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

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1.8 to give the Developer not less than thirty (30) Working Days written notice of the dateon which the Council is legally required to make any CPO Cost payment.1.9 to promptly pay any sums received from the Developer pursuant to paragraph 1 ofSchedule 4 to the person or persons to whom such sums are due and provide theDeveloper with written confirmation such payment has both been made and received;1.<strong>10</strong> to consult with the Developer before giving any undertaking to or entering anyagreement with any objector or other party in relation to the CPO;1.11 to consult with the Developer about any threatened or actual judicial review orstatutory challenge to the CPO or public enquiry and to keep the Developer informedabout the progress of any such proceedings including (if so requested to do so by theDeveloper) to assist the Developer to be joined as a party;1.12 to consult with the Developer at all relevant stage of all and any stages of anyproceedings referred to in paragraph 1.11 threatened and/or commenced and toconsult the Developer in (without limitation) the preparation and approval of proofs ofevidence, witness statements, statements of case (and the like), as well as instructingand briefing counsel;1.13 not to exercise the CPO (in whole or part) without the Developer’s approval providedthat such approval shall not be withheld unless the Developer reasonably considersthat the exercise at that time shall not be in the best interests of delivering theDevelopment and/or acquiring any CPO Interest not yet acquired by, withoutlimitation, delaying the delivery of the Development or any part or increasing the costof it;1.14 on the request of the Developer to exercise the CPO in whole or any number of parts(as the case maybe) as soon as practicable and on each such occasion the Developerrequests provided that nothing in this Agreement shall require the Council to exercisethe CPO by the service of one or more Notices to Treat or General VestingDeclarations so as to acquire’ any CPO Interest in the LUL Property which wouldinterfere with the safe, efficient and economic running of LUL’s railway undertaking;and1.<strong>15</strong> to take such steps that are reasonable to minimise and mitigate CPO Costs.2 Blight Notices2.1 The Council covenants:2.1.1 to copy to the Developer within five (5) Working Days any Blight Noticewhich is served upon it, together with a statement certifying the rateable value of therelevant property within the rating list as at the date of the Blight Notice;2.1.2 to propose a course of action in relation to the relevant Blight Notice to theDeveloper, including whether it considers that there are grounds for the service of acounter-notice and that if it is in the interests of expediting the Development to do so;andL1.040-CPO-CPOIA.v2.228Page 111
2.1.3 not to accept or admit any Blight Notice unless the Developer agrees2.2 In relation to Blight Notices the policy agreed between the Parties is:2.2.1 to acquire the CPO Lands on reasonable terms without having to haverecourse to the implementation of the CPO at an appropriate time to enable theregeneration objectives to be achieved;2.2.2 to the extent that a Blight Notice can be properly be objected to it will beobjected to unless the Parties agree otherwise or in the event of a disagreementLeading Counsel advises prior to five (5) Working Days before the expiry of thetimescale to serve a counter-notice required by the relevant Act that to do so wouldmaterially prejudice the obtaining of confirmation of the CPO;2.2.3 the Council shall refer the claimant to the Developer who shall seek tonegotiate the purchase of the CPO Interest under the Compensation Code;2.2.4 if a Blight Notice is accepted but the Developer is not able to negotiate thepurchase of the relevant CPO Interest the Council shall include that interest in anysubsequent General Vesting Declaration; and2.2.5 if a Blight Notice is to be objected to then the Council shall serve a counternoticeand take all steps as are necessary from time-to-time to maintain a validobjection2.3 The Parties shall seek to agree the course of action to be adopted in relation to eachBlight Notice and once agreed the Developer and Council shall pursue it and anydisagreement (except in relation to the level of compensation payable (if any)) shallbe referred to Leading Counsel for their recommendation, which shall be followedunless it conflicts or is inconsistent with the Parties obligations under the Agreementor imposes additional liabilities on a Party which they are not obliged to accept orthey decline to accept2.4 The Council shall:2.4.1 if it is not reasonably satisfied that the Developer is actively pursuingnegotiations for the purchase of a CPO Interest at a reasonable cost serve notice onthe Developer of its concerns before the Council itself enters into negotiations withthe owner of the CPO Interest2.4.2 in addition to any other obligation under this Agreement, consult with theDeveloper whenever required to do so by the Developer and to take into account allrepresentations made by the Developer as to how to progress and conduct the courseof action and in relation to all submission and any evidence to be submitted to theUpper Tribunal (Lands Chamber);2.4.3 supply to the Developer all relevant advice, opinions, documentation,correspondence and reports received or issued by the Council in respect any actual orproposed course of action;L1.040-CPO-CPOIA.v2.229Page 112
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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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enforce such laws as it deems neces
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ead and taken into account in reach
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
Page 98 and 99: (d) a receiver or manager is appoin
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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 118 and 119: 2.4.4 appoint Leading Counsel and j
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Page 122 and 123: Schedule 6Exit ConsequencesPart A:
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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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Page 162 and 163: Suggested Executive Decision: APPRO
Page 164 and 165: 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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