Dear Oxford City Council,

1. Please provide me with a copy of the lease made between Oxford City Council and the Trustees of the Trap Grounds Allotment Association.

2. Please provide me with a copy the draft of any revised, amended or redrafted terms of lease that is currently under consideration or negotiation.

3. Please provide me with any information that explains the policy and/or desiderata of the City Council which any such amended or redrafted terms of lease is intended to meet.

4. If the City Council considers any such requested information to be exempt information, please explain precisely the reason(s) for the exemption.

Yours faithfully,

Ian Salisbury

freedomofinformation, Oxford City Council

Dear Mr Salisbury,
 
Oxford City Council – Reference: 10005
 
Thank you for your email below.  Your request was received on 1st April
2021 and you will be sent a response within 20 working days (of receipt)
in accordance with the Freedom of Information Act 2000/ Environmental
Information Regulations 2004 (EIR), subject to the information not being
exempt or containing reference to a third party.
 
The Information Commissioner’s Office (ICO) recognises the unprecedented
challenges all are facing during the coronavirus (COVID-19) pandemic.
 
In particular they understand that resources, whether they are finances or
people, may be diverted away from usual compliance or information rights
work. Whilst the ICO can’t extend statutory timescales, they will not be
penalising public authorities for prioritising other areas or adapting
their usual approach during this extraordinary period.
 
Therefore while the Council will make every effort to comply with the
Statutory Requirements you may experience understandable delays when
making information rights requests during the pandemic.
 
Yours sincerely
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 

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freedomofinformation, Oxford City Council

Dear Mr Salisbury,
 
Oxford City Council – Reference: 10005
 
Unfortunately the response to your request has been delayed. I shall
endeavour to respond to your request as soon as I receive the information
from the department.
 
Apologies for any inconvenience.
 
Kind regards
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [1][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 
_____________________________________________

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freedomofinformation, Oxford City Council

2 Attachments

Dear Mr Salisbury,
 
Oxford City Council – Reference: 10005
 
Further to the email below, it is more proper to consider your request in
accordance with the Environmental Information Regulations 2004 (EIR),
rather than the Freedom of Information Act 2000.  Therefore, I can respond
to your  EIR request received on 1^st April 2021 as follows:
 
 

 1. Please provide me with a copy of the lease made between Oxford City
Council and the Trustees of the Trap Grounds Allotment Association.

 
Please see attached a copy of the lease from 1994. Personal information
has been redacted in accordance with the Data Protection Act 2018,please
see exemption below.
 
2.  Please provide me with a copy the draft of any revised, amended or
redrafted terms of lease that is currently under consideration or
negotiation.
 
We do not currently have a draft as we are trying to agree a template new
lease for all the allotment sites and have not  got to the stage of
tailoring to each site   yet.
 
 
3. Please provide me with any information that explains the policy and/or
desiderata of the City Council which any such  amended or redrafted terms
of lease is intended to meet.
 
      We are seeking to agree a new template because the current leases
are about to expire not because of any policy.
 
4.  If the City Council considers any such requested information to be
exempt information, please explain precisely the reason(s) for the
exemption.
Please see exemption regarding the personal information that has been
redacted.
 
Under Regulation 5 (1) of the EIR I can confirm that the Council does hold
the names/addresses and amounts paid, however, the Council considers that
the comments contains personal information and  I therefore consider that
exception under Regulation 13(1) of the EIR is engaged.
 
13.— Personal data
 
(1)  To the extent that the information requested includes personal data
of which the applicant is not the data subject, a public authority must
not disclose the personal data if—
(a)  the first condition is satisfied, or
(b)  the second or third condition is satisfied and, in all the
circumstances of the case, the public interest in not disclosing the
information outweighs the public interest in disclosing it.
 
 
(2A)  The first condition is that the disclosure of the information to a
member of the public otherwise than under these Regulations—
(a)  would contravene any of the data protection principles, or
(b)  would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
disregarded.
(2B)  The second condition is that the disclosure of the information to a
member of the public otherwise than under these Regulations would
contravene—
(a)  Article 21 of the GDPR (general processing: right to object to
processing), or
(b)  section 99 of the Data Protection Act 2018 (intelligence services
processing: right to object to processing).
 
(3A)  The third condition is that—
(a)  on a request under Article 15(1) of the GDPR (general processing:
right of access by the data subject) for access to personal data, the
information would be withheld in reliance on provision made by or under
section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act
2018,
(b)  on a request under section 45(1)(b) of that Act (law enforcement
processing: right of access by the data subject), the information would be
withheld in reliance on subsection (4) of that section, or
(c)  on a request under section 94(1)(b) of that Act (intelligence
services processing: rights of access by the data subject), the
information would be withheld in reliance on a provision of Chapter 6 of
Part 4 of that Act.
(5A)  For the purposes of this regulation a public authority may respond
to a request by neither confirming nor denying whether such information
exists and is held by the public authority, whether or not it holds such
information, to the extent that—
(a)  the condition in paragraph (5B)(a) is satisfied, or
(b)  a condition in paragraph (5B)(b) to (e) is satisfied and in all the
circumstances of the case, the public interest in not confirming or
denying whether the information exists outweighs the public interest in
doing so.
(5B)  The conditions mentioned in paragraph (5A) are—
(a)  giving a member of the public the confirmation or denial—
(i)  would (apart from these Regulations) contravene any of the data
protection principles, or
(ii)  would do so if the exemptions in section 24(1) of the Data
Protection Act 2018 (manual unstructured data held by public authorities)
were disregarded;
(b)  giving a member of the public the confirmation or denial would (apart
from these Regulations) contravene Article 21 of the GDPR or section 99 of
the Data Protection Act 2018 (right to object to processing);
(c)  on a request under Article 15(1) of the GDPR (general processing:
right of access by the data subject) for confirmation of whether personal
data is being processed, the information would be withheld in reliance on
a provision listed in paragraph (3A)(a);
(d)  on a request under section 45(1)(a) of the Data Protection Act 2018
(law enforcement processing: right of access by the data subject), the
information would be withheld in reliance on subsection (4) of that
section;
(e)  on a request under section 94(1)(a) of that Act (intelligence
services processing: rights of access by the data subject), the
information would be withheld in reliance on a provision of Chapter 6 of
Part 4 of that Act.
 
(6)  In determining for the purposes of this regulation whether the
lawfulness principle in Article 5(1)(a) of the GDPR would be contravened
by the disclosure of information, Article 6(1) of the GDPR (lawfulness) is
to be read as if the second sub-paragraph (disapplying the legitimate
interests gateway in relation to public authorities) were omitted.
 
If you disagree with any part of the response to your request, you are
entitled to ask the Council for an internal review of the decision(s)
made.  You may do this by writing to the Monitoring Officer, by either
email – [1][email address] – or by post to Monitoring Officer, Oxford
City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS.  After
the result of the internal review, if you remain dissatisfied, you may ask
the Information Commissioner to intervene on your behalf.  You may do this
by writing to the Information Commissioner's Office, Wycliffe Lane,
Wilmslow, Cheshire, SK9 5AF.
 
Yours sincerely
 
Kathryn Winfield
Information Governance Requests Officer
 
Kathryn Winfield | Information Governance Requests Officer | Oxford City
Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [2][email address] | T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 
_____________________________________________

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Dear freedomofinformation,

Thank you very much for providing this information.

Yours sincerely,

Ian Salisbury