Dear Barnet Borough Council,
I am currently trying to find planning application documents on your planning portal, using the planning references. I am unable to locate any of them, please can you send me a copies or the links to each Section 106 agreement referring to the planning applications below:
H/01588/09 - Dated 09/03/2010
W00198AA/04 - Dated 08/04/2005
With these S106s can you please also send me:
- Proof of financial expenses
- Dates of when council contributions were spent and allocated
- The Party which paid the contributions
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Dear Pethro Hawkins,
Environmental Information Regulations 2004
Thank you for your request for information that was received on 19 March
We will deal with your request under the Environmental Information
Under the Act we must respond promptly and in any event within 20 working
days from the date we received your request. We will respond to you by 20
Please note the Act defines a limited set of exemptions from the right to
know. If we decide not to release any information we shall explain why,
which exemption we are relying on and how you can appeal.
Please note: If you receive a request from us for clarification of your
request please respond to it by the date given. We will not be able to
process your request if you do not provide the clarification asked for.
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Dear Seral Mustafa,
Thank you for your response and for providing this information. However some parts of my request were not provided. Please can you clarify the dates that monies were allocated and the name of the party that paid these contributions.
Dear Pethro Hawkins
I was sorry to hear your concerns.
Your complaint. Please can you clarify the dates that monies were
allocated and the name of the party that paid these contributions.
I have consulted with the Council's S106 team and they have confirmed with
me that they have checked the reports that they are able to generate from
our monitoring system. The s106 team advise that they are unable to
generate a report that shows the dates monies were allocated. If the
service were to ask IT consultants to prepare a report that included the
allocated date, it would be prohibitively expensive, above £450 per
In the main, the contribution will have been made by the developer that is
named in the s106. However, development can change hands from grant of
planning permission to implementation, and may also change hands during
construction. In addition, the payee may be a lender on behalf of a
developer. The S106 team do not normally concern themselves with who in
particular has made a payment, as long as payment has been received.
Therefore, to answer the information request the s106 team would need to
look at each individual receipt and search historic records for
information that may or may not be held. Payees may make a 'remittance
advice' when making a Bacs payment, but the planning service do not keep
copies of these.
I therefore apologise that the above explanation following EIR exception
was not included in the original Decision Notice sent to you. For
completeness I have included below.
Regulation 12(4)(b) of the Environmental Information Regulations 2004
provides an exception to the disclosure of information in situations where
the request is manifestly unreasonable. This exception may be invoked
where the request places a substantial and unreasonable cost or burden of
dealing with it. The purpose of the exception is to protect public
authorities from exposure to a disproportionate burden or an unjustified
level of distress, disruption or irritation, in handling information
This is a qualified exception under EIR which means that consideration
must also be given to whether in all the circumstances of the case the
public interest favouring disclosure is greater than the public interest
in maintaining the exemption. The public interest means what is in the
best interests to the public.
The information was prepared for internal circulation and its release may
affect our ability to effectively share information of this kind
internally. This is a qualified exception under the EIR which means that
consideration must also be given to whether in all the circumstances of
the case the public interest favouring disclosure is greater than the
public interest in maintaining the exemption. These factors are that the
decision making processes of public functions should be transparent and
open to scrutiny in order to inform the public debate. The case against is
the burden on the public authority and diversion away from its core
It would take a prohibitive amount of time to compile the information
requested, and the service estimate circa 30 minutess per payment. Even
then, we may not even find the information. On this basis, regrettably we
are unable to provide the information requested to you.
Thank you for your interest in Barnet Council.
Records and Information Management Service, Assurance Group
London Borough of Barnet, 2 Bristol Avenue, Colindale, NW9 4EW
Pronouns. He, him, his
Tel: 0208 359 7597 | Web: barnet.gov.uk
Dear Seral Mustafa,
Thank you for your response and for providing this information. However
some parts of my request were not provided. Please can you clarify the
dates that monies were allocated and the name of the party that paid these
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