Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

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4.4 to consult with the Council in relation to such part of the Development as may relateto the CPO and provide to the Council all information it may reasonably require todischarge its obligations under this Agreement; and4.5 at its own cost to provide support and all reasonable assistance that the Council mayrequest to support the CPO including giving or procuring the giving of evidence atany public inquiry or judicial review of the CPO.5 Third Party Interests etcThe Developer covenants with the Council:5.1 to use its reasonable endeavours to negotiate terms by private treaty to acquire allThird Party Interests and New Rights in accordance with the provisions of theAcquisitions Schedule and the Council shall use its reasonable endeavours to assistthe Developer;5.2 to assist the Council to secure payment of CPO Costs due to claimants at the earliestpracticable time by:5.2.1 negotiations and settlements on Compensation Code terms in good faith;[5.2.2 seeking early resolution of disputes through mediation or arbitration; and5.2.3 referring relevant disputes to the Upper Tribunal (Lands Chamber) as soon asit becomes apparent negotiations or mediation are unlikely to secure a settlement; and5.2.4 seeking to mitigate loss and hardship to persons likely to be displaced byreason of the compulsory acquisition of their property by assisting with plannedrelocation to alternative premises either within the Development Site or in the vicinityof the CPO Lands where such relocation can be facilitated by early settlement ofclaims (or future claims) under the Compensation Code.6 Surety6.1 In addition to the indemnity contained within paragraph 4, the Developer shallprovide the Council (if so requested) with a Surety as provided for in this paragraph 66.2 The Council may require a Surety to cover the extent of its prospective liability duringthe following stages of the CPO process:6.2.1 from the date of [this Agreement][the resolution to make the CPO] in relationto the estimated costs of preparing, publishing and submitting the CPO forconfirmation and preparing for and appearing at a public inquiry (including the risk ofcosts at a public inquiry) in the initial sum of [£500,000] [or such higher reasonablesum as the Council may reasonably specify from time to time];6.2.2 from the date the Council makes the CPO an additional sum representing [onehundred and twenty (120) per cent] of the Referencing Agent’s estimate of theL1.040-CPO-CPOIA.v2.224Page <strong>10</strong>7
liability for CPO Costs in relation to the risk that all of the owners and occupiers ofthe CPO Lands who are entitled to serve a Blight Notice were to serve a Blight Noticein respect of their respective interests and on the assumption that none of such BlightNotices could be rejected or such higher reasonable sum as the Council mayreasonably specify from time to time having regard to the Compensation Assessment;and6.2.3 on the date on which the Developer requests the Council to make a GeneralVesting Declaration in respect of any outstanding interests in the CPO Lands anadditional sum (if any) which represents the amount by which the Council'sreasonable and proper estimate of the CPO Costs in relation to all such outstandinginterests in the CPO Lands exceeds the Surety then in place under paragraph 2 above.6.3 On each payment of CPO Costs the Council shall reduce the amount of Suretyrequired in the following manner:6.3.1 during the period in which a Surety is in place under paragraph 6.2.2 to theCouncil's reasonable estimate of the outstanding risk for CPO Costs in relation to theoccupiers of the CPO Lands who are entitled to serve a Blight Notice except thatinterest in respect of which the payment of CPO Costs was made;6.3.2 during the period in respect of which a Surety is in place under paragraph6.2.3 to the Council's reasonable estimate of the outstanding risk for CPO costs inrelation to all CPO Interests except that in respect of which the payment of CPO Costswas made; and6.3.3 where any payment of CPO Costs is not a full and final settlement of the claimin respect of the interest in the CPO Lands to which it relates, the risk of any furtherpayment in respect of that interest shall be taken into account in the Council'sestimates under paragraphs 6.2.2 and 6.2.3.6.4 The Council shall immediately release the Surety when the Council is reasonablysatisfied that full and final settlement of all CPO Costs has been made and give noticeto the Developer and the Surety upon settlement occurring6.5 Upon the Developer’s written request the Council shall release the person providingthe Surety from the same if the Developer is able to procure a replacement person thatin the Council's reasonable opinion provides an equivalent or better Surety for theDeveloper’s then liabilities under this Agreement6.6 [For the avoidance of doubt the Developer's liability at all times shall extend to thefull CPO Costs whether or not that liability exceeds the amount of any Surety requiredby the Council at that time and the Surety shall not be released by the termination ofthis Agreement following an Event of Default other than by a notice of release givenby the Council]7 Disputes not to delay payment or surety7.1 The Developer shall pay to the Council all and any CPO Costs or Outgoings on thedate it is due whether or not there is any Dispute over the amount due and theL1.040-CPO-CPOIA.v2.225Page <strong>10</strong>8
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London Borough of Hammersmith & Ful
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6. ECONOMIC DEVELOPMENT S106 EXPEND
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Agenda Item 1. London Borough of Ha
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38. EARL'S COURT REDEVELOPMENT AND
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transfer would be premature. The Co
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Barrett informed the Cabinet that d
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2. That the Cabinet note and consid
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Note of dispensation in respect of
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Alternative options considered and
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Agenda Item 4London Borough of Hamm
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APPENDIX 1 - VIREMENT REQUEST FORMB
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1. EXECUTIVE SUMMARY1.1 This report
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APPENDIX 1General Fund - Summary Ca
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Finance and Corporate ServicesBudge
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1. ECONOMIC DEVELOPMENT UPDATE1.1.
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Table 1: Proposed use of Section 10
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5. RISK MANAGEMENT5.1 The expenditu
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Appendix 19.2 Where Local Authoriti
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Agenda Item 7London Borough of Hamm
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3. COSTS3.1 Cabinet approved fundin
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7. COMMENTS OF THE DIRECTOR OF LAW7
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proposed scheme of development andr
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units and sets out a fully committe
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structure for OSBL to acquire a con
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egeneration site. These interests a
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such indemnity agreement to be back
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all interests. Many of the premises
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4.2 The indemnity agreement (see Ap
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Page 66 and 67: Appendix ALONDON BOROUGH OF HAMMERS
Page 68 and 69: interests by agreement but it is cl
Page 70 and 71: • Former Spring Grove Laundry sit
Page 72 and 73: 4.9 There is an identified need in
Page 74 and 75: 5.7 The Mayor of London has support
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Page 78 and 79: Council.9-20 Shepherds Bush Market.
Page 80 and 81: Traders’ Association, individual
Page 82 and 83: 8. Human Rights8.1 The Human Rights
Page 84 and 85: acceptable relocation arrangements
Page 86 and 87: AnnexDraft form of Undertaking to b
Page 88 and 89: Appendix BDated:Between:(1) The May
Page 90 and 91: This Agreement is made this • day
Page 92 and 93: 4.2 Nothing in this Agreement or im
Page 94 and 95: Schedule 1Definitions and Interpret
Page 96 and 97: or land adjoining the CPO Lands, or
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Page 102 and 103: Shepherds Bush (no.3) Limited and (
Page 104 and 105: (h) preparing the map or maps to ac
Page 106 and 107: 2.16.1 provide to the Party being c
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Page 110 and 111: Schedule 4The Developer’s Obligat
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Page 116 and 117: 1.8 to give the Developer not less
Page 118 and 119: 2.4.4 appoint Leading Counsel and j
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Page 122 and 123: Schedule 6Exit ConsequencesPart A:
Page 124 and 125: Part D: Where the Developer asserts
Page 126 and 127: 5.3 It is agreed that:5.3.1 the Exp
Page 128 and 129: 4.3 No waiver of any provision of t
Page 130 and 131: 10.3.3 where (and to the extent tha
Page 132 and 133: acting by:DirectorDirector/Secretar
Page 134 and 135: Appendix DEquality Impact Analysis
Page 136 and 137: On conclusion of the construction w
Page 138 and 139: It is identified that the market pr
Page 140 and 141: During the construction works, ther
Page 142 and 143: 1. The developer will maintain acce
Page 144 and 145: Market. This will protect the avail
Page 146 and 147: compensated in accordance with the
Page 148 and 149: women. It would also be likely that
Page 150 and 151: Page 145Issue identifiedDisruption
Page 152 and 153: Agenda Item 9London Borough of Hamm
Page 154 and 155: 1. BACKGROUND1.1. The flooding scru
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Page 158 and 159: Appendix 1Hammersmith & Fulham Coun
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Suggested Executive Decision: APPRO
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ContentsForeword………………
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Members of the Task GroupCouncillor
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The Task Group has put forward 20 r
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Recommendation Six: Rainwater Reten
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It is likely that external resource
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IntroductionThe Flooding Scrutiny T
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year rainfall event. If such an eve
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as from information provided by res
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system, what knowledge and data gap
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equired. The aim of all development
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►►►Reducing air pollution as
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TABLE 1DEMONSTRATION OF RAINFALL AB
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consider if it was a feasible and a
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3. EngagementENGAGEMENT: Overview3.
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Recommendation Eleven: Flooding Dat
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3.16. The Task Group did note that
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due to the belief it will be detrim
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orough or chose to disregard the ri
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WitnessesThe following people and o
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Governance & ScrutinyLondon Borough
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1. EXECUTIVE SUMMARY1.1 This report
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appropriateness of the child protec
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held within the period. It is of si
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MonthEnd 0 - 1 % 2 - 3 % 4 - 8 %9 -
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sought for children rather than wid
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• Social workers present their ca
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Improved Child Protection Planning6
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8. COMMENTS OF THE DIRECTOR OF LAW8
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1. BACKGROUND1.1 The following summ
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LOCAL GOVERNMENT ACT 2000LIST OF BA
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Contents1. Foreword by H&F LSCB Cha
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1. Foreword (Russell Wate, Chair of
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2. Summary2.1 The table below outli
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Key Priorities and progress for ind
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3. Governance and Accountability3.1
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UnitMiley SteveAssistant Director,
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Page 241Community Drug and Alcohol
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Page 243Tim DeaconSue HaywardRoger
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3.9 Child Death Overview PanelThis
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3.12 Budget 2011-2012(This follows
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Page 249Quality of provisionThe con
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Page 251Disabled Children’sTeamFo
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Page 253and AlcoholService (CDAS)CN
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Page 255borough. However, wedo moni
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able to provide greater evidence in
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21%Organisational Profile of applic
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Review of participation data and qu
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New and Discontinued CPP 2005-20128
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• There continues to be high numb
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4.66 Removals from CP PlansDe-regis
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Page 269• Rate of re plans (re re
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4.69 Categories of CP PlansQuarterE
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6%8%5%36%0 - 34 - 67 - 1213 - 1828%
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Page 275.CPP Ethnic groups 2005 - 2
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R e fe rrals R ate per 10,000 popul
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No. of children 1st time registered
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4.91Child PopulationCurrently there
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Across the borough the proportion o
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5. How does the LSCB Monitor Activi
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• offer support services• alloc
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Page 289Housing3-borough Child Deat
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continue to be refined and develope
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Agenda Item 12Tri-borough Executive
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4 BACKGROUND, INCLUDING POLICY CONT
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6.3 TriageAll troubled families who
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The learning from this may be utili
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9.4.3 Current/future costsCurrent/f
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Making decisions about working in o
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RefRisk description"If.., then.."be
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No. Issue Mitigation RAG impact onp
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APPENDIX 2: Definition of a Trouble
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HammersmithFulhamKensingtonChelsea&
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1. BACKGROUND, INCLUDING POLICY CON
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3.4 Although the provision is sligh
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Agenda Item 15London Borough of Ham
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2. THE APPOINTMENT OF CBRE AND THEI
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ationalisation or additional invest
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13. EQUALITY IMPLICATIONS13.1 It is
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CBRE | LONDON BOROUGH OF HAMMERSMIT
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APPENDIX 2 - Strategic Review of Sh
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appropriate for residents’ needs.
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6.2.2 Recommendation 2: HRD and ASC
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6.7.1.3 Option 3: Provide accommoda
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APPENDIX 3 - STRATEGIC REVIEW OF SH
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It be noted by Cabinet that Phase 1
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Agenda Item 16London Borough of Ham
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1. SUMMARY1.1 Cabinet approved a re
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prevention methodology that meets l
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applicants from outside the borough
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priority being given to community c
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already suitably housed within thei
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services personnel; working househo
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• The proposals have a built-in i
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(iii) Due regard is regard that is
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Tenancy Strategy8.8 The analysis of
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such as financial resources, behavi
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Building a Housing Ladder of Opport
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London Borough of Hammersmith & Ful
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Housing Strategy Documents -Consult
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Full Equality Impact Analysis ToolO
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3. Manage a better, streamlined hou
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Genderreassignmentimpairment(s). Ta
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monitored and evaluated. A key elem
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RaceGiven the high levels of depriv
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that many Private Registered Provid
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SexSexualOrientationThe Tenancy Str
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Government’s Homelessness Order.P
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Section 03Documents and datareviewe
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the borough (53.95). The five wards
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ReligionThe religious profile of th
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Employment in Hammersmith and Fulha
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New researchFollowing the equality
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Using the Council’s Citizenspace
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supportive of, was not being given
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more detailed approach to monitorin
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accessible housing and the 16 lifet
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Section 08Chief Officer sign-offAgr
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1. BACKGROUND1.1 With the substanti
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3. CONTRACT AWARD MODEL3.1 The Cabi
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8.3 Prior to the issue of any Order
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2012/15 PPM Framework - Year 1 Prop
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has also provided the opportunity t
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CABINET MEMBERFOR TRANSPORTAND TECH
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CABINET MEMBERFOR COMMUNITYCARECoun
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CABINET MEMBERFOR HOUSINGCouncillor
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LEADER(+REGENERATION,ASSETMANAGEMEN
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