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

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Schedule 6Exit ConsequencesPart A: Where the Council formally resolves not to proceed with the CPO afterLeading Counsel advises prospects of success are no better than forty (40) per cent1 The Council shall not be required to take any further action in relation to the CPO butshall take all reasonable steps available to mitigate and minimise the Developer’sliability under this Agreement.2 The Developer's obligations under this Agreement shall continue in effect in relationto liabilities that the Council has incurred prior to the date of that resolution or stepsthat the Council has taken that will create liabilities that the Council cannotreasonably avoid.3 Provided that if Leading Counsel advises that if the CPO was modified to increase thechances of success above forty (40) per cent but so that the Council’s regenerationobjectives were still being met in the Developer’s reasonable opinion then the Councilshall proceed with the CPO.Part B: Where the Council resolves not to proceed on the grounds that as a result of amaterial change of circumstances it no longer considers pursuing the CPO to be likelyto promote and/or improve the economic and/or social and/or environmental well-beingof the area (other than such a decision made following a decision by the Secretary ofState not to confirm the CPO in whole or in part)1 The Council shall not be required to take any further action in relation to theimplementation of the CPO and shall take all reasonable steps available to minimiseand mitigate the Developer’s liability under this Agreement.2 The Developer’s obligations under this Agreement shall cease.3 The Council shall (where called upon to do so) pay to the Developer the amountwhich represents:3.1.1 The CPO Costs paid by the Developer to the Council under this Agreement;and3.1.2 Any and all costs which the Developer incurred in pursuing the Developmentand/or paid under the Land Agreements and/or incurred in acquiring CPO Landand/or CPO Interests, including the costs of acquisition, as well as SDLT, or whichare directly related to supporting the Council in relation to the CPO either prior to orafter the date of this Agreement. The sum that the Council is to pay for the transfer ofland shall be the higher of market value and the price the Developer paid.3.1.3 In addition to the above sums the Council will pay to the Developer the sumwhich will secure the Developer a return on costs of ten (<strong>10</strong>) per cent. after takingaccount of any amount by which the Market Value of any land acquired by theDeveloper exceeds the price paid for it.L1.040-CPO-CPOIA.v2.234Page 117
4 If the Developer has title to any CPO Land and/or Interests in respect of which theDeveloper has paid the acquisition costs the Developer shall transfer that interest tothe Council for the sum of £1, after the payment of all sums due to the Developer.Part C: Where the Developer is in material breach of its obligations under thisAgreement or gives notice that it does not wish the Council to proceed with the CPO forits benefit1 The Council shall elect and serve notice on the Developer stating whether:1.1 It will abandon the CPO in which case the provisions of Part A of thisSchedule shall apply; or1.2 It will continue with the CPO in which case the provisions of this Part C shallapply.2 If the Council elects to proceed with the CPO without the support of the Developer:2.1 The Developer shall not object to the CPO nor cause or permit any otherperson to object on its behalf and shall withdraw any objection it may have madeprior to the date of the Council’s election.2.2 If the CPO is confirmed (either before or after the Developer gave notice thatit did not wish to continue) the Council may implement the CPO in respect of anyCPO Interest which the Developer has acquired and the Developer shall be entitled tocompensation for any such CPO Interests it owns under the Compensation Code,including, for the avoidance of doubt any monies paid under either the BroadwayAgreement or the Peabody Agreement.2.3 The Developer shall not be entitled to recover any CPO Costs it had paid (orhad been liable to pay) to the Council prior to the date of its notice but shall not beliable under this Agreement in respect of any liability incurred by the Council inrespect of CPO Costs after the date of that notice.2.4 If at the date of the Developer’s notice the Council has acquired and holds anyCPO Interest for which the Developer has paid the CPO Costs prior to the making of aGeneral Vesting Declaration the Council shall transfer ownership of that interest tothe Developer for the sum of £1.2.5 If at the date of the Developer’s notice the Council has made a GeneralVesting Declaration in respect of CPO Lands [Interests] not owned by the Developerthe Council shall have no obligation to transfer them to the Developer and theDeveloper shall have no obligation to pay any CPO Costs in respect of such interests.2.6 Where any CPO Interest has been vested in the Council under a GeneralVesting Declaration and transferred to the Developer, the Developer shall forthwithtransfer that interest back to the Council and the Council shall refund to the Developerthe CPO Costs related to the acquisition of that interest.L1.040-CPO-CPOIA.v2.235Page 118
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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
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Appendix ALONDON BOROUGH OF HAMMERS
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interests by agreement but it is cl
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• Former Spring Grove Laundry sit
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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
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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
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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 128 and 129: 4.3 No waiver of any provision of t
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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………………
Page 166 and 167: Members of the Task GroupCouncillor
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Page 170 and 171: 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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