Viability assessment for Canada Water regeneration (site C)

Roedd y cais yn rhannol lwyddiannus.

Dear Southwark Council,

I am writing to request a copy of the financial viability assessment submitted in conjunction with the planning application reference 12/AP/4126, for this large redevelopment scheme at Canada Water.

I am also requesting a copy of the District Valuer's appraisal of this viability assessment.

I believe it is in the public interest that this information be made public, on the basis that this development of over 1000 new homes is providing just 34 social rented homes as a result of the viability assessment.

I look forward to hearing from you.

Yours faithfully,

Jerry Flynn
35% Campaign
www.35percent.org

accessinfo, Southwark Borough Council

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Yours sincerely

 

Information Governance Team

Southwark Council

 

 

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Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 667855

dangos adrannau a ddyfynnir

Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 667855

dangos adrannau a ddyfynnir

Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 667855

dangos adrannau a ddyfynnir

Dear Ms Plewniak,

It has been over two and a half months since I made this information request.
I would appreciate a response without too much further delay.

Yours sincerely,

Jerry Flynn
35% Campaign
www.35percent.org

CEXaccessinfo, Southwark Borough Council

3 Atodiad

Link: [1]File-List

Dear Mr Flynn,

 

Re: Your request for information: 667855

Thank you for your request for information that was received on 21June
2016 in which you requested:

I am writing to request a copy of the financial viability assessment
submitted in conjunction with the planning application reference
12/AP/4126, for this large redevelopment scheme at Canada Water.

 

I am also requesting a copy of the District Valuer's appraisal of this
viability assessment.

 

I believe it is in the public interest that this information be made
public, on the basis that this development of over 1000 new homes is
providing just 34 social rented homes as a result of the viability
assessment.

 

Your request has been dealt with under Environmental Information
Regulations (EIR) 2004.

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

 

In response to it, we are now able to provide the attached information.

 

Please also note that where the information is redacted, this is in
accordance with Regulation 12(5) (e) – confidentiality of commercial and
industrial information where such confidentiality is provided by law to
protect a legitimate economic interest. Where disclosure would adversely
affect or be very likely to prejudice the commercial interests of either
the council or any third party.

 

As the information requested related to information provided by a third
party, the council notified them of this request and offered them the
opportunity to discuss any particular issues or concerns that they
considered relevant to the question of disclosure of this information
before the council decided whether or not to release the information.

 

In this instance, the council asserts that the public interest in
providing the redacted information does not out weigh the likely prejudice
to commercial and economic interests of the third party.

 

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 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.

·               Promoting transparency and accountability by public
authorities on their decisions and in the spending of public money

·               Contributing to public understanding and participation in
a debate of importance

 

 

Factors in favour of withholding:

·               The fact that the redacted information contains
commercially sensitive details relating to the agreement  reached between
third parties, which if disclosed would adversely affect third party’s
economic interests as well as placing the third party at a competitive
disadvantage in any future development opportunity

·               The fact that within the viability assessment received
from the third party was done so on the understanding that this
information would remain confidential and the council have agreed to
maintain the confidentiality of all such information provided by the third
party (please note, the council acknowledges this is a consideration only
and does not confer the right of absolute confidentiality under EIR
legislation)

·               The fact that to reveal this information would be likely
to put the third party at a competitive disadvantage in the future against
rival developers in similar markets

 

It is the council’s assertion that the factors in favour of withholding
this very sensitive commercial information outweigh the factors in favour
of release and therefore, in accordance with Regulation 14 of the
Environmental Information Regulations 2004 this letter acts as a Refusal
Notice.

 

 

If you are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, you
should write to the Corporate Freedom of Information Manager at:

Corporate Freedom of Information Officer

The Governance Team (2^nd floor)

PO Box 64529
London

SE1P 5LX
Email: [2][Southwark Borough Council request email]

 

 

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 him within
2 months of the outcome of your internal appeal.

Further information on the Freedom of Information Act is available through
the Information Commissioner at the:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire

SK9 5AF
Telephone: 0303 123 1113
Internet: [3]www.ico.org.uk

 

 

Yours sincerely,

 

Martyna Plewniak

System Information Project Officer

 

 

 

 

 

 

The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this in error please notify us immediately. If you
are not the intended recipient of the email or the person responsible for
delivering it to them you may not copy it, forward it or otherwise use it
for any purpose or disclose its contents to any other person. To do so may
be unlawful. Where opinions are expressed in the email they are not
necessarily those of Southwark Council and Southwark Council is not
responsible for any changes made to the message after it has been sent.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D20E90.26FB5250
2. mailto:[Southwark Borough Council request email]
3. http://www.ico.org.uk/