Dear Waltham Forest Borough Council,

Please can you provide a copy of the contract between Waltham Forest Borough Council and Sixty Bricks Limited? Can you also provide details of what oversight of the contract is performed by the council to ensure the quality of the work they are requested to carry out.

Yours faithfully,

Zoe Brown

Information Officer | Waltham Forest Council, Waltham Forest Borough Council

Re: "Freedom of Information request - Sixty Bricks Limited"
Reference: FOI175810937
Date of request: 2020-02-18 09:44:02

Dear Zoe Brown ,

Thank you for your recent request for information. Your request has been
received and we are dealing with it under the terms of the Freedom of
Information Act (2000), and in line with the Council's policy and
protocols.

In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.

If you have any queries about this message, please contact us via email
at: [1][email address] or by post at:

The London Borough of Waltham Forest
Town Hall
Forest Road
London
E17 4JF

Please remember to quote the reference number above in any future
communications.

Kind regards,

The Information Officer
The London Borough of Waltham Forest
Town Hall
Forest Road
London
E17 4JF
CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[email address]?subject=FOI%20Query

Information Officer | Waltham Forest Council, Waltham Forest Borough Council

Re: FOI Response FOI175810937 "Freedom of Information request - Sixty
Bricks Limited".

Dear Zoe Brown ,

I am writing in response to your recent request for information that was
received on 18th February 2020 about Freedom of Information request -
Sixty Bricks Limited.

>

The Council has now completed its search for the information you requested
and a copy of the information which can be disclosed is enclosed. The
information supplied has been provided by the department responsible for
the service delivery. Please note that some of the information requested
within the terms of your request is exempt from the right of access under
the Freedom of Information Act 2000.

 1. To be sent a copy of the contract commissioning work between London
Borough of Waltham Forest and Sixty Bricks Ltd

 1. The contract between the Council and Sixty Bricks in respect of works
is a Development Agreement .This is currently in draft form and under
the Environmental Information Regulations 12(4)d we are not required
to disclose commercial information on land development matters. We are
happy however to provide a redacted copy of the Development Agreement
once it is completed.

 2. To be provided with details of what oversight  of the contract is
performed by the Council to ensure the quality of the work Sixty
Bricks are required to carry out.

 1. The London Borough of Waltham Forest have a number of programme
management and governance systems in place to ensure there is
oversight and scrutiny of the work being carried out by Sixty Bricks.
These systems are managed by the Council’s Housing Delivery Client
side team and include :

o Project Client Briefs and Commissioning Documents .These are issued by
the Client team at the inception stage of projects and set the
strategic and commercial framework for delivery within which Sixty
Bricks must operate for each project.
o Cyclical project review meetings. Here projects in the programme are
reviewed for progress by Council client side programme leads.
o Monthly Client meetings where corporate and strategic issues in
relation to the Council and Sixty Bricks  performance under the
contract are discussed,
o Sixty Bricks Board meetings. At these meetings the Sixty Bricks
delivery team update the Board on progress ,new initiatives and
escalate any issues of concern. There are Council officers on the
Board.
o Housing Investment Group meetings. Here senior council officers are
advised and updated on key issue affecting the Sixty Bricks delivered
housing  programme. This Group also gives approvals under the
Council’s scheme of delegation for budgets and scheme activity
delegated under overarching Cabinet approvals or that are in line with
the Councils Corporate Plan
o Development Facility Agreement. This is the loan agreement between the
Council and Sixty Bricks and there are conditions precedent within
these that relate to performance and this oversight is under this
contract is undertaken by the Project Monitor.
o Performance will be measured against the KPI’s in the Development
Facility Agreement and the outputs set out in the Client Briefs.
o The Council have appointed architects BPA as independent design
quality review consultants to monitor design quality across the Sixty
Bricks programme

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, you should contact
us via e-mail at: [1][email address] or by post
at:

The London Borough of Waltham Forest
The Information Officer
Town Hall
Forest Road
London
E17 4JF

Please remember to quote the reference number FOI175810937 in any future
communications.

If you are not content with the outcome your review, you may apply
directly to the Information Commissioner's Office (ICO) or a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
complaints procedure provided by the Council.

Kind regards,
The Information Officer

Kind regards,

The Information Officer
The London Borough of Waltham Forest
Town Hall
Forest Road
London
E17 4JF
CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[email address]

Dear Information Officer

I am writing to request an internal review of part of the response to my request for information.
Your response to my request for the contract commissioning work between London Borough of Waltham Forest and Sixty Bricks Ltd was as follows:

“The contract between the Council and Sixty Bricks in respect of works is a Development Agreement. This is currently in draft form and under the Environmental Information Regulations 12(4)d we are not required to disclose commercial information on land development matters. We are happy however to provide a redacted copy of the Development Agreement once it is completed.”

Your response appears to be conflating two of the exceptions under the Environmental Information Regulations:
• Material in the course of completion, unfinished documents and incomplete data (regulation 12(4)(d))
• Confidentiality of commercial or industrial information (regulation 12(5)(e))

I would firstly ask that you clarify under which you are claiming that the information is excepted, and that you confirm when the Development Agreement is likely to be completed, as is considered good practice when managing requests for information.

However, the substance of my request for review is that you have failed to consider that both exceptions are subject to the public interest test, and that under EIR regulation 12(1)(b), a public authority can only withhold the information if, in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information. Furthermore, under regulation 12(2), it must apply a presumption in favour of disclosure.

In regard to regulation 12(5)(e), I also refer you to the fact that this only applies where disclosure of the information would cause harm to a legitimate economic interest, it does not apply to all commercial information on land development matters as you appear to be asserting.

In carrying out this assessment I would ask that you take into account the following factors:

• Sixty Bricks Ltd is solely owned by the London Borough of Waltham Forest, it is difficult to understand how in a negotiation over terms between the two parties, release of the information would be harmful to either’s interest.

• I note from information available on Companies House that Sixty Bricks Ltd (previously known as Waltham Forest Developments Ltd) was incorporated in Jan 2017 and according to their own website, they are currently progressing with 6 developments on behalf of Waltham Forest Council. That no agreement has yet been formally agreed before now is in itself a matter of concern.

I believe therefore that the public interest is clearly in favour of releasing documentation which would demonstrate the precise nature of the work being carried out and funded by the Council.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Zoe Brown

Information Officer, Waltham Forest Borough Council

1 Atodiad

Dear Ms Brown

 

Thank you for your email.

 

You will have now received an email from LBWF acknowledging your request
for an internal review of your FOI as a Complaint. Please be advised that
the matter will indeed be dealt with as an ‘FOI review’ and has been sent
to our General Data Protection Regulation team.

 

Although you received the automated acknowledgement referring to the
complaints procedure, please ignore this information, but ensure that you
make a copy of your reference number for reference.

 

If you have any questions relating to this, please do not hesitate to
contact us again.

 

Regards,

 

 

Elizabeth Martins

Information Officer | Business Support Officer (SAR)

Customer Service and Business Support | Resident Services

 

 

London Borough of Waltham Forest | First Floor, The Magistrates

Waltham Forest Town Hall Complex | Walthamstow | London | E17 4JF

 

 

 

 

 

 

 

 

 

 

 

From: Zoe Brown <[FOI #647511 email]>
Sent: 15 April 2020 21:29
To: Information Officer <[email address]>
Subject: Internal review of Freedom of Information request - Sixty Bricks
Limited

 

Dear Information Officer

I am writing to request an internal review of part of the response to my
request for information.
Your response to my request for the contract commissioning work between
London Borough of Waltham Forest and Sixty Bricks Ltd was as follows:

“The contract between the Council and Sixty Bricks in respect of works is
a Development Agreement. This is currently in draft form and under the
Environmental Information Regulations 12(4)d we are not required to
disclose commercial information on land development matters. We are happy
however to provide a redacted copy of the Development Agreement once it is
completed.”

Your response appears to be conflating two of the exceptions under the
Environmental Information Regulations:
• Material in the course of completion, unfinished documents and
incomplete data (regulation 12(4)(d))
• Confidentiality of commercial or industrial information (regulation
12(5)(e))

I would firstly ask that you clarify under which you are claiming that the
information is excepted, and that you confirm when the Development
Agreement is likely to be completed, as is considered good practice when
managing requests for information.

However, the substance of my request for review is that you have failed to
consider that both exceptions are subject to the public interest test, and
that under EIR regulation 12(1)(b), a public authority can only withhold
the information if, in all the circumstances of the case, the public
interest in maintaining the exception outweighs the public interest in
disclosing the information. Furthermore, under regulation 12(2), it must
apply a presumption in favour of disclosure.

In regard to regulation 12(5)(e), I also refer you to the fact that this
only applies where disclosure of the information would cause harm to a
legitimate economic interest, it does not apply to all commercial
information on land development matters as you appear to be asserting.

In carrying out this assessment I would ask that you take into account the
following factors:

• Sixty Bricks Ltd is solely owned by the London Borough of Waltham
Forest, it is difficult to understand how in a negotiation over terms
between the two parties, release of the information would be harmful to
either’s interest.

• I note from information available on Companies House that Sixty Bricks
Ltd (previously known as Waltham Forest Developments Ltd) was incorporated
in Jan 2017 and according to their own website, they are currently
progressing with 6 developments on behalf of Waltham Forest Council. That
no agreement has yet been formally agreed before now is in itself a matter
of concern.

I believe therefore that the public interest is clearly in favour of
releasing documentation which would demonstrate the precise nature of the
work being carried out and funded by the Council.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Zoe Brown

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #647511 email]

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

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[4]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.

dangos adrannau a ddyfynnir