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

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Part D: Where the Developer asserts that Council is in material breach of itsobligations under this Agreement and the Council either gives notice accepting thatassertion or the Developer has referred the question to the Expert and the Expert hasdetermined that question in favour of the Developer1 The Council shall not be required to, nor shall, take any further action in relation tothe pursuance or implementation of the CPO and shall take all reasonable stepsavailable to minimise and 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 (subject to Part D paragraph 4) paid by the Developer to theCouncil 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 Interests, including the costs of acquisition, as well as SDLT, or which aredirectly related to supporting the Council in relation to the CPO either prior to or afterthe date of this Agreement. The sum that the Council is to pay for the transfer of landshall 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 (10) per cent. after takingaccount of any amount by which the Market Value of any land acquired by theDeveloper exceeds the price paid for it.4 If the Council has title to any CPO Land and/or CPO Interests in respect of which theDeveloper has paid the acquisition costs the Council shall (if called upon to do so) thetransfer that interest to the Developer or as it directs for the sum of £1.5 Alternative to Part D paragraph 4, if it so chooses, the Developer may (on behalf ofitself and any other third party to whom CPO Interests have been transferred to orheld by (if such third party agrees for the Developer to make such request) call uponthe Council to acquire such CPO Interests from the Developer and/or such third partyfor the higher of the then market value and the purchase price of such interests.6 Completion by the Council of any acquisitions to be made by it under Part Dparagraph 5 shall take place the later of twenty (20) Working Days after the serviceany notice served under Part D paragraph 5 and ten (10) Working Days after (wherethere is a Dispute over the price to be paid) the purchase price to be paid isDetermined.L1.040-CPO-CPOIA.v2.236Page 119
Schedule 7Dispute ResolutionEach relevant Party shall comply with their respective obligations in this Schedule1 ConsultationIf any Dispute arises then those Parties involved in the Dispute will consult in goodfaith in an attempt to resolve the same.2 DisputesAny Dispute shall be referred to the Expert.3 Appointment of Expert3.1 If a Dispute arises then the Expert shall, unless the Dispute is settled, be appointed byagreement between the Disputing Parties. If agreement on the identity or the expertiserequired of the Expert cannot be reached within ten (10) Working Days of agreementbeing sought, then either Disputing Party may apply to the President for him tonominate an Expert.3.2 If an Expert at any time shall die or become incapable of acting or decline to act thenany Disputing Party may apply to the President to discharge the Expert and appointanother Expert.4 CostsThe fees and expenses of the Expert including the cost of his appointment shall unlessawarded otherwise be borne equally by the Disputing Parties who shall bear their owncosts provided that if one Party shall pay more than its due share it may recoup thebalance from the other Disputing Party as a liquidated debt.5 Procedure5.1 After his appointment the Expert shall afford the Disputing Parties an opportunitywithin a reasonable period to make written representations to him and also anopportunity to make counter-representations on any representations made to him byhim by the other Disputing Party but will not be fettered or in any way limited bysuch representations and will be entitled to rely on his own judgment and opinion.5.2 If the Expert or any Disputing Party considers it appropriate to do so they may requesta formal hearing take place and if that occurs then the Expert may issue directions asto how such a hearing may take place.L1.040-CPO-CPOIA.v2.237Page 120
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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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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
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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
Page 106 and 107: 2.16.1 provide to the Party being c
Page 108 and 109: espect of all or any part of the CP
Page 110 and 111: Schedule 4The Developer’s Obligat
Page 112 and 113: 4.4 to consult with the Council in
Page 114 and 115: Developer shall procure a Surety in
Page 116 and 117: 1.8 to give the Developer not less
Page 118 and 119: 2.4.4 appoint Leading Counsel and j
Page 120 and 121: 5 Appeal5.1 If the Secretary of Sta
Page 122 and 123: Schedule 6Exit ConsequencesPart A:
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………………
Page 166 and 167: Members of the Task GroupCouncillor
Page 168 and 169: The Task Group has put forward 20 r
Page 170 and 171: Recommendation Six: Rainwater Reten
Page 172 and 173: 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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