Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywC Gordon mewngofnodwch a gadael i bawb wybod.

Dear Brent Borough Council,

Regarding S106 agreements granted between January 1st 2000 and December 31st 2005 please can you provide the following information:

- Total Contributions received and dates
- Total contributions allocated and date allocated
- Total Contributions spent and dates when spent
- Total contributions unspent
- The party that paid the contribution

Yours faithfully,

C Gordon

Freedom of Information, Brent Borough Council

Thank you for contacting the FOI Team.

This is confirmation that we have received your email. You should receive
a further acknowledgment shortly with a reference number.

Due to the current coronavirus (Covid-19) pandemic it is likely that there
will be an impact on information request response times. However we will
endeavour to keep you updated if there is a significant delay.

Apply early if you want to vote by post in the May elections - it's the
easiest and safest way to vote during the Covid-19 pandemic. Find out more
by visiting [1]www.brent.gov.uk/londonelections
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DoNotReply1, Brent Borough Council

[1]brentlogo1 (227×84)   Tel: 020 89371234
Email: [email address]
Web: [2]https://www.brent.gov.uk/your-council/

Dear C Gordon 

RE: EIR - Section 106 Agreements 
Thank you for contacting the council on 14/04/2021.
Your case will be assigned to an officer and you should receive their
details soon.

Please use this reference number IRC-04960-X2L4H5 when contacting us about
this case.
Please note that we may require further information in order for us to
proceed, in which case we will contact you. 

If you would like further information on how your case will be dealt with,
please visit our website: [3]https://www.brent.gov.uk/your-council/ 
Yours sincerely 
London Borough of Brent

Don't miss the postal vote deadline on 20 April. Voting by post is the
easiest and safest way to vote in the elections on 6 May so if you want to
vote this way, apply today: [4]www.brent.gov.uk/londonelections
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Brent Council -Spatial Planning, Brent Borough Council

[1]brentlogo1 Tel: 020 8937 2444
(227×84) Email: [email address]
Web: [2]https://www.brent.gov.uk/your-council/tr...

Our Ref: IRC-04960-X2L4H5
Your Ref:

Dear ‎

RE: EIR - Section 106 Agreements

Freedom of Information Act 2000

Thank you for your enquiry received on, 14/04/2021.
Martin Holley, Infrastructure Planning Team Leader, is responsible for
this case and will reply to you once they have collated all relevant
information which you have requested.

In the meantime, If you have any questions relating to your enquiry or you
wish to provide further information, please contact us using the details
provided.

Please use our reference number in all correspondence relating to this
enquiry.

Yours sincerely 
London Borough of Brent

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Brent Council -Spatial Planning, Brent Borough Council

1 Atodiad

[1]brentlogo1 (227×84)   Tel: 02089374811
Email: [email address]
Web: [2]https://www.brent.gov.uk/your-council/

Our Ref: IRC-04960-X2L4H5

Dear C Gordon
Environmental Information Regulations 2004

Thank you for your information request received on 14/04/2021.
This request is being handled under the Environmental Information
Regulations 2004.

You requested the following information:

"Regarding S106 agreements granted between January 1st 2000 and December
31st 2005 please can you provide the following information:
- Total Contributions received and dates
- Total contributions allocated and date allocated
- Total Contributions spent and dates when spent
- Total contributions unspent
- The party that paid the contribution"

 
I can confirm that Brent Council holds the information requested. However,
I am withholding some of that information on the basis that regulation
12(4) (b) of the EIR applies. The EIR allow public authorities to refuse a
request for information, which is manifestly unreasonable.
 
We do not hold the information for which party paid the contribution. In
addition, due to the time required to collect and collate the information,
we have not been able to provide the dates of the contribution allocation
and spend as this would well exceed 18 hours.
This exception is subject to a public interest test.

Public interest in maintaining the exception
 
We therefore have relied on Regulation 12(4)(b) of the EIR in that we
consider the request to be manifestly unreasonable. There is no direct
equivalence between the 18 hour cost limit for the council under FOIA and
regulation 12(4)(b) and we could have taken an extra 20 working days to
comply with the request by virtue of regulation 7 of the EIR. However,
having considered the scope, the depth and the accessibility of the
information, the council is of the view that it satisfies the public
interest test to withhold the information. 
 
The request covers a period of 16 years of information. To obtain the date
of the allocation of the contribution and the date of the spend of the
contribution, it will require It will require a manual search to be
conducted of 91 folders to obtain the spreadsheets of various individual
commissioning forms and other. The time to search each folder, review and
collate the information from the various documents within each folder is
likely to take 20 minutes at a minimum and therefore 91 x 20 = 30.3 hours.
 
The request for this information now places a substantial burden on the
council’s resources by redirecting officers away from their day-to-day
responsibilities. The information regarding the purpose of the
contribution, the amount received, the date of receipt of the
contribution, the amount allocated, the amount allocated and spent and the
amount allocated and unspent as per your request has been provided. It is
the council’s respectful submission that you have received all key and
relevant information, including information provided over and above what
was sought in an attempt to be helpful in the form of the purpose of the
contribution. We are of the view that a request needs to be reasonable and
proportionate, given what is required by statute, what has been disclosed
and the assistance provided to date, the council is of the view that in
the present circumstances the request for “the dates of allocation and
spend” is unreasonable and disproportionate.
 
The disclosure of the dates of allocation and spend will not add any
substantial further detail or value to the information already provided,
which has been extensive; and providing this truly represents a
significant undertaking.
 
Balance of the public interest
 
The council accepts that scrutiny of a local authorities decision is a
fundamental right, especially for those affected by its decisions and that
there is a presumption of disclosure for Environmental Information
requests. Accordingly, details of the costs and an estimation of how the
costs are calculated have all been provided.
 
It is accepted that a local authority should carry some costs in complying
with a request, and that expectation should adjust depending on the
environmental issue.
 
The council also considered the factors for withholding the information
sought. It has taken into account:

 1. The disclosure provided.
 2. The fact that most of the information has been disclosed under the EIR
framework; and will not add any weight to the information already
available, but will place a disproportionate burden upon the council.
 3. The cost to be incurred in order to obtain the dates would be
disproportionate, and an unjustified burden on the Council.
 4. When considering proportionality and value, the information provided
over and above in an attempt to be helpful and the size of the team,
the request amounts to an unreasonable diversion of resources from the
council’s core activities.
 5. Our obligation to use resources effectively and the time required to
obtain, gather and disclose the requested information is not
considered a good use of officer time or resources.
 6. The key information of the purpose of the contribution, date received,
amount received, amount allocated spent has been provided, and
accordingly it is considered that the public interest therefore lies
in the council not being diverted away from its core responsibilities.
 7. Lastly, for the reasons outlined above, the council would respectfully
submit, that this is not a case where the council has failed to be
open and transparent or sought to withhold information.

Consequently, in coming to its conclusion, the public interest in
providing the information has been carefully weighed against any prejudice
to the public interest that might arise from withholding the information.
In all the circumstances of the case, the public interest in maintaining
the exemption outweighs the public interest in disclosing the information
on the basis that the balance of public interest lies in the council not
being further diverted away from its core responsibilities.

Public interest in disclosure

There will always be some public interest in disclosure to promote
transparency and accountability of public authorities, greater public
awareness and understanding of environmental matters, a free exchange of
views, and more effective public participation in environmental decision
making, all of which ultimately contribute to a better environment.

The attached table details the purpose of the contribution, the amount
received, the date of receipt, the amount allocated, the amount allocated
and spent and the amount allocated and unspent as per your request. As
mentioned above, it does not include the party the paid the contribution,
the date the contribution was allocated or the date the contribution was
spent.
 

If you are dissatisfied with the way in which your request has been
handled or the outcome, you may request an internal review within two
calendar months of the date of this response by writing to the following
address:

Freedom of Information
Brent Civic Centre
Engineers Way
Wembley
HA9 0FJ

[3][email address]

If you remain dissatisfied with the handling of your request or internal
review, you have a right to appeal directly to the Information
Commissioner for a decision. The Information Commissioner can be
contacted at:

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Phone: 0303 123 1113

Website: [4]www.ico.org.uk

I will now close your request as of this date. 

Yours sincerely 
Martin Holley
Infrastructure Planning Team Leader
 

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References

Visible links
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3. mailto:[email address]
4. http://www.ico.org.uk/

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywC Gordon mewngofnodwch a gadael i bawb wybod.