DELEGATED POWERS REPORT NO. 133 (VAL/DP/72/06) Rushgrove Park Control sheet The following MUST be completed at each stage of the process

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1 DELEGATED POWERS REPORT NO. 133 (VAL/DP/72/06) Rushgrove Park Control sheet The following MUST be completed at each stage of the process All reports 1. Democratic Services receive draft report Name of DSO Chidi Agada 08/11/ Democratic Services cleared draft report as Name of DSO Chidi Agada being constitutionally appropriate 13/11/ Finance clearance obtained from (report author Name of Fin. officer Clive Medlam to complete) 09/11/ Staff and other resources issues clearance Name of Res. officer Jill Parmenter obtained from (report author to complete) 31/10/ Legal clearance obtained from (report author to Name of Legal officer Steve Strange complete) 01/11/ CPO clearance obtained from (report author to Name of CPO officer Andrew Nathan complete) 09/11/ The above process has been checked and Name Clive Medlam verified by Chief Officer or his/her Deputy 09/11/2006 (report author to complete) 8. Report, containing scanned signature of Name of DSO Chidi Agada Cabinet Member or Chief Officer, & date, 21/11/2006 received by Democratic Services for publishing 9. Report published by Dem Services to website Name of DSO Chidi Agada 21/11/ Officer reports (Exec. Function) and all Council Name of DSO Chidi Agada function reports: Head of Service informed report can be implemented. 21/11/2006 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

2 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Subject Officer taking decision Cabinet Member(s) Rushgrove Park, NW9 Director of Resources Leader and Cabinet Member for Resources of decision 17 November 2006 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) Licence to Thames Water for temporary access and site compound in association with replacement pipeline works under the Colindeep Lane Flood Alleviation Scheme Jill Parmenter, Property Assistant, Property Services & Valuation Group Public with a separate exempt report Colindale Copy of Section 123 Advert N/A Contact for further information: Jill Parmenter, Property Assistant, Property Services & Valuation, , jill.parmenter@barnet.gov.uk Serial No. 133 (VAL/DP/72/06)

3 1. RELEVANT PREVIOUS DECISIONS 1.1 None. 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 proposals in this report do this by assisting Thames Water to deliver its flood alleviation scheme whilst gaining a capital receipt, reimbursement of the council s costs and improvements to the park. 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 As the land is held as public open space, the proposals have been advertised, as required under Section 123 (2A) of the Local Government Act 1972 and any representations will be reported to the appropriate committee for decision. 3.2 A site compound is essential to the replacement pipeline works and the grant of a licence will remove the risk of traffic disruption that would occur if a compound were sited on the public highway. 3.3 I have considered whether the issues involved are likely to raise significant levels of public concern or give rise to policy considerations but do not feel that any such concerns will arise. 4. EQUALITIES AND DIVERSITY ISSUES 4.1 The licence to Thames Water for temporary access to carry out pipeline works under the Colindeep Lane Flood Alleviation Scheme is not expected to impact upon the Council s equalities obligations. 5. FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS 5.1 The financial implications of the proposals are set out in the exempt report. 5.2 There are no staffing or ICT issues for consideration by the Council. 5.3 The property issues are those set out below and in the exempt report. 6. LEGAL ISSUES 6.1 None. 7. 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 managerial or professional authority... (para 6.1). 6.2 See link below: /responsibility-functions.pdf 8. BACKGROUND INFORMATION 8.1 Thames Water will be undertaking replacement pipeline works under statutory powers in Rushgrove Park as part of the Colindeep Flood Alleviation Scheme. The northern part of the park will be closed off for the duration of the works for health and safety reasons. Thames Water have asked the Council if they can erect a temporary site compound in the park and use the main entrance for access for construction traffic. Public consultation is required under Section 123 of the Local Government Act 1972 and the proposals have been advertised accordingly in the Barnet Press on 26 th October and 2 nd November. 8.2 I have, therefore, agreed terms for a licence for temporary access and a site compound, as shown outlined in black on the attached drawing, subject to no representations resulting from the public advertising, on the following terms and conditions: The Licence shall allow Thames Water to fence off the main entrance to Rushgrove Park for use for vehicular access and to construct a compound, on the land shown outlined in black. The compound shall be for: 3 x Container (standard 20 x 8 x 8 feet) Toilet block (12 x 12 feet) Small containerised generator to operate only during normal working hours. No public access is to be allowed to the northern part of the park for the duration of the works and the pedestrian gate is to be kept locked at all times with a padlock supplied by the Licensee and the compound is to be kept locked out of normal working hours The Licence shall be for a 4 month period from a date to be agreed Thames Water shall pay a Licence fee for the compound and access, the Council s surveyor s fees (to include the cost of public advertising), the Council s tree officer s inspection fees and the Council s legal fees, as set out in the exempt report. Should the Licensee require an extension to the Licence, this must be agreed prior to the expiry of the Licence and payment per week, as set out in the exempt report will be required in advance up to the date of vacation The grassed area to the north of the main entrance is to be either fenced off from the construction traffic or the trees on the grassed area are to be protected

5 against possible tree root damage from the construction traffic. The Licensee shall be held responsible for any damage to the tree roots resulting from the exercise of the rights of access under the terms of the Licence The Licensee shall remove a 1.2m section of fencing and install a padlocked pedestrian access gate and temporary 1.2m wide tarmac footpath to run adjacent to the main entrance (Access). The Access is to be fenced off from the temporary footpath by 1.8 m high Heras fencing which will continue up to the left hand side of the access to the children s playground and round the playground to the Silk Stream embankment to prevent any unauthorised access into the compound The existing gate to the main entrance is to be kept padlocked at all times, except during deliveries, by means of a dual locking mechanism, allowing access to both contractors and council employees. Deliveries must be supervised at all times to ensure there is no danger to the public. The Licensee shall be held responsible for any costs associated with unauthorised access to the park should the main entrance gate not be kept locked at all times The dog bin is to be relocated to the southern side of the main entrance A temporary water supply from Rushgrove Avenue to the contractor s compound is to be installed along the route shown with a dashed line. The supply is to be disconnected on completion of the works and the land is to be reinstated to the satisfaction of the Council The Licensee is to replace the existing tarmac footpath, from the point shown on the attached drawing, with a new 2.1 m wide footpath, to include the hammerhead and tied into the existing bench, up to the north gate entrance to the park, to the following specification: Install tannalised wooden edging boards (150 x25mm) Base material: MoT type 1, 150mm depth compacted Dense bituminous macadam binder course 0/20mm. depth 50mm Dense bituminous macadam surface course 0/6mm. depth 25mm (BS4987:2001) The Licensee is to provide a photographic Schedule of Condition to be attached to the Licence The Licensee shall not store any materials or equipment on the open space outside the compound area. Any vehicles left within the compound area at night are to be immobilised The Licensee shall comply with all Public Health, Town Planning, Environment Agency and other requirements in relation to the access and occupation of the site and the works will be in accordance with Thames Water s Method Statement dated 22 October 2006.

6 The Licensee, in exercising the rights conferred by the Licence, is not to cause a nuisance or annoyance whatsoever to the Council or the owners of adjoining land or any person whatsoever The Licensee is to indemnify the Council against all third party claims, proceedings or costs as a result of the Licensee exercising rights conferred by the Licence The Licence is personal to the Licensee and the Licensee is not to assign, underlet or part with possession of the land or any part thereof The Council shall be allowed to enter onto the area held under licence to carry out inspections once reasonable notice has been given to the Licensee and its contractors. The Council reserves the right to enter without notice to carry out emergency works The Licensee is to take all reasonable precautions against damage to the area held under licence and adjoining parkland occupied by the Council and shall reinstate all fences, grassed areas and hard surfaces, according to the photographic Schedule of Condition as set out in above. Following completion of the works, the compound area, the route of the temporary water supply and any other grassed areas damaged during the construction works are to be top-soiled and seeded, as agreed by the Council. The shrub bed at the northern end of the park adjacent to the pedestrian gate is to be removed by the Licensee and top-soiled and seeded following completion of the works Prior to the determination of the Licence, and before the land is returned to the Council, the Licensee shall agree the timetable for the reinstatement schedule Should the Licensee fail to comply with any of the conditions of the Licence the Council is to be able to terminate the Licence on [4] weeks written notice to expire at any time Before commencing the works the Licensee shall leaflet local residents and notify the local ward councillors. Information signs are to be erected at the northern and main entrances to the park No mud, earth or other materials are to be deposited on the highway and should any accidentally spill onto the highway it must be cleared immediately The Licence shall be in a form and contain any other terms and conditions deemed appropriate by the Council s Legal Department. 8.3 In addition to the above Licence terms, Thames Water have also agreed to reimburse the Council for the cost of essential tree works, as set out in the exempt report, at their own risk, whether or not the Licence completes. 8.4 I have consulted Greenspaces who are in agreement with the above proposals. The local ward councillors have been advised and the public advertising will be reported to the Hendon Area Environmental Sub Committee on 5 December Any representations will be subsequently reported to Cabinet Resources Committee for decision.

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