On 19.8.16, Tower Hamlets provided a substantial amount of information, in the form of 6 pdf attachments [29.1.22 now links], in response to the follow up request we made following the Council's response to our original enquiry.
The follow up request and the response is shown below and the 6 attachments [29.1.22 now links] are attached here (one is the pdf version of the response which has been ocr'd below).
17.7.16 From NJH to Tower Hamlets Council using its form
This request relates to the helpful response provided to me per your reference FOI: 4837267. That request was made through the WhatDoTheyKnow route but I am now writing direct. Please treat this as either a follow up to the above or as a new request, whichever is appropriate:
Please provide me with (or inform me as to where I can find) the text of the Overage agreements for-
- Ocean Estate Regeneration Scheme (contract signed 2010)
- Ocean Estate Phase 2/Site H (contract signed 2014)
- Blackwell Reach Regeneration Project (BRRP)
Please provide me with (or inform me as to where I can find) the report(s) on the Ocean Estate Regeneration Scheme where Overage has been agreed and paid.
18.7.15 Tower Hamlets to NJH
Information request
Our reference: 5401166
Dear Mr Harding
Your request for information has been considered under the requirements of the Freedom of Information Act 2000.
I can confirm that the information requested is held by Tower Hamlets Council and is attached to this email. NOW LINKED,
HERE, 130625 Site H - AGREEMENT FOR LEASE (front backpages)
HERE 141121 Mace Final Overage Letter redacted
HERE. 150302 Invoice to East Thames for Overage ref 10471973 redacted
I sent a copy on 27th June and I am not sure why you did not receive it, apologies if it was my fault.
The information has also been put on the Council's Disclosure Log, where you can also search for information supplied on other topics.
REST IDENTICAL TO EARLIER ONE
Yours sincerely
Jane Jones Admin Officer Legal Services 020 7364 4736 jane.jones@towerhamlets.gov.uk
18.7.16 NJH to Tower Hamlets
Dear Ms Jones
I confirm that I did receive your response of 27th June. The request I sent in the last two days and to which you have given the reference number 5401166 is a follow up request which can alternatively be seen as a new request if that suits the Council's procedures better.
Regards, Nicholas Harding
19.7.16 Tower Hamlets to NJH
Mr Harding
Sorry I seem to have got confused with your requests and closed the new one down. I am going to re-log it and you will get a new reference number. I have so many!
Thanks, Jane
19.7.16 NJH to Tower Hamlets
Thanks Jane, Nick
12.8.16. Tower Hamlets to NJH
Our reference: 5417965
Dear Mr Harding
Freedom of Information Act 2000
Thank you for your request received on 15 July 2016 We are progressing your response, but require up to an additional 5 days to apply the public interest test given that we believe Section 43 of the FOI Act / Regulation 12(5)(e) of the Environmental Information Regulations apply. We will respond in full next week.
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:
Complaints and Information
Town Hall
Mulberry Place
5 Clove Crescent
E14 2BG
icwfoi@towerhamlets.gov.uk
If you are still dissatisfied …
19.8.16 Tower Hamlets to NJH
Dear Mr Harding
Your request for information has been considered under the requirements of the Freedom of Information Act 2000.
Please find attached our response to your request.
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:
Complaints and Information
Town Hall
Mulberry Place
5 Clove Crescent
E14 2BG
icwfoi@towerhamlets.gov.uk
If you are still dissatisfied with the Council’s response after the internal review you have a right of appeal to the Information Commissioner at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 01625 545 700
Website: www.ico.gov.uk
Yours sincerely
Jane Jones
Admin Officer
Legal Services
020 7364 4736
jane.jones@towerhamlets.gov.uk
NOTE: Please do not edit the subject line when replying to this email.
Attachment being the Response, below. Other Attachments will be dealt with separately and are, together with this response on another website for the time being
Overage agreements 5417965
Please provide me with (or inform me as to where I can find) the text of the Overage agreements
for-
- Ocean Estate Regeneration Scheme (contract signed 2010)
- Ocean Estate Phase 2/Site H (contract signed 2014)
- Blackwell Reach Regeneration Project (BRRP)
Please provide me with (or inform me as to where I can find) the report(s) on the Ocean Estate Regeneration Scheme where Overage has been agreed and paid.
Response
1. In respect of Ocean Estate Regeration Scheme (contract signed 2010). Documents are provided
2. In respect of Ocean Estate Phase 2/Site H (contract signed 2014), this scheme will not be completed until 2018 when overage will be able to be calculated. We therefore can only attach
schedule 3 from the 2013 Agreement to Lease which indicates how overage should be calculated.
3. In respect of Blackwell Reach Regeneration Project (BRRP), documents are provided as the relevant excerpt of the Principal Development Agreement and Building Agreement for the
project (2011).
4. Report(s) on the Ocean Estate Regeneration Scheme where Overage has been agreed and paid. The relevant invoice is provided
It is the view of the Council that this request falls under the Environmental Information Regulations 2004 as it concerns the built environment. You will note that the information provided is redacted in part.
Regulation 12 of the Environmental Information Regulations 2004 ("the Regulations") sets out two relevant exceptions that must be considered in this instance. Firstly regulation 12(5)(e) provides that the Council may refuse to disclose information to the extent that its disclosure would
adversely affect the confidentiality of commercial and industrial information where such confidentiality is provided by law to protect a legitimate economic interest.
Secondly regulation 12(5)(f) provides that the Council may refuse to disclose information to the extent that its disclosure would adversely affect the interests of the person who provided the information to the public authority, where that person (i) was not under a legal obligation to provide it, (ii) did not supply it in circumstances such that the Council or any other public authority is entitled apart from the Regulations to disclose it; and (iii) has not consented to its disclosure.
The exceptions in regulations 12(5)(e) and (f) have been applied in this instance because the information sought relates to the Overage agreements in respect of the Ocean Estate Regeneration Scheme, Phase 21Site Hand Blackwell Reach Regeneration Project. The Council has a number of regeneration schemes at different stages, and full disclosure of the Overage agreement could adversely affect future negotiations as it would disclose information that would,
or would be likely to, prejudice the Council's ability to obtain the best outcome from this and future developments. In respect of the information contained within the Overage agreement
it is considered that the release of this information would undermine the sales strategy for future schemes should the details be made public. The Council has however released a considerable amount of information regarding the wording of the Overage clauses.
Public Interest Test
The factors in favour of disclosure are that there is a clear public interest in disclosure to promote transparency and accountability of public authorities, greater public awareness and understanding of environmental matters, and more effective public participation in environmental decision making, all of which ultimately contribute to a better environment. The factor against disclosure is that the public interest in planning applications for the local area is adequately
protected by the planning application process itself. Such interests are safeguarded by the role the Council plays on behalf of the public in reviewing and discussing the application. The information relates to a commercial activity, concerning a development proposal which is
currently under assessment and disclosure of such information is likely to be injurious to the commercial and economic interests of the Council, and the developer in securing and negotiating terms for this and future developments, particularly in the competitive environment which now
exists. The information requested contains a quality of confidence and is not available in the public domain; it is therefore protected under the common law of confidence in that there is an explicit obligation of confidence.
With the passage of time, the commercial sensitivity of some information decreases, however in this case the timing of the disclosure is of critical importance as the assessment of the proposed development scheme and negotiations are still on-golng. The Council considers that disclosure of sensitive information would be likely to prejudice commercial negotiations with other developers if they knew the structure of this negotiation and how their own scheme compared. Having weighed the factors both for and against disclosure, the Council has concluded that the public interest will not be served by disclosing the information requested as detailed above.