Date 01/02/2010. Date 03/02/2010. Date 17/02/2010. Date 02/02/2010. Date 02/02/2010. Date 04/02/2010. Date 09/03/10. Date 09/03/10.

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1 DELEGATED POWERS REPORT NO. 991 SUBJECT: Learning Disabilities - Site of the former Broadfields Centre, Springwood Crescent, Edgware 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 Nick Musgrove Date 01/02/ 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 Nick Musgrove Date 03/02/2010 Name of Fin. officer Karen Balam Date 17/02/2010 Name of Res. officer Siobhan O Donoghue Date 29/01/2010 Name of TU rep. Date N/A Name of Legal officer Philomena Jemide / Steve Strange Date 03/02/2010 / 10/02/2010 Name of P&P officer Andrew Nathan Date 02/02/2010 Name of officer Andrew Nathan Date 02/02/2010 Name Craig Cooper Date 04/02/2010 Jonathan Regal Date 09/03/10 Jonathan Regal Date 09/03/10 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 Jonathan Regal 09/03/10

2 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER IN CONSULTATION WITH CABINET MEMBER(S) (EXECUTIVE FUNCTION) Subject Officer taking decision Cabinet Member(s) Learning Disabilities - Site of the former Broadfields Centre, Springwood Crescent, Edgware Commercial Director Leader and Cabinet Member for Resources Date of decision 23 February 2010 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) To agree the release of the covenant in favour of the Council currently registered on the site of the former Broadfields Centre, Edgware. Siobhan O Donoghue, Principal Valuer Public Edgware Registered Title Plan AGL N/A Contact for further information: Siobhan O Donoghue, Property Services Serial No. 991

3 1. RELEVANT PREVIOUS DECISIONS 1.1 Cabinet Accepted the tender offer from Notting Hill Housing Trust (NHHT) to take the freehold interest of the various Council Learning Disabilities care homes and day centres and other lands on the basis that NHHT would provide new care homes, day centre and supported living accommodation with part of the cost being met from the sale of the surplus land. 1.2 Delegated Powers Report dated Agreed the variation to the Assets Agreement 31 March 2003 to permit 27 of the originally proposed private for sale units to be changed to shared-ownership units. 2. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 The Corporate Plan 2009/10 is promoting independence to supporting vulnerable adults to live independent, active lives supporting them through high quality services offering choice and flexibility. 2.2 The Corporate Plan commits the Council to a priority of 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 does this as the scheme provides a mixed development which includes intermediate housing. 3. RISK MANAGEMENT ISSUES 3.1 Both the shared ownership properties and the private for sale units cannot be sold until the covenant in favour of the Council has been released from the site. 3.2 Whilst the properties remain vacant, they will need to be secured. The cost of securing the properties becomes a cost to the project and will have an impact on the surplus and deficit account. 3.3 I have considered whether the issues involved are likely to raise significant levels of public concern or give rise to policy considerations and it is not considered that the variation to the development proposal will raise significant levels of public concern. 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. 4.2 This proposal does this by providing shared ownership properties on this development, providing accessibility to the wider community. 4.3 I have considered whether the variation will give rise to any issues under the Council s Equalities or Diversity policies and do not consider that there are any such concerns. 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 property implications are set out in the report.

4 5.2 The Surplus and Deficits Agreement (part of the contractual arrangements for the re-provision of residential and day care accommodation for people with learning disabilities see 8.1) allows for Notting Hill Housing Trust (NHHT) to charge the Council for the costs of securing the site containing the residential units pending their sale. Given that NHHT s ability to sell these units is dependent on the Council releasing the covenant it is therefore in the Council s fiduciary interests to release the call option as quickly as possible subject to the conditions of the Option Agreement be met. 6. LEGAL ISSUES 6.1 None, save as referred to in the report. 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: 8. BACKGROUND INFORMATION 8.1 As part of the contractual arrangements for the reprovision of residential and day care accommodation for people with learning disabilities, in March 2003 the Council transferred a number of their existing day centres, residential care accommodation and other enabling lands to Notting Hill Housing Trust (NHHT). Most of the sites were transferred at nil value as it was intended that some sites or part sites would be re-developed with the new care accommodation. The surplus sites would be redeveloped with housing to provide cross subsidy to the new build resource centres and care accommodation costs. 8.2 To protect the Council s long term interests, the parties entered into a Call Option Agreement, which allows the Council within the option period, to call for a transfer back of the freehold of the new care homes and resource centres at nil value in exchange for the grant to NHHT of a 75 year lease of the new accommodation. Pursuant to the Call Option Agreement, a covenant was registered against all transferred sites, which provides that NHHT should not part with any property without first obtaining the Council s consent. 8.3 In order for the covenant to be released, all requirements need to be met under the Call Option Agreement. This includes the development proposals being in accordance with the Assets Agreement. Under the Assets Agreement dated 31 March 2003, Notting Hill Housing Trust proposed that the site at Broadfields would be built out with 61 private for sale flats. Due to the down turn in the property market an amendment to the original proposals was sought to permit 27 of the originally proposed private sale units to be changed to shared-ownership properties. This amendment was approved by way of Delegated Powers Report on 16 September 2009.

5 8.4 The Assets Agreement acknowledges that development /phasing may change varying the proposal for a particular property. Provided that the changes to the development agreement do not affect NHHT s obligation under the referral agreement then the parties should act reasonably in agreeing such changes. 8.5 Practical completion has now been reached on both the shared-ownership and private for sale units at the former Broadfields Centre site, and NHHT now wish to proceed with the marketing of these properties. It is therefore necessary for the covenant registered against the site, the extent of which is shown edged in red on the attached title plan, to be released. NHHT s obligations under the Assets Agreement have been met. The receipts from the sale of both private and shared ownership units will be included in the surplus and deficit agreement. 8.6 A delay in the release of the covenant is a cost to the programme as security costs are recoverable as a project cost. 9. LIST OF BACKGROUND PAPERS 9.1 None. 10. CONSULTATION WITH CABINET MEMBER(S) 10.1 The Leader and Cabinet Member for Resources has been consulted and agreed the action taken. 11. OFFICER S DECISION I authorise the following action 11.1 That subject to the completion of any necessary legal and other documentation, the covenant registered against the former Broadfields Centre site be released. Signed Craig Cooper Commercial Director Date 23 February 2010

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