DELEGATED POWERS REPORT NO. 192 (VAL/DP/81/06) 4A Chesterfield Parade 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 27/12/2006 2. Democratic Services cleared draft report as Name of DSO Maria Lugangira being constitutionally appropriate 16/01/2007 3. Finance clearance obtained from (report author Name of Fin. officer Sue Templeton to complete) 28/12/2006 4. Staff and other resources issues clearance Name of Res. officer Siobhan O Donoghue obtained from (report author to complete) 15/11/2006 5. Legal clearance obtained from (report author to Name of Legal officer John O Hara complete) 07/12/2006 6. CPO clearance obtained from (report author to Name of CPO officer Andrew Nathan / Julie Pal complete) 27/12/2006 / 09/01/2007 7. The above process has been checked and Name Nick Walkley verified by Chief Officer or his/her Deputy 02/01/2007 (report author to complete) 8. Report, containing scanned signature of Name of DSO Cabinet Member or Chief Officer, & date, received by Democratic Services for publishing 9. Report published by Dem Services to website Name of DSO 10. 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 12. Report circulated for call-in purposes to COSC Name of DSO members & copied to Cabinet & Head of Service 13. 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/Imp (Ref), or can be implemented (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
ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Subject Officer taking decision Cabinet Member(s) 4a Chesterfield Parade Landlord s Consent Executive Director for Resources The Leader and the Cabinet Member for Resources of decision 19 January 2007 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) To report the terms agreed for the installation of an ATM (Automated Transaction Machine) cash machine at the above premises Siobhan O Donoghue, Principal Valuer, Property Services & Valuation Public with separate Exempt Report Underhill Site Plan N/A Contact for further information: Siobhan O Donoghue, Property Services, 020 8359 7360 Serial No. 192 (VAL/DP/81/06)
1. RELEVANT PREVIOUS DECISIONS 1.1 Delegated Powers Report, in the name of Development and Regeneration Services dated 7 July 2000 reporting the new rent following a rent review. 2. 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 proposal does this by providing an ATM cash machine which will benefit the local community. 2.2 The Strategic Development Unit has been consulted and confirmed that the proposals in this report do not adversely impact upon any of the Council s regeneration schemes. 3. RISK MANAGEMENT ISSUES 3.1 The Lease requires the Council to give written consent to the tenant, which is not to be unreasonably withheld, for any proposals to carry out structural alterations or additions to the premises. If the Council unreasonably refuses, the Tenant could bring an action against the Council seeking an order that consent has been unreasonably withheld. If the Tenant was to take such action, unless it could be shown that the withholding of consent was justified it could increase costs to the Council. 3.2 I have considered whether the issues involved are likely to raise significant levels of public concern or give rise to policy considerations. The installation of this cash machine is considered to be beneficial to the Council. It is thought the issues will not give rise to public concerns or policy considerations. 4. EQUALITIES AND DIVERSITY ISSUES 4.1 Barnet Council is committed to improving the quality of life and wider participation for all in the economical, educational, cultural, and social and community life of the Borough. This proposal does this by providing an additional service to the whole community. 5. FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS 5.1 The tenant is required to pay the Council s legal fees and surveyor s fees. Details of this are set out in the exempt report. 6. LEGAL ISSUES 6.1 None. 7. CONSTITUTIONAL POWERS Part 3 Responsibility for Functions
7.1 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). 7.2 See link below: http://www.barnet.gov.uk /responsibility-functions.pdf 8. BACKGROUND INFORMATION 8.1 Forbuoys Ltd currently occupies 4a Chesterfield Parade under the terms of a lease dated 1 September 1984 for a term of 20 years. They are currently holding over under the terms of their lease. However, the Council are currently in negotiations with the tenants agents and are close to agreeing terms for a new lease. The premises are currently used as a confectioners, tobacconist, stationers, newsagents and sub-post office. 8.2 The tenant is seeking Landlord s consent to install an ATM cash machine at the premises. The Council is prepared to grant consent subject to the necessary authorities being sought. 8.3 The Council has agreed to grant consent subject to the following terms and conditions: - The Tenant is to consult with the Council s Building Control Department to ensure the installation works are undertaken in full compliance with statutory requirements. - The proposed works should be carried out in a good workmanlike manner to the satisfaction of the Council or its Delegated Officers. - The Tenant is to indemnify the Council against any liability, losses, claims, injuries, costs, charges, expenses and proceedings what so ever arising out or by reason or consequence of carrying out either the installation, or the operation of the machine. - The Tenant is to pay forthwith on demand any increase in premium payable in respect of any insurance policy by reason of carrying out the works. - The Council as the landlord reserves the right to require the tenant to remove or reposition the machines if it is necessary for the maintenance or repair of the building. - Subject to any complaint by residents/tenants of the building in relation to this grant, the licence is terminable on 3 months notice. The parties will agree an arbitrator to determine whether the licence is terminated. - The Tenant is required to obtain and pay for all statutory consents required. - The consent does not imply any warranty from the Council that it is suitable for the installation. - Subject to the satisfaction of the Council or its Delegated Officers, the tenant is to reinstate the alteration and make good any damages following termination of the licence or if required by the Council, at the end of the Lease
- The consent is to include such other terms as the Commercial Department (of Corporate Governance or Directorate) may advise. 8.4 The Council s Housing Department have been consulted and do not have any objection to the proposal. 9. LIST OF BACKGROUND PAPERS 9.1 None. 10. CONSULTATION WITH CABINET MEMBER(S) 10.1 The Leader and the Cabinet Member for Resources has been consulted and agreed the action proposed. 11. OFFICER S DECISION I authorise the following action 11.1 That the Council grants consent to the tenant of 4a Chesterfield Parade to install an ATM cash machine subject to the above terms and conditions. Signed Nick Walkley Executive Director for Resources
4 2 Site Plan Not to scale 181 179a 1 1 3 2 Chesterfield Flats TCB LB 7 5 8 PO 9 4a Chesterfield Parad Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA100017674 2006 128