DELEGATED POWERS REPORT NO. 105 (VAL/DP/55/06) Control sheet The following MUST be completed at each stage of the process

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1 DELEGATED POWERS REPORT NO. 105 (VAL/DP/55/06) Control sheet The following MUST be completed at each stage of the process All reports 1. Democratic Services receive draft report Name of DSO Janet Rawlings 22/09/ Democratic Services cleared draft report as Name of DSO Sharon Agostini being constitutionally appropriate 26/09/ Finance clearance obtained from (report author Name of Fin. officer Clive Medlam to complete) 25/09/ Staff and other resources issues clearance Name of Res. officer Ade Oyemade obtained from (report author to complete) 10/09/ Legal clearance obtained from (report author to Name of Legal officer Thila Brockwell complete) 11/09/ CPO clearance obtained from (report author to Name of CPO officer Andrew Nathan complete) 22/09/ The above process has been checked and Name Nick Walkley verified by Chief Officer or his/her Deputy 25/09/2006 (report author to complete) 8. Report, containing scanned signature of Name of DSO Sharon Agostini Cabinet Member or Chief Officer, & date, 06 October 2006 received by Democratic Services for publishing 9. Report published by Dem Services to website Name of DSO Sharon Agostini 06 October Officer reports (Exec. Function) and all Council Name of DSO function reports: Head of Service informed report can be implemented. Cabinet Member reports only also complete the following steps All other reports for further steps go to 19 below 11. Expiry of call-in period 13 October Report circulated for call-in purposes to COSC Name of DSO Sharon Agostini members & copied to Cabinet & Head of Service 06 October Report called in? Y/N 14. Reports not called in: Head of Service informed Name of DSO report can be implemented (Now go to step 19) Reports called in, complete following steps: 15. Information passed to Head of Service and Name of DSO DSO for COSC 16. Report listed for COSC meeting on 17. Head of Service informed report referred back (Ref), or can be implemented (Imp) Ref/Imp 18. Reports exempted from call-in: PDSO informed for report to Council. reported to Council 19. All reports: referred to OSC Manager; 20. Referred to OSC Name of DSO Council meeting Name of DSO Meeting

2 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Subject Officer taking decision Cabinet Member(s) David Lloyd Leisure Centre, Leisure Way, High Road, Finchley N12 Director of Resources Leader of the Council and Cabinet Member for Resources of decision 5 October 2006 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) To report (i) approval for the settlement of a rent review and (ii) the grant of landlord s consent to carry out works at The David Lloyd Leisure Centre, Finchley, N12 Ademola Oyemade Public with a separate exempt section Woodhouse None N/A Contact for further information: Ademola Oyemade, Property Services and Valuation or Ademola.oyemade@barnet.gov.uk Serial No.105 (VAL/DP/55/06)

3 1. RELEVANT PREVIOUS DECISIONS July 2002 Delegated Powers Report of the Regeneration Services, gave approval on the grant of retrospective Landlord s Consent to carry out works to the Centre July 2001 Delegated Powers Report of the Regeneration Services, gave approval to revise the rent with effect from 17 June CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 Under the Corporate Plan the Council is committed to a cross-cutting priority of a Better Council for a Better Barnet. The proposals stated in this paper help achieve this by increasing rental income to the Council and by allowing the tenant to carry out improvement works that will benefit the community. 2.2 The proposals stated in this report do not adversely impact on any of the Council s regeneration schemes. 3. RISK MANAGEMENT ISSUES 3.1 I have considered whether the issues involved are likely to raise significant levels of public concern or give rise to policy considerations and it was not considered that the issues would raise significant levels of public concern, or give rise to policy considerations. 3.2 Rent Review: The Council will forgo money owed to it if it does not complete the rent review. 3.3 Proposed Works: The lease requires the Council to give written consent (not to be unreasonably withheld) to proposals to carry out any structural alterations or additions. To unreasonably refuse/delay consent is likely to result in the works being carried without consent and increase cost to the Council. 4. FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS 4.1 None beyond those set out in the public and exempt report. 5. LEGAL ISSUES 5.1 None. 6. CONSTITUTIONAL POWERS Part 3 Responsibility for Functions

4 6.1 Chief Officers can take decisions in consultation with the Cabinet Member concerned, amongst other things, to discharge the duties allocated to them or dealt with by their staff, except for matters specifically reserved to Executive Members, Cabinet meeting, Cabinet Committees, Committees or Council...in all matters where they have managerial or professional authority... (para 6.1). /responsibility-functions.pdf 7. BACKGROUND INFORMATION 7.1 The Council owns the freehold interest in the property, and have granted a lease for a term of 125 years from 17 June The lease is held by Whitbread Property Plc. The lease limits the use to a tennis centre with ancillary services. 7.2 The lease provides for the rent to be reviewed in line with the retail price index every 5 years and this paper seeks authority to review the rent with effect from 17 June 2004 at the amount set out in the exempt report. The revised rent is determined by the retail price index and has been agreed with the tenant, subject to Council approval. 7.3 In May 2006 the tenant requested Landlord s Consent to carry out the following improvements: Single storey extension to the open terrace area to the north-eastern side of existing indoor swimming pool building. Featuring the following: new shower area. new 16 person steam room. new relaxation area for sun beds. new cleaner/store room Alterations and improvements to the existing male and female changing rooms and showers: Removal of existing sauna & steam room and construct a new sauna. Add padlock system to all existing lockers Review and upgrade to existing air conditioning ventilation. Replace existing wall tiling with new ceramic tiling, concealing services and making good any floor and ceiling finishes Refurbishment upgrade to existing indoor swimming pool: New external balance tank for spa pool Separate the baby pool filtration system from the main swimming pool New pool-side shower area.

5 7.4 The proposed works have been agreed subject to Council approval on the following principal terms and conditions: Tenant to ensure that the works cause minimum inconvenience to the owners or occupiers of adjoining properties The works shall be carried out in a good workmanlike manner to the satisfaction of the Council Tenant to obtain and meet the requirements of all planning, building, environmental, health and safety regulations. The proposed facilities will be accessible to the disabled in accordance with current regulations Tenant to pay forthwith any increase in premium payable in respect of any insurance policy by reason of carrying out the works At the expiration or sooner determination of the lease of the premises to yield up to the Council the premises with all improvements made by the tenants in a state of good repair and condition in accordance with the tenant covenants contained in the lease of the premises. If so required by the Council, the tenant will reinstate the premises at the expiration or sooner determination of the lease of the premises During construction on site, the operation of site equipment generating noise and any other nuisance causing activities audible at the site boundaries or in nearby residential properties shall only be carried out between 8.30 am to 6pm Mondays to Fridays, 9am to 1pm Saturdays and at no time on Sundays or Public Holidays Tenant will indemnify the Council against any liability, losses, claims, injuries, costs, charges, expenses and proceedings whatsoever arising out of or by reason or in consequence of carrying out the proposed works Tenant is to consult with the Council s Building control group to ensure works are carried out in full compliance with the heath and safety standards, and other statutory requirements Construction vehicles will not be allowed to park on the public highway and all vehicles associated with the construction of the development are properly washed and cleaned to prevent the deposit of mud and dirt onto the adjoining highway The parking of contractor s vehicles will be within the Centre s existing car park and that no skips or heavy vehicles should enter the site before 8.30am The works must be completed as expediently as possible and not cause any damage to neighbouring land or occupiers or undue noise or nuisance to neighbouring users and occupiers The consent does not imply any warranty by the Council that the building works meet all Council s requirement.

6 Tenant will pay the Council s surveyor s cost as set out in the exempt report Tenant is to inform the Council on completion of the works so that an inspection can be carried out The consent will be dealt with by exchange of correspondence. 8. LIST OF BACKGROUND PAPERS 8.1 None. 9. CONSULTATION WITH CABINET MEMBER(S) 9.1 The Leader & Cabinet Member for Resources has been consulted and agreed the action taken. 10. OFFICER S DECISION I authorise the following action: 10.1 For the agreed revised rent to be recorded by a rent review memorandum That the Council grant landlord s consent for the proposed works. Signed Nick Walkley Director of Resources. 5 October 2006