9. The above process has been checked and verified by Director, Head of Service or Deputy (report author to complete) Name of DSO Jonathan Regal

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1 DELEGATED POWERS REPORT NO. SUBJECT: Lease of office and St Vitus Hall at St Agnes Parish Centre, Caddington Road, London, NW2 Control sheet All of the following actions MUST be completed at each stage of the process and the signed and dated report MUST be passed to Democratic Service for publishing All reports 1. Democratic Services receive draft report 678 Name of DSO Nick Musgrove Date 27/10/08 2. Democratic Services cleared draft report as being constitutionally appropriate 3. Finance clearance obtained (report author to complete) 4. Staff and other resources issues clearance obtained (report author to complete) 5. Trade Union response received (Staffing issues only) 6. Legal clearance obtained from (report author to complete) 7. Policy & Partnerships clearance obtained (report author to complete) 8. Equalities & Diversity clearance obtained (report author to complete) 9. The above process has been checked and verified by Director, Head of Service or Deputy (report author to complete) 10. Signed & dated report, scanned or hard copy received by Democratic Services for publishing 11. Report published by Dem Services to website Name of DSO Jonathan Regal Date 28/10/08 Name of Fin. officer Denise Murray Date 31/10/08 Name of Res. officer Philip Stanbridge Date 17/10/08 Name of TU rep. N/A Date Name of Legal officer Jamie Mckie Date 30/10/08 Name of P&P officer Andrew Nathan Date 28/10/08 Name of officer Julie Pal Date 30/10/08 Name Helen Gardiner Date 29/10/08 Name of DSO Jonathan Regal Date 13/11/08 Name of DSO Jonathan Regal Date 13/11/08 Officer reports: 12. Head of Service informed report is published and can be implemented. Name of DSO Date Cabinet Member reports: 13. Expiry of call-in period Date 14. Report circulated for call-in purposes to COSC Name of DSO members & copied to Cabinet & Head of Date Service Date Jonathan Regal 13/11/08

2 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Subject Officer taking decision Cabinet Member(s) Office and St Vitus Hall at St Agnes Parish Centre, Caddington Road, London NW2 Director for Resources & Chief Finance Officer The Leader and Cabinet Member for Resources Date of decision 10 November 2008 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) To agree the terms for a further lease of an office and the St Vitus Hall, part of the St Agnes Parish Centre, for a term of three years from the Westminster Roman Catholic Diocese Trust, pending the completion of the Childs Hill Children s Centre. Philip Stanbridge, Principal Valuer, Property Services & Valuations Shelia Abbott, Extended Services Consultant, Children s Services Sue Lowe, Childs Hill Children s Centre Development Coordinator Hannah Elliot, Asset Management Development Officer, Education Capital Team Exempt not for publication by virtue of paragraph 3 of Schedule 12A of Part 1 of the Local Government Act 1972 (as amended) Childs Hill None N/A Contact for further information: Philip Stanbridge, Property Services,

3 1. RELEVANT PREVIOUS DECISIONS 1.1 On 6 March 2007, the Council approved within the Council s budget capital provision of Sure Start Children s Centres (agenda item 8). 1.2 A short form Delegated Powers Report dated 14 March 2008 (077) agreed the taking of a Temporary Occupational Licence of St Agnes Parish Centre for a term of one month. 1.3 The Executive Director Resources in consultation with the Leader and Cabinet Member for Resources decided in a delegated powers report (DPR 543) dated 6 May 2008 to approve the taking of a six month lease at a rent of 1000 per week of three rooms on a sessional basis. 1.4 A further short form Delegated Powers Report dated 20 October 2008 (149) agreed the taking of a Licence to undertake repairs and alterations 2. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 Under the Corporate Plan the Council is committed to More Choice, Better Value by delivering value for money across Council services through better use of resources including our assets, staff and technology. This proposal ensures that the Childs Hill Children s Centre continues to operate prior to the establishment of permanent premises and does so from more suitable premises at a lower cost. 3. RISK MANAGEMENT ISSUES 3.1 The Council currently occupies part of St Agnes Parish Centre under an agreement which expired on 17 October After this date there was no obligation on the Diocese to renew the lease. 3.2 If the lease is not completed there is a risk that our occupation at St Agnes Parish Centre will be terminated, which could mean a loss of services provided by the centre to children and families living in this community. 3.3 The establishment at St Agnes Parish Centre is a temporary arrangement whilst the permanent centre at Childs Hill School is being prepared. If the services ceased, there is a risk that a percentage of the grant could be withdrawn, which would impact on the Council delivering the Central Government target, through reduced performance indicators. 3.4 Failure to extend the lease of St Vitus Hall, which provides exclusive occupation, will continue to restrict the range of services offered by the Centre, its security and operational flexibility that characterises the current arrangement. 3.5 While the Diocese might be prepared to extend the existing arrangement of sessional occupation of three rooms within the St Agnes Centre, the cost would be significant and in line with current rent set out in the Exempt Report. Failure to complete the proposed lease will deny the Centre the opportunity to reduce running costs over the period before the permanent building is complete.

4 3.6 The insertion of a break clause at the end of the second year of the term allows further flexibility in this interim arrangement while the Childs Hill Children s Centre permanent building is completed. 3.7 I do not consider the issues involved are likely to raise significant levels of public concern or give rise to 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 economic, educational, cultural, social and community life of the Borough. The proposal does this by securing continuity of an operational children s centre in an area where a need has been identified for children and families of all sections of the community. 5. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 5.1 There are no procurement, performance and value for money, staffing, IT or sustainability implications. The financial and property implications are set out in paragraph 8 below and in the Exempt Report 6. LEGAL ISSUES 6.1 None. 7. CONSTITUTIONAL POWERS 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: /responsibility-functions.pdf 8. BACKGROUND INFORMATION 8.1 The Council is committed to delivering a programme of children s centres by 2010 across the Borough. The intention is to develop a programme of integrated childcare and education through children s centres, targeting the most disadvantaged children. 8.2 The Council s preferred model will see children s centres integrated into local primary schools which are currently being linked with the Primary Schools Capital Investment programme and extended services. It is intended that by continuing to work in partnership with community, voluntary and private sector partners, integrated childcare and education will continue for children and families across the identified areas of the Borough.

5 8.3 The Capital Grant allocated to the delivery of the children s centres was contingent on the Council having 13 designated centres operating by 22 March The Childs Hill children s centre is the thirteenth and although the build programme is still in progress, it was agreed that the services for Child s Hill could be delivered from an alternative location in the interim. 8.4 In order to ensure that services were being provided to children and families in the identified community, the temporary centre needed to be located within buggy pushing of Childs Hill School. St Agnes Parish Centre was identified as a suitable site as it is located less than 300m from the school. 8.5 In order to meet the operational deadline of 31 March 2008, the Council took a temporary occupational licence of the premises at St Agnes Parish Centre. 8.6 Initially it was proposed that the Child s Hill Children s Centre would have been located in a demountable unit to be sited at Child s Hill School during the planning and building of the permanent building. The six months lease at St Agnes was intended to be a short term solution while the demountable was constructed. It became evident, however, in working up the proposal that the demountable building would have to be located on the school site in almost exactly the same location as any permanent new build and that this would then require the demountable to be moved again to another location on a different site. This process would have represented a significant and unjustifiable cost and would have consequential effects on service delivery due to the disruption of relocating the centre a number of times and so it was decided that an alternative longer term solution for the temporary location of the children s centre would be needed. 8.7 An underused Hut Operation for the Raising of the School Age (HORSA) building, of some 120 square metres floor area, in need of some upgrading is also located on the St Agnes site and the Diocese were approached as to its availability. While some 30,000 to 35,000 of expenditure is needed to upgrade this building to an appropriate standard, against this expenditure needs to be set a significant rental saving and a six months rent free period for the Vitus Hall. 8.8 Further the hall will be available with exclusive possession, as opposed to the current sessional arrangements, allowing a greater range of services to be provided more flexibly and in a more secure environment for the client group. 8.9 Accordingly following terms for the lease have been agreed: (a) Landlord: The Westminster Roman Catholic Diocese Trustee (b) Tenant: London Borough of Barnet (c) Premises: St Agnes Parish Centre, Caddington Road, London NW2 (d) Property: St Jude s, Ground Floor, St Agnes Parish Centre (Office), St Vitus Hall (e) Commencement date: 1 November 2008 (f) Expiry of the Lease: Three years with break option at the end of the second year Contracted out of the Landlord & Tenant Act 1954 (g) Permitted Use: Children s Centre (h) Rent: As set out in the Exempt Report

6 (i) Insurance: Landlord s responsibility but in respect of St Vitus Hall reimbursed by the Tenant (j) Repair: The Tenant is to carry out an agreed refurbishment of St Vitus Hall and then keep that building in repair. (k) Fees: The Landlords reasonable legal and surveyors fees are to be met by the Tenant 9. LIST OF BACKGROUND PAPERS 9.1 None. 10. CONSULTATION WITH CABINET MEMBER(S) 10.1 The Leader and Cabinet Member for Resources has approved the action taken. 11. OFFICER S DECISION I authorise the following action 11.1 That subject to the completion of all necessary legal and other documentation, a lease is taken upon the terms set out in this report and the rent set out in the Exempt Report. Signed Clive Medlam Director for Resources & Chief Finance Officer Date 10 November 2008

7 Site Plan 1 2 GILLINGHAM ROAD St Judes (Office) Menorah Foundation School St Vitus Hall 35 Presbytery 51 St Agnes' RC Church 1 41 BB1714 CRICKLEWOOD LANE TCB 61.6m Church to Crown Copyright. All rights reserved. London Borough of Barnet. OS Licence No LA