ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER 1 st December 2014

Transcription

1 ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER 1 st December 2014 Title Highway Licence for a Crane Oversailing Licence. Report of Lead Commissioner for Housing and Environment. Wards Totteridge and Mill Hill Status Public Enclosures Appendix A- Drawing PA00004/TC/04- Crane Location Plan. Officer Contact Details Chris Chrysostomou; chris.chrysostomou@barnet.gov.uk tel: Summary The report seeks Council authorisation to grant a Highway Crane Oversailing Licence to Cala Management Limited for the Millbrook Park (Phase 3A) Development. Decisions A Highways Crane Oversailing Licence be granted to Cala Management Limited for an initial period of 12 months 1. WHY THIS REPORT IS NEEDED 1.1 This report is needed to provide the appropriate Council authorisation to grant a Highway Licence in relation to a Crane Oversailing Licence to Cala Management Limited for the Millbrook Park (Phase 3A) Development.

2 1.2 In accordance with the Highways Act 1980 the Council may provide a highway licence for any equipment it authorises to be placed on or over the public highway. 2. REASONS FOR DECISIONS 2.1 This decision is required to facilitate the installation and operation of two cranes which are required to enable the construction of Phase 3A of the development at Millbrook pursuant to Planning Permission Reference H/00065/ ALTERNATIVE OPTIONS CONSIDERED AND REJECTED 3.1 The alternative option of not having an oversailing licence in place would have created unacceptable risks for residents, road users and the Council. The option of having a Licence in place provides for appropriate insurance to be procured by the contractor and contains provisions designed to regulate the safe operation, use and removal of the two tower cranes. 4. POST DECISION IMPLEMENTATION 4.1 Once the decision has been approved, the Council s solicitor will be authorised to complete the Crane Oversail Licence. Council s officers will also ensure the developer has and continues to have the appropriate insurance in in place and that the Method Statement for erecting and operating the cranes safely is adhered to. Officers will also check that the appropriate payment is received from the developer before the licence is completed. 5. IMPLICATIONS OF DECISION 5.1 Corporate Priorities and Performance The development of Millbrook Park, Phase 3A, will contribute directly to all three Corporate Objectives of the Council by: promoting responsible growth, development and success across the borough; providing homes and supporting families and individuals that need it; and improving the satisfaction of residents and businesses with the London Borough of Barnet as a place to live, work and study Planning permission has previously been granted for the development of Cala Homes (NHC) Limited, Phase 3A of Millbrook Park development. The Council is also a stakeholder in the development of Millbrook Park being a member of the Inglis Consortium LLP.

3 5.2 Resources (Finance & Value for Money, Procurement, Staffing, IT, Property, Sustainability) The cost of drafting and agreeing the licence and the costs associated with the on-going administration of the licence will be paid for by Cala Management Limited. The legal costs associated with the production of the licence are around 565 per licence. The total cost to approve and administer the licence will be 5,000 for a 12 month period (index linked), as shown in the table below. These costs have been agreed with the licensee and are incorporated as a condition of the licence. The Licence also allows for an extension of the initial 12 month licence period at a cost of 55 per week or part thereof per crane. Crane Licence Legal cost Highways Crane Licence Cost Highways regular inspection Costs 2, Sub Total 4, Allowance for on 1, Total Costs 5, As there are two cranes on this development, the total is estimated at 10, The payment, net of legal costs, will be paid into the Council s relevant Revenue account The Developer has met the Council s requirement for a minimum level of public liability insurance of 10m There are no staffing, ICT or property issues. 5.3 Legal and Constitutional References The Council in the grant of the licence is exercising its powers under the provisions of Section 178 of the Highways Act 1980 and Section 137 of the New Roads and Street Works Act 1991 (as amended by the Traffic Management Act 2004) The Licensee will be required to comply with all appropriate legislation, regulations and codes of practice including; Construction (Design and Management) Regulations 2007, The Lifting Operations and Lifting Equipment

4 Regulations 1998, The Work equipment Regulations 1998 and BS7121 British Standard Code of Practice for the safe Use of Cranes Part and other relevant parts as appropriate The Council s Constitution, (The Management of Asset, Property and Land Rules ( the Rules )) provides that for the purposes of the present licence the approved/designated officer is authorised under the appropriate scheme of delegation as set out at Appendix 1 of the Rules. 5.4 Risk Management The conditions of the licence ensure that the licensee, Cala Management Limited, complies with relevant legislation in operating and maintaining the Crane The licence also requires the licensee to have in place suitable insurance cover, to the levels prescribed by the Council s Insurance section, against third party liability as defined in the licence It is not considered that the issues involved are likely to raise significant levels of public concern or give rise to policy considerations as the risks involved in operating the proposed crane/s have been mitigated by ensuring the crane is operated in accordance with appropriate Regulations and Codes of Practice and the crane is equipped with a system to prevent loads oversailing the public highway. 5.5 Equalities and Diversity The 2010 Equality Act outlines the provisions of the Public Sector Equalities Duty which requires Public Bodies to have due regard to the need to: eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010 advance equality of opportunity between people from different groups foster good relations between people from different groups Cranes will operate at height and as such there will be no impact on free movement around the site. Furthermore the licence will ensure that the licensee does not enjoy exclusive physical possession of the airspace. 5.6 Consultation and Engagement No consultation is appropriate or planned for the crane oversailing licence.

5 6 BACKGROUND PAPERS 6.1 The Planning and Environment Sub Committee approved the planning application for the site as detailed in the drawing in Appendix A. The applicant has identified that they intend operating two cranes (TC1 and TC2) on the site which will oversail a small section of the highway open to the public, as highlighted in yellow on the plan in Appendix A. No actual load will be taken over the highway open to the public, only the jib of the cranes will oversail these areas. 6.2 The Highway Act 1980 requires the applicant to request the local Highway Authority to issue a licence. This licence will remain in force for an initial period of 12 months prior to consideration for renewal if this proves to be required. 6.3 The licence which has been drafted by HBPL will stipulate what is required of the licensee over the term of the licence period, including identifying the methods of operation, the maintenance responsibilities, costs and indemnities. 7. DECISION TAKER S STATEMENT 7.1 I have the required powers to make the decision documented in this report. I am responsible for the report s content and am satisfied that all relevant advice has been sought in the preparation of this report and that it is compliant with the decision making framework of the organisation which includes Constitution, Scheme of Delegation, Budget and Policy Framework and Legal issues including Equalities obligations. 8. OFFICER S DECISION I authorise the following action 8.1 A Highways Crane Oversailing Licence be granted to Cala Management Limited for an initial period of 12 months Signed Chris Naylor Chief Operating Officer Date 4/12/2014