Funding of Humbug Shop Building 16 Marine Drive and 42 High Street, Margate

Margate Conservation Area Advisory Group made this Rhyddid Gwybodaeth request to South East England Development Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Margate Conservation Area Advisory Group

Dear South East England Regional Development Agency,

We are writing to request information under the Freedom of
Information Act about your funding of the following organisation or
project. Specifically, we would like to know:

Re: Humbug Shop Building 16 Marine Drive and 42 High Street,
Margate

1. Has any money from public funds been given to any owners /
developers of this building since 2005 and, if so:

2. What is the total amount of the money given?

3. What were the conditions under which the money was given and
have the recipients of the money complied with those conditions?

4. How has that compliance been verified by the Council Officers of
MRP?

5. What action has been taken, or is to be taken, if the recipients
have not complied with the conditions of the funding?

6. Can an amendment to the original contract be authorised because
the grant now relates to a different property ie only 16 Marine
Drive and not 42 High Street now excluded?

7. Is this a new contract that would have to go back for new
planning approval and, does the grant have to be re-applied, by
MRP, on different terms because it's such a fundamental change of
use?

Our preferred format to receive this information is by electronic
means. If one part of this request can be answered sooner than
others, please send that information first followed by any
subsequent data. If you need any clarification of this request
please feel free to email me. If FOI requests of a similar nature
have already been asked could you please include your responses to
those requests.

Many public authorities release their contracts with private
vendors in line with the Freedom of Information Act. The exemption
for commercial interest under the Act (section 43) is a qualified
exemption, which means information can only be withheld if it is in
the public’s interest. The public have an interest in knowing the
terms of contracts and grants awarded by public authorities,
whether or not public money changes hands immediately.

If you are relying on section 41 (the exemption for legal breach of
confidence) then we would like to know the following:
• When these confidentiality agreements were agreed
• All correspondence and email in which these confidentiality
agreements were discussed.
• The precise wording of the confidentiality agreements

We ask these questions because guidance issued by both the Lord
Chancellor (draft guidance on FOI implementation) and the Office of
Government Commerce (Model terms and conditions for goods and
services) specifically state that public authorities should not
enter into these types of agreements. They go directly against the
spirit of the laws of disclosure. We would also point to the
Information Commissioner’s guidance on accepting blanket commercial
confidentiality agreements: ‘Unless confidentiality clauses are
necessary or reasonable, there is a real risk that, in the event of
a complaint, the Commissioner would order disclosure in any case.’

Finally, within the law of confidence there is also a public
interest test. Therefore, the information should be disclosed in
full. If any parts are redacted they must be for information that
can be proven to be a legal breach of confidence in court, and only
then where secrecy can be shown to be in the public interest. These
are difficult positions to argue when public money is at stake or
where a public authority is offering a private company a monopoly
to charge its stakeholders.

We would be grateful if you could confirm, in writing, that you
have received this request, and we look forward to hearing from you
within the 20-working day statutory time period.

Yours faithfully,

Margate Conservation Area Advisory Group

Daniel Lo Russo, South East England Development Agency

Thank you for your email.

I will be out of the office until the 23rd June and will respond to your email upon my return.

If you have an urgent enquiry relating to the Freedom of Information Act or Parliamentary Questions please forward this tol [email address].

Regards

Dan Lo Russo
Head of Information

Please consider the environment before printing this email.

dangos adrannau a ddyfynnir

SEEDA is the Government funded agency responsible for the sustainable economic development and regeneration
of the South East of England - the driving force of the UK's economy.
_________________________________________________________________________________
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FOI, South East England Development Agency

1 Atodiad

Please find attached our acknowledgement of your FOI Request

Regards

Hayley khennouchi

Hayley Khennouchi

Information Manager

SEEDA

Cross Lanes

Guildford GU1 1YA
Email: [1][email address]

Tel: 01483 484 241

Please consider the environment before printing this email.

dangos adrannau a ddyfynnir

SEEDA is the Government funded agency responsible for the sustainable
economic development and regeneration
of the South East of England - the driving force of the UK's economy.
_________________________________________________________________________________
This email has been scanned by the MessageLabs Email Security System.
______________________________________________________________________

References

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1. mailto:[email address]

Paul Lovejoy, South East England Development Agency

1 Atodiad

Dear Madam/Sir,

Please find attached SEEDA's response to your Freedom of Information
request.

<<R00232 - Reply Letter.pdf>>

Paul Lovejoy
Executive Director, Strategy
SEEDA
Cross Lanes
Guildford
Surrey
GU1 1YA
Tel: 01483 484223
Fax: 01483 577874
Email: [email address]

Please consider the environment before printing this email.

dangos adrannau a ddyfynnir

SEEDA is the Government funded agency responsible for the sustainable economic development and regeneration
of the South East of England - the driving force of the UK's economy.
_________________________________________________________________________________
This email has been scanned by the MessageLabs Email Security System.
______________________________________________________________________