Customer and Support Services Directorate

Business Support and Corporate Information Resources Team

ICT Services

Salford Civic Centre

Chorley Rd

Swinton

Salford M27 5DA

[email address]

Ezer LaYeled Limited

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Fax

Email

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My Ref

Your Ref

0161 793 2878

0161 793 2477

[email address]

www.salford.gov.uk

EIR/LBF/Ezer/4210

Date 25March 2010

Subject: Environmental Information Regulations 2004

Dear Sir

Thank you for your request for information which was received at our offices on 4 February 2010. Your request has been processed under the terms of the Environmental Information Regulations 2004. Our response is as follows:-

You requested:- Can I please have a copy of the original option agreement to purchase in favour of the Higher Broughton Partnership dated 6 May 2004.

Our response:- I have now considered your request and am able to confirm that the information falls within the definition of environmental information as set out in regulation 2(1)(c) of the Environmental Information Regulations 2004(EIR).

Regulation 2(1) of the EIR states that:

Environmental information is any information in written, visual, aural, electronic or any other material, form on -

(c) measures (including administrative measures,) such as policies, legislation, plans, programmes, environmental agreements and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements.

Regulation 12(5)(e) - of the EIR states that a public authority may refuse to disclose information if (e) the confidentiality or commercial or industrial information were such confidentiality is provided by law to protect a legitimate economic interest.

There are elements of the Options Agreement, which would provide an unfair advantage to interested parties ie. Technical information set out in a schedule as well as records of pre-contractual negotiations, which the public authority has obtained from the third party.

We consider the information to be commercially sensitive as the information could provide a clear commercial advantage to other parties who will become involved in future phases. The information requested also sets out the pros and cons of all land purchase options within a specific area of regeneration which we feel is unacceptable as this is likely to affect the future bargaining position of the Public Authority and the Broughton Partnership.

Furthermore, the option agreement covers other areas still to be developed and therefore disclosure is likely to prejudice the bargaining position of the Public Authority and could provide clear commercial advantage to other parties who will become involved in those future phases.

The public authority is under a duty to consider whether disclosure should nevertheless be made in the public interest. The public interest test is considered below.

The public interest test - http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_3_public_interest_test.pdf

There is a clear public interest in the redevelopment of the land in question however, we understand that the local community have regular meetings with the Broughton Partnership and the Local Authority, they are aware of the decisions being made. We therefore feel it would serve the public interest in withholding the information, as we agree that the information is commercially sensitive and indeed is still in the process of being developed.

For these reasons, the documents should be classed as Commercially Confidential and it would be unreasonable to release the document.

The circumstances under which the public authority obtained the information -

Board meetings over the life of the Partnership have referred in general terms to the need for confidentiality of the partners in all negotiations. Having contacted the shareholders we can confirm they are entirely of the opinion that this document is commercially sensitive for not only the current phase where development is under discussion but other future phases where, if the details were released, the Partnership feel it likely that they would have its ability to negotiate a transaction at the best value reasonably obtainable removed in any discussions as to value of land.

Timing of the disclosure -

Timing of the disclosure is also of great importance. The information withheld relates to sensitive commercial information in a currently high competitive market. The Partnership is engaged in a long term regeneration of a wide project area which has taken and will take time to progress and complete. A release date in 15 years would be adequate.

I trust the above information is of some assistance in answering your questions but should you disagree with the above, or if you wish to make a formal appeal against this decision, please contact David Sackfield Head of Business Support and Information Management in the Customer Services Directorate at the above address or telephone on 0161 793 2141. Guidance on how to make a formal appeal against a decision under the Freedom of Information Act 2000 is also available on our web site at www.salford.gov.uk[Author ID1: at Wed Mar 24 12:44:00 2010 ].

Should you further disagree with the decision following the appeal, you may wish to contact the Office of the Information Commissioner.

Office of the Information Commissioner

Wycliffe House

Water Lane, Wilmslow

Cheshire SK9 5AF

www.informationcommissioner.gov.uk

Tel: 01625 545700

Fax: 01625 524510

Yours sincerely

Lynn

Lynn Faulkner

Principal Information Governance Officer