Dear Kent County Council,

We, from 15 groups** that form the Cliftonville & Margate Future's Group ie Residents' Associations, business groups and other community organisations, are writing to request information about your funding of the following organisations or projects. Specifically, we would like to know

12-15 Cliff Terrace, Margate
1. Has any money from TDC funds been given to any owners / developers of this building since 2005 and, if so:
2. What is the total amount of the money given?
3. What were the conditions under which the money was given and have the recipients of the money complied with those conditions?
4. How has that compliance been verified by KCC officers?
5. What action has been taken, or is to be taken, if the recipients have not complied with the conditions of the funding?
6. Is the building occupied or empty?
7. Does the building have sign-off in terms of building regulations and planning?
8. What was the result of the official complaint from the TDC conservation architect, Nick Dermott, regarding the decision to grant planning permission - Listed Building Application: L/TH/07/1527 http://margatearchitecture.blogspot.com/...

Our preferred format to receive this information is by electronic means. If one part of this request can be answered sooner than others, please send that information first followed by any subsequent data. If you need any clarification of this request please feel free to email me. If FOI requests of a similar nature have already been asked could you please include your responses to those requests.

Many public authorities release their contracts with private vendors in line with the Freedom of Information Act. The exemption for commercial interest under the Act (section 43) is a qualified exemption, which means information can only be withheld if it is in the public’s interest. The public have an interest in knowing the terms of contracts and grants awarded by public authorities, whether or not public money changes hands immediately.

If you are relying on section 41 (the exemption for legal breach of confidence) then we would like to know the following:
• When these confidentiality agreements were agreed
• All correspondence and email in which these confidentiality agreements were discussed.
• The precise wording of the confidentiality agreements

We ask these questions because guidance issued by both the Lord Chancellor (draft guidance on FOI implementation) and the Office of Government Commerce (Model terms and conditions for goods and services) specifically state that public authorities should not enter into these types of agreements. They go directly against the spirit of the laws of disclosure. We would also point to the Information Commissioner’s guidance on accepting blanket commercial confidentiality agreements: ‘Unless confidentiality clauses are necessary or reasonable, there is a real risk that, in the event of a complaint, the Commissioner would order disclosure in any case.’

Finally, within the law of confidence there is also a public interest test. Therefore, the information should be disclosed in full. If any parts are redacted they must be for information that can be proven to be a legal breach of confidence in court, and only then where secrecy can be shown to be in the public interest. These are difficult positions to argue when public money is at stake or where a public authority is offering a private company a monopoly to charge its stakeholders.

We would be grateful if you could confirm, in writing, that you have received this request, and we look forward to hearing from you within the 20-working day statutory time period.

Regards

Cliftonville & Margate Future's Group

** Arlington House Residents' Association, Cliftonville Partnership, Cliftonville Residents Assoc, DAAG, Dalby Sq Project, Dane Valley Woods, Godwin Rd, GRASS, Grotto Hill, Hawley Square, Margate Civic Society, Old Town Action Group, Senior Citizens’ Forum, SRAAG, St Paul’s Community Centre

Dear Kent County Council,

FOI/10/0747 - 12-15 Cliff Terrace, Margate

Our apologies - a typing error! The questions should read

1. Has any money from KCC funds been given to any owners / developers of this building since 2005 and, if so:

2. What is the total amount of the money given?

3. What were the conditions under which the money was given and have the recipients of the money complied with those conditions?

4. How has that compliance been verified by KCC officers?

5. What action has been taken, or is to be taken, if the recipients have not complied with the conditions of the funding?

We understand the developer of 12-15 Cliff Terrace, Margate could be
Ward Renovation and Construction Ltd
Binbrook Lodge
Kingsgate Bay Road
CT10 3QL

We understand the owner could be
Mr F Houghton
54 Clarence Avenue
Margate
CT9 3DR

If these are not correct, we understand that KCC's "No Use Empty" funds may have been accessed for this project. So you may find the accurate information in your relevant files.

Many thanks

Cliftonville & Margate Future's Group

Dear Kent County Council,

Thank you for your reply.

We would like clarification that the building was not included in the KCC administered No Use Empty scheme. Press releases issued by Margate Renewal Partnership in May 2008 and TDC in November 2008 stated that the building was a success of this scheme. Please can you clarify why there seems to be a possible discrepancy in this information.

Yours faithfully,

Cliftonville & Margate Future's Group

Dear Kent County Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Kent County Council's handling of my FOI request '12-15 Cliff Terrace, Margate - funding'.

We would like clarification that the building was not included in
the KCC administered No Use Empty scheme. Press releases issued by
Margate Renewal Partnership in May 2008 and TDC in November 2008
stated that the building was a success of this scheme. Please can
you clarify why there seems to be a possible discrepancy in this
information.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/12...

Yours faithfully,

Cliftonville & Margate Future's Group