From: Robert Orrett
Sent: 30 November 2015 16:45
To: '[REDACTED]'
Subject: Port images
[REDACTED]
Barra Mac Ruairi is giving a presentation to Business West next week on the Council and all aspects of “Place”. He is keen to include an image of the port as part of showing that we are handling challenges that may have been missed in the past.
Would you have one or two images you could send me that I can add to his slides?
Robert
Robert OrrettService Director – Property
Bristol City Council
100 Temple Street
Bristol BS1 6AN
Tel: 0117 922 4086
Mob:[REDACTED] /
From: Robert Orrett
Sent: 11 November 2015 11:13
To:[REDACTED]
Subject: Port aerial photo
[REDACTED]
Would you be able to help me with a good aerial view of the Port that Barra can include in a presentation to Business West – quality suitable for PowerPoint?
Robert
Robert OrrettService Director – Property
Bristol City Council
100 Temple Street
Bristol BS1 6AN
Tel: 0117 922 4086
Mob:[REDACTED] /
From: [REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 06 August 2015 16:17
To: Mayor; Robert Orrett
Subject: FW: Lloyd's List 06.08.15
Dear George and Robert
I attach an article published in Lloyd’s List today which I thought would be of interest to you [SEE ATTACHMENT 1]. This is the shipping industries view of our purchase of the freehold which concludes this is part of our preparation for the deep sea container terminal.All very helpful.
Regards.
[REDACTED]
[REDACTED]
The Bristol Port Company
0117 982 0000
*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
From:[REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 24 July 2015 10:26
To: Robert Orrett
Cc:[REDACTED]
Subject: RE: Freehold details
Robert
Further to our telephone conversation this morning and your e-mail dated 23rd July at 20.45, I confirm our very' conciliatory' stance on
1. Vole City
We can accept your position on Vole City.
2.Chittening Railway Land
We understand your position but since we own the land on each side of it, we either would like a pre-emption right over this or a side letter saying that you will not sell it without offering it to us first, (we are probably the only buyer).
I hope this will settle the matter and enable completion to take place on Thursday.
[REDACTED]
[REDACTED]
The Bristol Port Company
0117 982 0000
*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
-----Original Message-----
From: Robert Orrett
Sent: 23 July 2015 20:45
To: '[REDACTED]@bristolport.co.uk'
Cc: '[REDACTED]@wedlakebell.com'; [REDACTED]
Subject: Freehold details
[REDACTED]
I know matters are proceeding at pace which is good.
You have requested pre-emption rights on "Vole city" and the land strip adjoining Chittening Estate. We are not in a position to grant such pre-emption rights within the contract for sale of the freehold. This does not exclude the possibility of a sale of either or both parcels in future, but there is equally no commitment to do this.
My recommendation is that we work to conclude the main transaction. After that is concluded we can consider the other parcels and seek approval for any recommended disposal. I am not aware of any matter affecting BCC continuing as freeholder of each in the meantime.
Robert
From: Robert Orrett
Sent: 21 July 2015 17:10
To: '[REDACTED]'
Cc:[REDACTED]; [REDACTED]; [REDACTED]
Subject: RE: Freehold
[REDACTED]
Thanks for the email. I expect there will be a list of details to sign off in the next few days.
Robert
From:[REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 21 July 2015 16:44
To: Robert Orrett
Cc:[REDACTED]; [REDACTED]; [REDACTED]
Subject: FW: Freehold
Robert
I attach an e-mail from [REDACTED] which may be of interest.
Thank you very much for the date of 30th July to exchange and complete on the freehold. I am in Falmouth now, Pendennis tomorrow and Thursday and in Bristol on Friday. Very ready to look at any other further points that you may have on the freehold draft, just contact [REDACTED] as normal.
Regards.
[REDACTED]
[REDACTED]
The Bristol Port Company
0117 982 0000
From:[REDACTED] [mailto:[REDACTED]@wedlakebell.com]
Sent: 21 July 2015 11:39
To:[REDACTED]
Subject: Freehold
Dear [REDACTED]
Thank you for sending me a copy of Alderman Royston Griffey's email to [REDACTED] and his PQ27, which we regard as a rather feeble effort on his part to try to spike the transaction.
If he intends to seek permission for judicial review – which, as you know, is the first hurdle to a JR action - he should simply apply to the court. In our view, if he were to do so an application for permission would fail.
Best regards
[REDACTED]
[REDACTED]Partner
T: [REDACTED]
F: [REDACTED]
M: [REDACTED]
[REDACTED]@wedlakebell.com
Wedlake Bell LLP 52 Bedford Row London WC1R 4LR
T: +44 (0)20 7395 3000 | F: +44 (0)20 7395 3100 | DX 166 London Chancery Lane |
Before printing this email please consider whether it is necessary for you to do so.
*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
From:[REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 30 June 2015 15:12
To: Robert Orrett
Cc:[REDACTED]
Subject: RE: Port freehold
Robert
Further to our telephone conversation today, we can live with the following:
PEDL
The Buyer (FCS) hereby covenants with the Seller (BCC) that the Buyer is not in the process of and will not in the future apply for an application for a Petroleum and Exploratory Development Licence to the The Secretary of State (Department of Energy and Climate Change) or any superseding or equivalent licence body or organisation.
PALM OIL
The wording you have provided is fine but we would rather the benefit of the covenant went to BCC rather than the benefit of the Retained Land owner who may in time change.
MINES & MINERALS
This is a completely new clause and is simply not acceptable.
VOLE CITY
Could we please have a pre-emption right on Vole City should you wish to sell it.
RAILWAY LAND AT CHITTENING
Could we have an option, at market value, for 21 years and a pre-emption right should you wish to sell it during this period.
If you are happy with the above, it should be the final point.I am very keen to move ahead to completion as soon as possible.
[REDACTED]
[REDACTED]
The Bristol Port Company
0117 982 0000
*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
From: Robert Orrett
Sent: 30 June 2015 11:25
To:[REDACTED]
Subject: FW: Port freehold
As discussed
From: Robert Orrett
Sent: 19 June 2015 15:24
To:[REDACTED]
Cc:[REDACTED]
Subject: Port freehold
[REDACTED]
I met with the Port company directors once again. They have now confirmed agreement on the only major outstanding point regarding the company not applying for PEDL licence, now or in future. The words that I have for this are:
We need legally binding confirmation the Port Company is not and will not be involved as an applicant with the current Licensing Round before we would complete the sale, and legally binding confirmation that the Port Company would not apply to become involved in any future round or the future equivalent.
You and I have discussed that this would be within the contract for sale.
The only other point is on palm oil, we seek to agree a restriction on the use of palm oil as a biofuel or for biomass energy, either to meet any of the direct energy needs of the Port or in so far as the Port Company as landlord has the ability to restrict, for biofuel plants or power stations on the land subject to the freehold transfer.
I offered a “round table” lawyers and principals meeting. I suggest we look to reserve time for the week after next but hopeful reach a point ahead of that to mean that we do not require to meet.
I am assuming we may have simultaneous exchange and completion on this? IS it reasonable to expect to conclude within 3-4 weeks from now?
Robert
Robert OrrettService Director – Property
Bristol City Council
100 Temple Street
Bristol BS1 6AN
Tel: 0117 922 4086
Mob:[REDACTED] /
From: Robert Orrett
Sent: 19 June 2015 15:27
To: '[REDACTED]'
Cc:[REDACTED]
Subject: RE: Port freehold
[REDACTED]
Thanks for alerting me on this. I will indeed push matters. We have the thought of holding a slot to meet – principals and lawyers – the week commencing 29 June if there are any matters not by then agreed, but aiming to have reached agreement.
I imagine [REDACTED] and [REDACTED] will be advising as to whether we have simultaneous exchange and completion.
Robert
From:[REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 19 June 2015 14:38
To: Robert Orrett
Cc:[REDACTED]
Subject: RE: Port freehold
Robert
Just to let you know that [REDACTED], our lawyer, is ‘hot to trot’ with your legal team but not getting a reaction yet.
Would much appreciate you pushing it along as I think we all believe this could be done quite quickly now.
Regards.
[REDACTED]
[REDACTED]
The Bristol Port Company
0117 982 0000
*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
From: [REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 16 June 2015 11:22
To: Robert Orrett
Subject: Freehold
Importance: High
Robert
Please see attached [REDACTED]’s letter. [SEE ATTACHMENT 2]
[REDACTED]
*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
From: Robert Orrett
Sent: 16 June 2015 09:13
To:[REDACTED]
Cc:[REDACTED]
Subject: Port freehold
[REDACTED]
I attach copies of the public forum statements and questions for tonight’s cabinet meeting as well as the agenda package. [SEE ATTACHMENTS 3a/3b]
There is a concern to enable the Mayor and/or cabinet members to give helpful response on the statements and questions, in so far as points being made are based on correct facts and understanding. Particular challenge in Cllr Negus’ statement is being raised around the potential that the Port Company might rapidly sell on a parcel of freehold land of sufficient scale and value to make the price achieved for the freehold interest appear in adequate. Accordingly there is mention of overage or claw-back, with the classic comment that if the Port Company is saying this type of sale will not happen then such provision will be no encumbrance to them.
You have consistently said that you will not take actions that would embarrass the Council or the Mayor, and your actions have been consistent with that. Is there any suggestion you can make at this late stage to help respond on this point?
I am around if it helps to speak.
Robert
Robert OrrettService Director – Property
Bristol City Council
100 Temple Street
Bristol BS1 6AN
Tel: 0117 922 4086
Mob:[REDACTED] /
From: Robert Orrett
Sent: 11 June 2015 13:57
To:[REDACTED]
Subject: Port freehold
[REDACTED]
Thank you for running through matters with me on Tuesday. I will be picking up the matters on land parcels with colleagues on Tuesday.
On the matter of any involvement with investigation or extraction of hydrocarbons etc, I received direction on the council’s approach in late January. I appreciate that you have not understood our position until now. I regret that occurring in this way. The direction I have re-confirmed is that we need legally binding confirmation the Port Company is not involved with the current Licensing Round before we would complete the sale, and legally binding confirmation that the Port Company would not apply to become involved in any future round or the future equivalent. I have to receive further legal advice but the indication is that this could be a contractual obligation by the Company or a restriction on the title to the land. Clearly the scope would differ and we would wish to understand your view on the choice of approach.
As you know, the Mayor’s decision will be addressed again at a Cabinet meeting on 16 June. If the Mayor approves the recommendation to sell the freehold, then we would be authorised to finalise the transaction from that meeting.
Robert
Robert OrrettService Director – Property
Bristol City Council
100 Temple Street
Bristol BS1 6AN
Tel: 0117 922 4086
Mob:[REDACTED] /
From: Robert Orrett
Sent: 11 June 2015 13:36
To:[REDACTED]
Subject: Port letter
[REDACTED]
A question has been raised asking for confirmation if this matter started with an approach by the Port company to the Council. I have a copy email which shows that the acting Chief Executive (Graham Sims) forwarded a letter from the Port company in January 2013 to a strategic director colleague. As neither of those directors is still here, I am not immediately able to obtain a copy.
I am wondering if you have a file copy of the letter? If so, please could you arrange for it to be scanned and emailed to me?
Robert
Robert OrrettService Director – Property
Bristol City Council
100 Temple Street
Bristol BS1 6AN
Tel: 0117 922 4086
Mob:[REDACTED] /
From: Robert Orrett
Sent: 05 June 2015 09:10
To: '[REDACTED]'
Subject: Re: Port freehold
[REDACTED]
The absence of the texts is unhelpful.
The position I have described is the brief that I have. There were thoughts along the lines you mention before that.
Robert
From:[REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 04 June 2015 14:11
To: Robert Orrett
Subject: RE: Port freehold
Dear Robert
Thank you for your e-mail of today. Unfortunately my texts do not go back to January like yours!
Our understanding was that the Mayor would require a free vote of the council and would be bound by the results of that free vote. I also remember some correspondence, probably by text, when we discussed when this free vote would take place. We had indicated that we were happy to do the seismic work prior to the vote as it may well be that there would be no point in drilling, in which case we would not need the vote. I am also slightly baffled as I thought the objection was about fracking which would not necessarily be the case.
Does any of this make any sense to you?
Regards
[REDACTED]
From: Robert Orrett [mailto:
Sent: 04 June 2015 13:10
To:[REDACTED]
Subject: Port freehold
[REDACTED]
I have checked back on this situation. My recollection is that we had an exchange by text on 28 January or shortly after on the following lines, however my texts are automatically deleted. The direction I was given is that there would be no involvement of any aspect of the licence in our Cabinet reporting as our internal view is that under the current lease we do not have influence on your ability to apply for/accept a licence. After a final Cabinet decision to approve the freehold sale, we will need confirmation the Port Company is not involved with the licencing round before we would complete the sale, and confirmation that the Port Company would not apply to become involved in any future round. I will need to discuss with our lawyer how this is to be documented.
If there were to be an announcement between now and exchange of contracts that the Port Company has been awarded one or more licences in this round, my thinking is that the Council would put out an early statement to say that as part of our due diligence we had obtained advice that under the lease we had no influence but that we would require as part of the sale that the Port Company would not accept a licence, now or in future. I am obtaining confirmation of this thinking on the communications side.
On palm oil, the brief is to agree a restriction on the use of palm oil as a biofuel or for biomass energy, either to meet any of the direct energy needs of the Port or in so far as the Port Company as landlord has the ability to restrict, for biofuel plants or power stations on the land subject to the freehold transfer.
Robert
Robert OrrettService Director – Property
Bristol City Council
100 Temple Street
Bristol BS1 6AN
Tel: 0117 922 4086
Mob:[REDACTED] /
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*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
From:[REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 16 April 2015 10:49
To: Robert Orrett
Subject:Fwd: two articles
Thought these might be of interest. [REDACTED]
Sent from my iPad
Begin forwarded message:
From:[REDACTED][REDACTED]@bristolport.co.uk
Date: 16 April 2015 09:40:08 BST
To:[REDACTED][REDACTED]@bristolport.co.uk>, [REDACTED]
Subject:FW: two articles
From:[REDACTED][mailto: [REDACTED]@thegwpf.org]
Sent: 16 April 2015 09:38
To: #Exec
Subject: two articles
which I thought you may be keen to read.
Liverpool could be shale gas 'centre of excellence' says Peel Gas & Oil report
[REDACTED] BOOKER: £1 billion lagoon that could be Britain's pottiest ever green scheme
Best regards
[REDACTED]
*********************************************************
Statutory information:
First Corporate Shipping Limited trading as The Bristol Port Company
Registered Office:52 Bedford Row, London WC1R 4LR
Reg No: 2542406
*********************************************************
From: Robert Orrett
Sent: 09 April 2015 18:24
To: '[REDACTED]'
Subject: RE: Freehold
[REDACTED]
Many thanks for sending this through. George is abroad at present so I probably will not see him before I see you.
Robert
From: [REDACTED] [mailto:[REDACTED]@bristolport.co.uk]
Sent: 09 April 2015 14:43
To: Robert Orrett
Subject: Freehold
Dear Robert
I enclose a briefing and position sheet for Bristol Port vis á vis the acquisition of the freehold [SEE ATTACHMENT 4]. Some of this you will recognise as nothing has changed. Perhaps you could let us know if there is anything you think we have left out which would be helpful.
I have also sent George a text as follows:
“Sorry you are being mucked about on the freehold. What would you like us to do prior to 2nd June vote, PR wise – canvassing, etc. , if anything? Nothing has changed at our end and we cannot see why some Councillors are being so short sighted. We are producing a position paper and meeting Robert on Tuesday next.”
We much look forward to seeing you at about 12.30 on Tuesday, 14th, when any details can be discussed. If you have an opportunity to speak to George, his view would be helpful.