring that costs incurred in fulfilling the obligation would have been recovered from the proceeds of the land sale to ‘Hotel La Tour’ or that Hotel La Tour agreed directly to meet the obligation. But that is for them.

It is questionable from the planning permission for the hotel which only contains conditions, whether BCC properly took into account the obligations which ran with the land.

In any case BCC has further recourse in that both the s106 agreements dated 15.1.2010 specifically clause 2.2.5 of the agreements states: the Owner shall include persons successor in title to the Owner and its assigns and all persons deriving title to all or part of the Development Site under or through it.  Additionally in clause 7.2 of both deeds it is stated the deed shall be enforceable against the owner and ….…..against any person for the time being deriving title from the Owner.

Whether or not HS2 is built is not a matter for consideration. There is no formal application to develop part of this land for that purpose and if there was, the land would be sold by Quintain or their successors in title either voluntarily or by compulsory purchase. Until that takes place the original planning permission endures and at any time during that period the development may yet be commenced.

Whilst Quintain seemingly may demolish Island House, the s106 agreements remain including the obligation to submit planning applications to retain and refurbish. However by failing to act to stop the demolition BCC clearly weakens its position to retain the elements of the original building. Even when flattened and landscaped the obligations remain but more difficult to enforce in a worthwhile way. BCC has the option to serve a Building Preservation Notice which effectively lists the building for a period of six months or until the Secretary of State for Culture, Media and Sport includes the building on the statutory list. Doing so would give time for further evaluation of the building and alternative proposals to secure its future.

The variation of the s106 agreement negotiated by BCC with Quintain seemingly required no compensation for releasing them from a significant obligation and in only referring to Island House,implies that the other obligations remain. Amongst other items these are:

Open space sum of £500,000

Landscaping works to a minimum cost to the owner of £100,000

‘Public Art’ to be provided on the development site to a minimum cost to the owner of £100,000

‘Shopmobility sum’ to the value of £25,000

To submit a scheme for the retention and refurbishment of the Fox and Grapes Public House

To submit a scheme for the retention and refurbishment of the Island House

To provide pedestrian crossings to Park Street.

and the Masshouse Third Vehicle Lane

I put to you the question as to whether BCC expect any or all of these obligations to be fulfilled?

Finally the public consultation for Eastside continues and does not conclude until the 23^rd March. To allow demolition of such a significant building in this area during this consultation flies in the face of local democracy and suggests such consultation is meaningless and purely a mechanism to rubberstamp Officers proposals for the area.

In view of these points we request that BCC take immediate action to secure the future of IslandHouse and the fulfillment of the obligations negotiated and secured by the legal agreements.

We look forward to your early response.

Yours sincerely

Robert Sutton

Posted by Nicky Getgood 

#saveislandhouse Email to Planning Department on 24th Feb 2012

Email to Planning Department - 24th Feb 2012

Dear Joanne

I  note that the application form states it is a ‘public document and
all information contained on them will be placed on deposit for public
inspection both in the Council Offices and on a web site’.

The information required to complete sections 2 and 5 should therefore
be available for public inspection whether directly on the form or
attached to it.

Please can this information be made available as soon as possible.

*With respect to implementation, this has been triggered by the building
of Hotel La Tour and planning application C/07395/06/FUL and the s106
agreement dated 15.1.2010 specifically clause 2.2.5. Obligations ‘follow
the land’ and there will be a land charge with respect to the various
plots.*

*Further the question arises as to whether BCC should have been more
specific in linking the obligations to the planning approval for Hotel
La Tour and it would be sensible I suggest for BCC to ensure that no
demolition of Island House takes place until responsibility is
apportioned for fulfilling the obligations.*

Kind regards

Rob Sutton.

Posted by Nicky Getgood 

Getgood eats... Rainbow trout and a pancake

Got to see my new Cardiff GP this morning, who is a very nice man! On stronger antibiotics now.

8.30am cup of coffee with oat milk and one sugar

10.30am bowl of plain porridge with oat milk, flax oil, nuts and seeds, ground almond and raspberries. mug of hot water with lemon

2.45pm bowl of tinned Suma Tuscan bean soup with added broccoli and spinach, 3 pieces of ryvita with guacamole

6pm one of the pancakes I bought for Carl (I cracked!) and a banana

8pm trout with lemon, brown rice and steamed carrots, cauliflower and broccoli.

9pm decaf coffee with oat milk and one sugar

Posted by Nicky Getgood 

Greenbelt Lit StoryCamp session suggestion

Posted by Nicky Getgood 

Invite to unveil the Digbeth gorilla...

---------- Forwarded message ----------
From: Carly O'Donnell
Date: 6 July 2011 09:41
Subject: Invite to unveil the Digbeth gorilla...

 

Hi Nicky

You met my colleague James at the blogging event last week -  and I think he mentioned our very random Gorilla to you!

I've attached the release. We wondered if you'd like to come and officially' reveal' the gorilla tomorrow? We hope it's going to bring people to Digbeth over the summer so it would be great to get 'Digbeth is good' behind it.

Regards

Carly

Carly O'Donnell

Media Manager - Eurolines & UK Coach

National Express

www.nationalexpress.com

****************************************************

Click here to download:

King Kong comes to Birmingham.doc (31 KB)

(download)

Click here to download:

King Kong comes to Birmingham.doc (31 KB)

Posted by Nicky Getgood 

Next pubwatch. 7pm Tuesday 7th June 2011 The White Swan, Bradford Street.

Highgate and Digbeth Pubwatch Association

Minutes of meeting held Tuesday 10th May 2011
The Fountain. 7pm.

Apologies: Phil Bates (WMP)
Members present: Gerry Keane (Anchor), Brian Tohill (The Fountain), John
Tighe (The Spotted Dog), Cee Jay (UnPlug), Adam Crossley (Digbeth Residents'
Association), Val Woodward (Digbeth Residents' Association), Bill Dagnan
(West Midlands Police), Joan Durose (BCC Events), Amanda Baldwin (West
Midlands Police), John McMahon (An Craic), Noel Duff (Charles Napier),
Anthony Carter (Charles Napier), Anne Tighe (St Patrick's Festival),
Katherine Foy (St Patrick's Festival), Angela Rattigan (The White Swan).

Minutes of previous meeting: Read and approved.

Matters arising: None

St Patrick's Day Parade:
BD:     13 arrests. Generally ok. Few arrests for offences other than
drink-related.
Pleased with general behaviour.
Drinking on street stopped at 7pm.
Old Crown presented a potential problem where evening R&B music crowd and St
Patrick's crowd didn't really mix. The evening event was probably
"inappropriate".

JM:     Stewards should prevent people from crossing the dual carriageway
during the parade.

BT:     Traffic, including taxis, were allowed through to closed streets
after 6.00am. This should not happen.

GK:     Sandor and Kang warehouse in Birchall Street was isolated by road
closures - some of which seemed unnecessary - resulting in customers driving
onto the pavements past stewards to gain access to the warehouse.

JT:     Parade meetings should start earlier next year - preferably before
December.

JT:     Staff vehicle passes should be issued earlier.

Data Exchange:
JT:     To coordinate gathering of data re. utility bills, tradesmen, waste
services etc..

Digbeth Pub Guide:
Lukewarm response to proposal that a Digbeth Pub Guide would be beneficial.

ASBOs:
AC:     Charles Napier pub was warned by police not to serve people banned
from the area due to ASBOs. How does a licensee know whether a customer has
an ASBO?

GK:     Questioned ASBO policy and how it is implemented.

AC:     Having requested police "walk-throughs" thinks it is working. Two
"walk-throughs" last weekend resulted in two people being found in
possession of drugs.

A.O.B:
VW:     Project Pigeon in Fazeley Street are to organise a sponsored pigeon
race in June. Members present who agreed to pay £5.00 to have a racing
pigeon named after them included:
Charles Napier, The Spotted Dog, Anchor, An Craic, White Swan, Fountain,
(subsequently The Actress and Bishop, The Old Crown and Demi- Sel also
agreed to donate).

VW:     The next Digbeth Residents' Meeting is at Zellig, Custard Factory on
Monday 13th June at 7.00pm.

GK:     The Anchor is hosting a sponsored "Headshave" for S.E.N.S.E.on
Saturday 2nd July

End of Meeting

Next meetings
7.00pm Tuesday 10th May 2011 at The Fountain.
7.00pm Tuesday 7th June 2011 at The White Swan.
7.00pm Tuesday 5th July 2011 at The Clements Arms.Contacting Police

John Tighe
The Spotted Dog
104 Warwick Street
Birmingham
B12 0NH

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Posted by Nicky Getgood 

Ultraviolence - volunteers urgently needed!

Companis has been commissioned by VIVID to make a new work for their forthcoming exhibition Ecstatic, to be launched on 13 May. The work “Ultraviolence Part I” will be a sensory assault where the visitors will be invited to consume a superficial edible landscape in VIVID’s space whilst swathed in intensely coloured light and fluorescence.

The preparation for the event will take place on the day of Friday 13th between 11 and 6, and the event itself is scheduled 6-8pm. We are looking for volunteers to assist with the delivery of both aspects (preparation and event) so if you are interested to assist please email me letting me know your availability.

As a volunteer you will be expected to assume a semi-performative role and engage directly with the audience – so an interest in performance would be good however there are also less obtrusive roles available. For more information contact companis.kaye@googlemail.com and to register your interest email sonyarussell@blueyonder.co.uk by Wednesday 11 May.

For information, VIVID is based on Heath Mill Lane in Digbeth in Birmingham.

Thanks in advance.

We look forward to hearing from you

Sonya Russell-Saunders
Companis Intern

sonyarussell@blueyonder.co.uk

Posted by Nicky Getgood 

A YouTube film

Posted by Nicky Getgood