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

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4.2 Nothing in this Agreement or implied into it shall prejudice or fetter the Council’sduties, obligations, powers or rights in the discharge of its functions as a statutoryauthority and in particular the Council may:4.2.1 discontinue the CPO at any time if:4.2.1.1 Leading Counsel advises that there is less than forty (40) per centprospect of its confirmation or of successfully defending a CPO Challenge (inwhich case Schedule 6 (Part A) shall apply); and4.2.1.2 there has been a material change in the circumstances giving rise to themaking of the CPO and its intended purposes so that the underlying purpose ofthe CPO will remain unfulfilled and the Council then formally resolves thatcontinuing with the CPO or acquiring any CPO Interest will not be in theinterests of securing the promotion and/or improvement of the economicand/or social and/or environmental well-being of the Borough (in which caseSchedule 6 (Part B) shall apply).4.2.2 enter into a written undertaking with any person who has a CPO Interestrestricting and controlling the timing, manner and circumstances in which the CPOwould be implemented in respect of their CPO Interest after first having obtained theDeveloper’s approval, provided that such approval shall not be withheld unless theDeveloper reasonably considers that the entering into of a such an undertaking shallnot be in the best interests of delivering the Development and/or acquiring any CPOInterest not yet acquired by, without limitation, delaying the delivery of theDevelopment or any part or increasing the cost of it.5 Termination5.1 A non-defaulting Party may terminate this Agreement by notice to the defaultingParty without prejudice to either Party’s accrued rights or remedies if any one of moreof the following shall occur:5.1.1 if the defaulting Party is in substantial breach of any of its obligations in thisAgreement which cannot be rectified by the service of a notice giving a reasonabletime to rectify the same; or5.1.2 if the defaulting Party is in substantial breach of any of its obligations in thisAgreement and has failed to rectify the breach within a reasonable time afterreceiving notice to rectify from the non-defaulting Party; or5.1.3 on the date four weeks after the decision of the Secretary of State not toconfirm the CPO provided that in the event of any legal proceedings following adecision not to confirm the CPO the period of four weeks shall not start to run untilafter the final outcome of such proceedings including any appeal or appealstherefrom;whichever is the first to occur provided that termination under either clause 5.1.1 or5.1.2 shall not be effective unless and until the defaulting Party has admitted that theL1.040-CPO-CPOIA.v2.24Page 87
each was a substantial breach which cannot or has not been rectified or it has beenso Determined.5.2 The Council may also terminate this Agreement by notice to the Developer withoutprejudice to either Party’s accrued rights or remedies if an Event of Default occurs.5.3 The Developer may also terminate this Agreement by giving notice to the Council inwhich case Schedule 6 (Part C) shall apply.5.4 If the Developer terminates this Agreement pursuant to clause 5.1 (and its proviso)then Schedule 6 (Part D) shall apply.5.5 Notwithstanding the termination of this Agreement the Developer shall remain liableto pay for any CPO Costs which have been incurred or which have been legallycommitted to prior to such termination and the Council shall take all reasonable stepsto mitigate and minimise the same.6 Dispute ResolutionEach Party agrees that the provisions of Schedule 7 shall apply to this Agreement.7 Administrative ProvisionsEach Party agrees that the provisions of Schedule 8 shall apply to this Agreement.8 ExecutionIn witness whereof this Agreement has been executed as a deed on the date first abovewritten.L1.040-CPO-CPOIA.v2.25Page 88
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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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Page 42 and 43: Agenda Item 7London Borough of Hamm
Page 44 and 45: 3. COSTS3.1 Cabinet approved fundin
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Page 48 and 49: proposed scheme of development andr
Page 50 and 51: units and sets out a fully committe
Page 52 and 53: structure for OSBL to acquire a con
Page 54 and 55: egeneration site. These interests a
Page 56 and 57: such indemnity agreement to be back
Page 58 and 59: all interests. Many of the premises
Page 60 and 61: 4.2 The indemnity agreement (see Ap
Page 62 and 63: enforce such laws as it deems neces
Page 64 and 65: 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 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 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
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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
Page 120 and 121: 5 Appeal5.1 If the Secretary of Sta
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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
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1. The developer will maintain acce
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Market. This will protect the avail
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compensated in accordance with the
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women. It would also be likely that
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Page 145Issue identifiedDisruption
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Agenda Item 9London Borough of Hamm
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1. BACKGROUND1.1. The flooding scru
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7. COMMENTS OF THE EXECUTIVE DIRECT
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Appendix 1Hammersmith & Fulham Coun
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undertake which has an emphasis on
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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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