Dear Hartlepool Council,

What were the 2018 revenues and what are the forecast 2019-20 revenues from wind turbines within the Hartlepool Borough Council area.

Yours faithfully,

K. Erskine

Freedomofinformation, Hartlepool Council

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dangos adrannau a ddyfynnir

Dear Hartlepool Council,

As a response to this question is now overdue please could you answer ASAP.

Thank you.

Yours faithfully,

K. Erskine

Freedomofinformation, Hartlepool Council

Thank you for your email which has been received by the Council. 

If your request relates to official council held information it will be
handled in accordance with the Freedom of Information Act 2000 or
Environmental Information Regulations 2005. We may need to contact you
for further information or clarification. If you do not hear from us,
please accept this email as acknowledgment of your request. You will
receive a final response within the next 20 working days.

If you are writing to find out what information the Council holds about
you, and wish to exercise your ‘Right to Access’ under data protection
legislation (General Data Protection Regulation and Data Protection Act
2018) your request will be processed and responded to within one month of
receiving the request. 

If you have any queries regarding data protection, please do not hesitate
to contact us at  [1][email address] or on 01429 523087.

Following completion of a freedom of information request/ data protection
request, the information relating to the request and response will be
retained by the Council for three years.  For further information on how
the Council process your personal data in accordance with the Data
Protection Act 2018 and the General Data Protection Regulations, please
visit [2]www.hartlepool.gov.uk/gdpr

If you have any queries, please do not hesitate to contact the Legal
Division on 01429 523087 or email
[3][email address] .

 

 

[4]Love-Hartlepool

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Freedomofinformation, Hartlepool Council

Classification: CONFIDENTIAL

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We apologise for the delay in getting this information to you.

Freedom of Information
Hartlepool Borough Council
Tel: (01429) 266522
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FOI Responses, Hartlepool Council

Dear K Erskine

Further to your request for information I can advise as below;

HBC Revenues for 2018 = £0
Discussions currently being undertaken for future developments, therefore any projected estimated income is considered to be commercially sensitive.

We have considered your request and believe some of the information to be exempt from disclosure under section 43 (2) of the Freedom of Information Act 2000 (the Act) ‘Commercial Interests’ and section 41 ‘information provided in confidence.’

In making this decision we have sought the views of Northgate who believe that the information requested is commercially sensitive and provided to the Council in confidence and should not be disclosed. We have therefore considered their reasons and have made a decision that the information cannot be disclosed and is exempt from disclosure. In making this decision we have also considered the guidance of the Information Commissioner’s Office regarding section 43 and 41 which can be found at www.ico.org.uk

In the Information Commissioner’s Office guidance it states that information may be exempt if disclosure would, or would be likely to, prejudice the commercial interests of any person. We believe that this exemption applies to this information. The guidance states that “disclosure is to the commercial detriment of a third party where disclosure could result in an actionable breach of confidence”. As the contract specifically states that information regarding pricing cannot be disclosed, disclosure would be actionable against the council. Furthermore s.43(2) is designed to protect the commercial interests of commercial bodies. Northgate is such a commercial body which competes for public contracts nationally on a regular basis. As such it has built up its commercial knowledge, skills and expertise over number of years at considerable cost.

In applying this exemption we have considered the public interest. The courts have often distinguished between things which are in the public interest from those which are merely of interest to the public. We believe that disclosure is not in the public interest, and would only be of ‘interest’ to organisation that operate in the same business and be used in an attempt to gain competitive advantage, The Guidance recommends the disclosure of information if “disclosure of the information ensures greater competition.” It is our view that disclosure of the information will have the effect of reducing competition in what is a specialist area of work. The Council further agrees that the disclosure would be harmful to the economic interests of the organisation and would have a detrimental effect on the Council’s ability to attract organisations to do business with the Council.

The Information Commissioner’s Guidance on the public interest sets out the factors for disclosure in the public interest for example accountability for spending public money, the number of people affected by a proposal, any reasonable suspicion of wrongdoing, or any potential conflict of interest. Whilst we appreciate the public have an interest in how Councils are spending money, we do not believe there to be a general public interest in the disclosure of the specific information. The Act does, however, recognise that there will be circumstances and respects in which the preservation of confidentiality between public authority and contractor is appropriate, and must be maintained, in the public interest. Again we believe disclosure is only of interest to a competitor and feel there is no public interest for the information to be revealed, rather there is a significant public disadvantage, in particular in terms of reducing competitiveness and choice if the information was to be provided as requested.

We hope that this information deals with your request, however 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 to [email address] within two months of the date of receipt of the response to your original request.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, www.ico.org.uk

Elena Lilley| Legal Administration Officer Hartlepool Borough Council
Tel: (01429) 523647 | Ext: 3647
Email: [email address]

Web: hartlepool.gov.uk
Facebook: facebook.com/hartlepoolcouncil
Twitter: twitter.com/HpoolCouncil

From: K. Erskine [mailto:[FOI #557602 email]]
Sent: 01 March 2019 14:36
To: Freedomofinformation
Subject: Freedom of Information request - Revenue from Wind Turbines

Dear Hartlepool Council,

What were the 2018 revenues and what are the forecast 2019-20 revenues from wind turbines within the Hartlepool Borough Council area.

Yours faithfully,

K. Erskine

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