Section 106 agreements dated between January 2010 and January 2020

C Gordon made this Rhyddid Gwybodaeth request to Southwark Borough Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Southwark Borough Council fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Southwark Borough Council,

Under the Freedom of information act 2000, please can you provide a breakdown of all S106 agreements with a clawback obligation that have been agreed between January 2010 and January 2020.

Please include the dates of the agreements, and either copies of the agreements or live links to where the agreements can be found.

Please include detailed information regarding when the funds for each S106 was:
A) Received
B) Spent and evidence of expenditure
C) Allocated
D) Any amounts unspent
E) Any unspent amount/s that have been repaid and when
F) Parties named in the S106 agreements
G) Clawback periods

Yours faithfully,

C Gordon

accessinfo, Southwark Borough Council

Thank you for your email. We are currently unable to respond to your request as we re-direct our resources to provide critical services to vulnerable residents and businesses during the Covid-19 (Coronavirus) pandemic. We will re-instate this service as soon as we can. Thank you for your patience and understanding during these challenging times.

Accessinfo Team
London Borough of Southwark Council
PO Box 64529
London
SE1P 5LX
www.southwark.gov.uk

dangos adrannau a ddyfynnir

Dear accessinfo,
Further to my request made under the Freedom of Information Act 2000 dated 17th June 2020, I wish to amend my request.
Please can you provide a breakdown of all S106 agreements with a clawback obligation that have been agreed between January 2005 and January 2015.
Please include the dates of the agreements, and either copies of the agreements or live links to where the agreements can be found.
Please include detailed information regarding when the funds for each S106 was:
A) Received
B) Spent and evidence of expenditure
C) Allocated
D) Any amounts unspent
E) Any unspent amount/s that have been repaid and when
F) Parties named in the S106 agreements
G) Clawback periods

Yours sincerely,

C Gordon

Dear accessinfo,
is it possible to dins out when you will reinstate your FOI services.

Yours sincerely,

C Gordon

accessinfo, Southwark Borough Council

Thank you for your email. I can confirm that we are currently processing your request under reference 2220990. I am sorry for the delay in providing this response, our work has been significantly impacted by Covid 19 as the council redeployed resources in response to the pandemic.

We are making every effort to answer FOI, EIR, subject access and data rights requests within the relevant statutory timeframes but you may experience some delays whilst we work towards resuming normal service levels.

Kind regards,

AccessInfo Team
London Borough of Southwark
PO BOX 64529
London
SE1P 5LX 

www.southwark.gov.uk/

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dangos adrannau a ddyfynnir

CEXaccessinfo, Southwark Borough Council

Dear Mr Gordon, C

Re: Your request for information: 2220990

Thank you for your request for information that was received on 21 August
2020, in which you requested:

Under the Freedom of information act 2000, please can you provide a
breakdown of all S106 agreements with a clawback obligation that have been
agreed between January 2010 and January 2020

 

Please include the dates of the agreements, and either copies of the
agreements or live links to where the agreements can be found.

 

Please include detailed information regarding when the funds for each S106
was:

 

A)        Received

B)        Spent and evidence of expenditure

C)        Allocated

D)        Any amounts unspent

E)        Any unspent amount/s that have been repaid and when

F)        Parties named in the S106 agreements

G)       Clawback periods

Please accept our sincere apologies for the delay in responding to your
request.

Your request has been considered under Environmental Information
Regulation (EIR) 2004.

In response to it, we are able to provide the following information:

Financial S106 received S106 spent S106 committed S106 brought S106 Reason
year (Affordable (Affordable but not spent forward to next repaid for
housing + housing + financial year repayment
other other
contributions) contributions)
2010-11 No data to No data to No data to No data to None N/A
report on report on report on report on
2011-12 No data to No data to No data to No data to None N/A
report on report on report on report on
2012-13 No data to No data to No data to No data to None N/A
report on report on report on report on
2013-14 No data to No data to No data to No data to None N/A
report on report on report on report on
2014-15 £31,696,676.34 £12,970,997.91 N/A   None N/A
2015-16 £36,772,793.14 £26,201,905.62 N/A £154,858,460.82 None N/A
2016-17 £27,214,688.43 £12,851,155.53 N/A £147,852,649.73 None N/A
2017-18 £16,519,674.71 £50,812,455.58 £70,101,790.89 £134,846,152.59 None N/A
2018-19 £15,490,876.88 £22,012,522.73 £41,718,685.07 £49,647,172.76 None N/A
2019-20 £17,611,143.89 £27,523,352.16 £51,739,125.16 £33,354,751.65 None N/A

 

Reports cannot be generated on the following information as a result of
the number of legal agreements agreed by the LPA. Please note this
information is not provided in line with exception 12 (4) (b) of
Environmental Information Regulations 2004 – Manifestly unreasonable
request.

 

Reliance upon an exemption under the EIR is always subject to the
requirement under Regulation 12(1) (b) that the public interest in
maintaining the exception outweighs the public interest in disclosing the
information. 

 

In arriving at this view, the council has considered the following factors
both for and against the release of this information:

 

Factors in favour of release:

·               Regulation 5 of the Environmental Information Regulations
states where a public authority holds environmental information; it shall
make it available on request and, as a starting point, the council is
required to apply a presumption in favour of disclosure.

·               The council has a duty to ensure that planning information
is available to the public to ensure the planning process is open and
transparent

 

Factors in favour of withholding:

·                In order to provide this information one would be
required to examine in detail approximately 1000 legal agreements

·                Providing this information would therefore place an
unreasonable strain on the council’s resources

·                Providing this information would divert officers from
providing services or answering other requests

 

It is therefore the council’s assertion that the factors in favour of
withholding this information outweigh the factors in favour of release and
in accordance with Regulation (14) of EIR this letter acts as a refusal
notice.  

 

These legal agreements are available to be viewed online in the council’s
planning register at:

[1]https://planning.southwark.gov.uk/online...

 

Please also note that no records of parties named in the s106 and the claw
- down periods are held.

 

 

Your rights

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. You should request this review within
two months of receiving this response, by contacting
[2][Southwark Borough Council request email]. Please remember to quote the reference
number above in any future communications.

 

If you are not content with the outcome of your appeal you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact her within
two months of the outcome of the internal review. Further information on
the Freedom of Information Act is available through the Information
Commissioner’s website at [3]www.ico.org.uk

 

 

 

Yours sincerely,

 

 

Martyna Plewniak

Senior Information Officer

 

 

 

 

 

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References

Visible links
1. https://planning.southwark.gov.uk/online...
2. mailto:[Southwark Borough Council request email]
3. http://www.ico.org.uk/
4. https://www.nhs.uk/conditions/coronaviru...