Dear BNG Supporter,
We are currently facing a most unfair challenge by the Local Authority to the Asset Of Community Value (ACV) status on the land we are trying to protect. The Council have given the landowner(s) a most generous and unfair extension of the appeal period to the ACV decision and last week they have just advised us that unless BNG can “provide evidence” within 7 days (ie: by next Friday 29th Nov) of realistic capabilities by BNG of funding a bid for the land, our ACV status will likely be overturned!
WE CANNOT PUT THIS MESSAGE ON ANY WEBSITE OR SOCIAL MEDIA AS THE COUNCIL OR MASH’S ADVISORS WILL SEE IT AND USE IT TO DISCREDIT THE RESPONSE I NEED TO MAKE IN THE COMING WEEK.
I must stress I am NOT seeking watertight financial commitments from anyone but I need to push back. Accordingly, I am trying to find a handful of people who will write to me (ideally with proof of funds), in the next few days saying something to the effect that if in the next 5 years, BNG had an opportunity to bid for the land, they might we willing to contribute £ X thousand pounds towards any community bid for the land.
I may be clutching at straws at such short notice but we are not looking for legal obligations or commitments from anyone just something to silence the Council’s incorrect interpretation of the law that we need to prove we have funds now. If I had just a handful of people saying they might donate OR just lend BNG say £20k to £100k (subject to contract or subject to them still living nearby or whatever other conditionality they choose such as a legal charge on the title etc), I think that together with the substantial funds already pledged by two BNG committee members and my pointing out that BNG is also entitled within its Articles of Assoc to borrow funds from a bank too, that we may yet thwart this outrageous abuse of process which is transparently intended to help keep the Council’s Local Plan on track.
If anyone could write such a letter or email and send it to me ASAP, it would be terrific. We have to provide proof by Friday November 29th. I suggest any draft letter or email should read roughly as follows but please personalise / change it as most appropriate for you. Again I don’t want to send in identical letters but rather ones that look as though the writer has thought about this, but please try to cover the issues recited in this draft:
To the Directors Brown Not Green Chesham Ltd
SUBJECT TO CONTRACT – PRIVATE & CONFIDENTIAL
Dear Mr Plato,
I refer to our previous meetings & discussions earlier this year about the land at Lye Green.
I recall advising you in the summer that I am in the fortunate financial position, if needed, to be able to lend or donate funds for BNG to purchase the land at Lye Green and thereby maintain it in community ownership in order to protect this land from the inappropriate development being suggested in the draft Local Plan. I understand that any Right to Bid by BNG lasts for at least 5 years and is dependent upon the land securing & maintaining its status as an Asset of Community Value.
I recall everything we discussed a few months ago and I confirm still support this initiative by BNG as the land certainly improves the wellbeing of my household as I am sure it does for the hundreds of other people I see using it regularly.
I understand that you now need to present the Council of proof of funding. On the strict understanding that this letter is not shared with anyone other than BNG Directors & the Council, I am happy to confirm the following;
[ amend / alter these next points & especially items in square brackets as appropriate - ]
Assuming I am still living nearby when any Right to Bid is to be exercised by BNG in the next 5 years, I confirm will be willing and able to [ donate / lend ] the sum of £ [50,000 or whatever] to BNG.
[ IF DONATING] This donation is only conditional as we discussed, upon the land being held in trust by BNG for the community use and for our family’s own continued recreational access. I know you also understand that this offer is made on the understanding that I would expect to be consulted on the contract for the purchase of the land and therefore my contribution is subject to contract.
[ IF LENDING ]- I am willing to forgo any interest on this loan provided the land is held in trust by BNG for the community use and that the quantum of my loan is secured against a second charge against the legal title to the land. I am content for the loan to remain in place until either BNG can secure a longer term financial arrangement for funding the land or unless it is requested to be repaid by me within 6 months of my giving notice for repayment.
[CHANGE AS SUITABLE -] I attach a redacted statement for you to share with the Council as proof I have funds […..OR ……] I confirm I have sufficient liquidity to advance these funds to BNG if given at least 3 months’ notice by virtue of the fact I own my own business / I am employed as a Director of XYZ PLc and have been for x years / [ or any other appropriate statement indicating net worth etc ].
Yours faithfully,
Mr & Mrs XYZ
All letters received by Philip Plato will be treated in the strictest confidence. Please email to phillip@platoestates.com
Thanks
