Date 30/4/09. Date 5/5/09. Date 30/04/09. Name of TU rep. n/a issues only) Date n/a. Date 30/04/09

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1 DELEGATED POWERS REPORT NO. 810 SUBJECT: 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 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) Nick Musgrove Date 30/4/09 Date 5/5/09 Name of Fin. officer Matthew Gaynor Name of Res. officer Date 5. Trade Union response received (Staffing Name of TU rep. n/a issues only) Date n/a n/a n/a 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 Legal officer Name of P&P officer Tobenna Erojikwe Andrew Nathan Name of officer Andrew Nathan on behalf of J Pal Name Date 08/06/ Date 18/6/09 Date 18/6/09 Dorne Kanareck Officer reports: 12. Head of Service informed report is published and can be implemented. Date Cabinet Member reports: 13. Expiry of call-in period Date 14. Report circulated for call-in purposes to COSC members & copied to Cabinet & Head of Date Service Date 18/6/09

2 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Subject Aerodrome Road and Bridge Project Highway Adoption Agreement with Comiston Properties Limited under Section 38 of the Highways Act Officer taking decision Cabinet Member(s) Date of decision 8 June 2009 Acting Director of Environment and Transport Environment and Transport Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) The report seeks authorisation to enter into a highway adoption Agreement under the Section 38 of the Highways Act 1980, with Comiston Properties Limited for parcels of land within the vicinity of the bridges Demetrios Goulas, Engineer Traffic & Development Section Gangan Pillai, Principal Engineer Traffic & Development Section Public Colindale Drawing no /001/LA/0003 rev. B Not applicable Contact for further information: Demetrios Goulas, Engineer Traffic & Development Section on or Gangan Pillai, Principal Engineer Traffic & Development Section on Serial No. 767

3 1. RELEVANT PREVIOUS DECISIONS 1.1. The Head of Highways and Environment in consultation with the Cabinet Member for Environment and Transport agreed on 24 March 2006 to enter a BAPA that enabled Network Rail to deploy the necessary resources to move the project forward (Delegated Powers Report (No. HW131) entitled Aerodrome Road Bridge Replacement Network Rail Basic Asset Protection Agreement (BAPA)) Cabinet Resources Committee decision 27 July 2006 (Item 9) Aerodrome Road Bridges Replacement - Procurement Issues and Risks noting the specific risks arising in meeting funding timelines and securing the co-operation of Network Rail in relation to the project. Authorisation was given to enter into an Underbridge Agreement with Network Rail. (An Underbridge Agreement is a legal agreement between Network Rail and the Council allowing the Council to alter Network Rail bridges and setting up the responsibilities and duties of the two parties for the proposed bridges). 2. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 The replacement of the two masonry arch railway bridges on Aerodrome Road removes a height and capacity restriction on this road which forms the most direct link between the Colindale Regeneration area and the Transport for London Road Network (TLRN). This will improve access to the regeneration area for pedestrians and cyclists, enable the provision of an east-west bus link and ease congestion at the Aerodrome Road/A41 Junction. The adoption of land required from Comiston Properties Limited is fundamental for the successful implementation of the highway improvements described above and for the completion of this project. 2.2 Securing funding and implementing the Aerodrome Road Bridge initiative is included in the Sustainable Community Strategy for Barnet and will contribute to keeping Barnet moving. 2.3 The Aerodrome Road Bridge initiative is also an objective in the Corporate Plan 2008/ /12, to create a successful Suburb. 2.4 The Clean, Green and Safe key priority also includes the objective of reducing congestion and this project will reduce congestion on Aerodrome Road by removing the existing height and capacity restriction. 2.5 Improvements to bus accessibility will also assist in delivering two of the Council s key priorities, Successful Suburb and Clean, Green and Safe. 3. RISK MANAGEMENT ISSUES 3.1 In order for the Council to complete the Bridge Replacement project, it is necessary to adopt as public highway, a parcel of privately owned land situated within the vicinity of the bridges. This land is owned by Comiston Properties Limited and when adopted, it will enable the Council to widen the existing carriageway as well as footway. This in turn will improve traffic flow, reduce congestion, improve access for pedestrians and cyclists to Colindale regeneration area and facilitate an east-west bus link within Aerodrome Road NW9.

4 3.2 The land required for adoption is not considered to raise any public concern or give rise to policy issues. 4. EQUALITIES AND DIVERSITY ISSUES 4.1 The adoption of land required from Comiston Properties Limited, will enable the Council to provide a wider carriageway and associated footways in parts of Aerodrome Road and at the same time will promote movement for all road users in this part of the Borough. Also, improved connectivity to the strategic road network (A41) as a result of the carriageway widening, will make it possible for bus services to operate within Aerodrome Road thus improving significantly movements and accessibility for public transport users. 4.2 Improved highways offer better accessibility and mobility to all sectors of the community including people with special needs such as wheel chair users. This in turn will enhance and support the Borough s reputation as a good place to live and promote equality. 5. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 5.1 Any technical and legal fees will be kept to the minimum required in order to progress the Section 38 Adoption Agreement swiftly and will be met from the appropriate provision within the project budget. 6. LEGAL ISSUES 6.1 Section 38 (3) of the Highways Act 1980 provides that the person to whom the Council would enter a road adoption agreement must have the power to dedicate the relevant land. Therefore, adoption of the relevant land would be subject to Comiston Properties Limited providing satisfactory evidence of title to the Council. 7. CONSTITUTIONAL POWERS 7.1 The Council s constitution in Part 3, Responsibility for Functions, section 6 gives Chief Officers general delegated powers to take decisions in consultation with the Cabinet member concerned in all matters where they have managerial or professional authority. 8. BACKGROUND INFORMATION 8.1 The Aerodrome Road and Bridge Project involves the replacement of two masonry arch railway bridges which carry the Network Rail Midland Mainline tracks between Hendon and Mill Hill Broadway over Aerodrome Road NW9. The project, apart from replacing the existing masonry bridges, also requires the widening and lowering of Aerodrome Road in order to provide a third carriageway lane and achieve a minimum head room clearance of 5.30 metres.

5 The bridges will provide a minimum span of 15 metres, made up of 10 metres of carriageway width with 2.5 metre footways either side. Also, it would be sensible at this stage to secure additional land to the north of Aerodrome Road between Canberra Close and the A41, for future highway improvements within the A41 and Aerodrome Road junction when this junction is designed and approved by TfL. The extent of the adoption land required is as shown on drawing no /001/LA/0003 rev. B. 9. LIST OF BACKGROUND PAPERS 9.1 Relevant correspondence and other drawings regarding the Section 38 Agreement mentioned above, are held by the Traffic and Development Section, Highways Group. 9.2 Any person wishing to inspect the background papers as listed in 9.1 above, should contact Demetrios Goulas on For any other enquiry regarding the Aerodrome Road Bridge Replacement project files, please contact Chris Chrysostomou on CONSULTATION WITH CABINET MEMBER(S) 10.1 The Cabinet Member for Environment and Transport has been consulted and gave his approval. 11. OFFICER S DECISION I authorise the following action: 11.1 That subject to completion of all necessary legal and other documentation, the Council enters into an adoption agreement under Section 38 (3) of the Highways Act 1980, with Comiston Properties Limited as per attached drawing no /001/LA/0003 rev. B(or any subsequent revisions). Signed D Kanareck Acting Director of Environment and Transport Date 08 June 2009

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