Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

ref:_00D1tqGSL._5002o30Hmlk:ref

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Dear Dr G Burrell

I am writing in respect of your information request dated 17th April 2022.
I am extremely sorry that it has not been possible to issue you with a
substantive response within the statutory timeframe required under the
Environmental Information Regulations. 

We are currently still attempting to identify and locate all of the
information falling within the scope of your request. In order to expedite
this process, I have been asked if you could provide an explanation of
your interpretation of 'outputs', i.e. the types of data you believe this
would encompass.

I can only sincerely apologise for the delays in handling your case, and
for any disruption this may cause. I hope to be able to provide you with
an update shortly. Thank you in advance for any assistance you can provide
in respect of the above query.

Should you have any further questions regarding this case, please do not
hesitate to contact me at this address. 

Yours sincerely 

Jamie Naylor
Specialist Officer (FOI)
Folkestone & Hythe District Council.
Email: [1][Folkestone & Hythe District Council request email]
Website: [2]Home | [3]FOI and Data [4]Privacy
Follow us on [5]Twitter and [6]Facebook

dangos adrannau a ddyfynnir

Dear Dr Burrell 

Thank you for your quick response. We will apply your clarified
definitions to the document search and hope to have an update for you
shortly.

If it is not possible to make a prompt complete disclosure due to the
volume of retrieved material, we will endeavour to instead undertake a
staged disclosure and provide substantive documents as they become
available. 

I can again only apologise for the delays incurred up to this point.
Should you have any further questions, please do not hesitate to contact
me. 

Kind regards

Jamie Naylor
Specialist Officer (FOI)
Folkestone & Hythe District Council.
Email: [1][Folkestone & Hythe District Council request email]
Website: [2]Home | [3]FOI and Data [4]Privacy
Follow us on [5]Twitter and [6]Facebook

dangos adrannau a ddyfynnir

 
Dear G J Burrell,

I am writing in respect of your request dated the 19/04/2022 and our
previous correspondence in this matter.

I apologise again that it has not been possible to provide you with a
substantive response to your request within the 20 working day
period.  I am extremely sorry for this lengthy delay and for the
inconvenience that this is has caused you.

I can confirm that we are working on your request and will provide
you with a response at the very earliest opportunity.  We thank you
once more for your ongoing patience.

If you have any queries in the meantime please do not hesitate to
contact me. You may also request an internal review by writing to the
following address: [1][email address]

Following this, if you are not satisfied with the internal review
response you may apply to the [2]Information Commissioner for an
independent review at the following address: [3][email address].

Kind regards,

Information Governance
Folkestone & Hythe District Council

Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY.
Email: [4][Folkestone & Hythe District Council request email]
Website: [5]Home | [6]FOI and Data | [7]Privacy
Follow us on [8]Twitter and [9]Facebook

ref:_00D1tqGSL._5002o30Hmlk:ref
 
 
 

dangos adrannau a ddyfynnir

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

ref:_00D1tqGSL._5002o35p1Da:ref

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

 
Dear Dr G J Burrell,

I acknowledge receipt of your correspondence in respect of your
request dated 19/04/2022.

We are extremely sorry that is has not been possible to provide you
with a substantive response within the 20 working day period and for
the inconvenience that this continued delay has caused you.

I can confirm that we are working on your request, however, we have
been required to consult with third parties in this matter. 
Unfortunately our appropriate contact for the third party is
currently on leave.  We are therefore, unable to provide you with a
firm response date, however, we will make further contact with them
upon their return and provide you with an update at the earliest
possible time.
 

Kind regards,

Information Governance
Folkestone & Hythe District Council
Civic Centre, Castle Hill Avenue,
Folkestone, Kent, CT20 2QY.
Email: [1][Folkestone & Hythe District Council request email]
Website: [2]Home | [3]FOI and Data | [4]Privacy
Follow us on [5]Twitter and [6]Facebook
 
 
 

From: Dr G J Burrell [[7][FOI #855292 email]]
Sent: 03/08/2022 21:47
To: [8][Folkestone & Hythe District Council request email]
Subject: Re: Freedom of Information request - Outputs from Faithful &
Gould contract(s)for the Princes Parade development

Dear Folkestone & Hythe District Council,
This further delay is unacceptable and unlawful.
Please give me immediately a firm date by which you will provide the
requested information plus a full explanation for your difficulty in
responding to a request that should have been straightforward.
I remind you that I would be within my rights to now refer this to the
ICO.
Yours faithfully,

Dr G J Burrell

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #855292 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[11]https://www.whatdotheyknow.com/help/ico-...
[12]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

ref:_00D1tqGSL._5002o30Hmlk:ref

References

Visible links
1. mailto:[Folkestone & Hythe District Council request email]
2. http://www.folkestone-hythe.gov.uk/
3. https://www.folkestone-hythe.gov.uk/your...
4. https://www.folkestone-hythe.gov.uk/priv...
5. http://www.twitter.com/shepwaydc
https://twitter.com/fstonehythedc
6. http://www.facebook.com/shepwaydistrictc...
https://www.facebook.com/FolkestoneandHy...
7. mailto:[FOI #855292 email]
8. mailto:[Folkestone & Hythe District Council request email]
9. mailto:[FOI #855292 email]
10. https://www.whatdotheyknow.com/help/offi...
11. https://www.whatdotheyknow.com/help/ico-...
12. https://www.whatdotheyknow.com/help/ico-...

 
Dear G J Burrell

I am writing in respect of your information access enquiry
dated 19/04/2022. This request has been handled under the
Environmental Information Regulations 2004.

Please accept our sincere apologies that your request wasn't
responded to within the statutory 20 working day time limit - we
thank you for your patience.

Please find below and attached information in response to your
request.

═════════════════════════════════════════════════════════════════════

s43 – Commercial interests 
? 
[1]Section 43?provides an exemption for information that would result
in the disclosure of trade secrets or would / would likely prejudice
the commercial interests of any person. 
? 
Exempted information relates to: copies of all outputs from the
Faithful and Gould contract(s) that have been prepared in support of
the Princes Parade, Hythe, development. 
 
This information is commercially sensitive as the information relates
to a commercial contract which has been tendered and part negotiated
as required to take account of the evolving requirements of the
scheme. 
? 
In considering the information in question, the Council has
identified the parties with a relevant commercial interest in the
disclosure of the requested information. In this case, the commercial
interests are those of the council itself and also the third
parties.?? 
 
In this case the third parties are the contractors and
sub-contractors, and they have been consulted on this request and
identified the information as being commercially sensitive by them. 
 
Prejudice Test 
 
Releasing the information is likely to damage the council's
commercial interests by damaging the collaborative relationship with
the contractors and affecting the management and delivery of the
service.? It would be difficult to realise the full benefits of the
contract without the contractors' goodwill. 
 
Releasing information may also damage the council's commercial
interests with regard to future tenders if the council is perceived
to release confidential information against the interests of
bidders. 
? 
The exemption is subject to a prejudice test; the Council has
considered the identified commercial interest and the likelihood of
it being subject to prejudice by disclosure. 
 
Releasing information previously agreed to be commercially sensitive
information would damage the working relationships the council is
fostering with the contractors.? This is highly likely as the council
has consulted with the contractors in relation to this request. 
 
Releasing the information is also likely to negatively affect the
council's reputation as a contracting authority and affect the
appetite of potential contractors to work with Folkestone & Hythe
District Council in the future.? Given that the contractors have been
consulted on this request and were in agreement to withhold the
entirety of their in-scope data it is likely the contractors would
hesitate to bid for the contracts again for future development
projects. 
 
We have concluded that in the circumstances of the case, there is a
real and causal link between the identified prejudice and the
disclosure of the withheld information. 
 
Public Interest Test 
 
The exemption is subject to the public interest test; the council has
considered the public interest in disclosing the information and the
public interest in maintaining the exemption.: 
 
Factors for release: 

• Disclosure would be in keeping with the council’s commitment to
transparency and presumption in favour of releasing information
which may be of public interest. 
• To demonstrate that the contract(s) is/are being properly
followed with a view to obtaining best value and responsible use
of public funds.? The contractors'’ tenders were evaluated and
selected on the basis of the service delivery plans.

?Factors against release: 

• Releasing the information may prejudice the contractor(s) or
other potential future bidders against tendering with the council
in the future if the council is perceived to release confidential
information against the interests of bidders.?This would make it
more difficult for the council to successfully attract bidders
and obtain best value in future. 
• Details of the contractors' proposed methods and delivery plans
are subject to change in response to operational requirements.?
The output specification details the commitments required from
the contractors. 

• Releasing information is likely to damage the council's
commercial interests by damaging the relationships with the
contractors and affect the management and delivery of the
service. 

? 
We have concluded that in all the circumstances of the case, the
public interest in maintaining the exemption outweighs the public
interest in disclosing the information. 
 
Whilst we recognise that there may be a public interest in the
information, the public interest in maintaining the exemption
outweighs the public interest in disclosing the information (Section
2(2)(b)). 

Regulation 12(3) - Personal data of a person other than the applicant
The exception in Regulation 12(3) is engaged when the information in
question relates to the personal data of a third party, and to
disclose that data would be in breach of relevant data protection
principles. In this case, the requested information inherently
relates to the names, contact details and job titles of junior
Council officers and contractor employees. Having considered the
legitimate interest in disclosure, the Council has concluded that it
would be in breach of the first data protection principle to disclose
(“fair, lawful and transparent).
 

═════════════════════════════════════════════════════════════════════

The contents of this request are subject to re-use under the terms of
the [2]Open Government Licence unless otherwise specified.
Publications relying on this data must be attributed accordingly.
Where released materials are subject to 3^rd party copyright or
intellectual property rights, rights to attribution and re-use remain
vested in the holder.

Personal data disclosed in conjunction with an information access
request is provided in compliance with the Council’s legal
obligations. This disclosure does not provide consent for direct
marketing under the Privacy and Electronic Communications Regulations
(PECR), and should not be construed as such.

Should you require any further information, or if you are not
satisfied with our response, please do not hesitate to contact me.
You may also request an internal review by writing to the following
address: [3][email address]

Following this, if you are not satisfied with the internal review
response you may apply to the [4]Information Commissioner for an
independent review at the following address: [5][email address]

Kind regards,

Information Governance

Case Management (Corporate Services)
Folkestone & Hythe District Council

Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY.
Email: [6][Folkestone & Hythe District Council request email]
Website: [7]Home | [8]FOI and Data | [9]Privacy
Follow us on [10]Twitter and [11]Facebook

ref:_00D1tqGSL._5002o30Hmlk:ref
 
 
 

dangos adrannau a ddyfynnir