Appointment of Moirai Capital Investments

Waiting for an internal review by East Devon District Council of their handling of this request.

Dear East Devon District Council,

29th October 2015

Dear East Devon District Council,

I would like to make a formal request under the Freedom of
Information Act 2000. I am also making this Request under the
Environmental Impact Regulations 2004.

I note EDDC appointed Moirai Capital Investments as their preferred developer for The Splash Queens Drive Exmouth, and according to an EDDC spokesperson they were one of seven organisations who applied.

I request that you state what information you hold in relation to the relationship between yourselves and Moirai Capital Investments to include information on the decision to select Moirai in respect of the Queen's Drive, Exmouth including, but not limited to:
1. Bid documentation provided to prospective bidders;
2. Process for and criteria for selection of successful bidder;
3. Number of organisations who expressed an interest in bidding;
4. Number of organisations who submitted a bid;
5. Names of organisations who submitted a bid;
6. Minutes of meetings and correspondence on the subject.

Information you hold should include any and all dealings or
correspondence between Moirai and EDDC, and any intermediary, to include written
reports, emails, officer's notes,dates and details of meetings and minutes.
If no minutes were taken at any meeting please provide an
explanation as to why no record of the meeting was kept.

Please provide a copy of the contract between EDDC and Moirai.

Please provide details of any and all activities undertaken by EDDC to familiarise any council members or other interested parties, with past projects of Moirai

Yours faithfully,

tim todd

East Devon District Council

Thank you for submitting a request for information. We will respond to your request as quickly as possible, within the 20 working day statutory deadline under the Freedom of Information Act 2000.

For updates on this case, please quote your unique reference number 101000423409 .

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East Devon District Council
Web: www.eastdevon.gov.uk

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Dear East Devon District Council,

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

I am writing to request an internal review of East Devon District Council's handling of my FOI request 'Appointment of Moirai Capital Investments'.

Despite your written assurance that this would be dealt with in the time frame permitted by the relevant law, no response has been forthcoming.

Please provide an answer promptly.

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

Yours faithfully,

tim todd

East Devon District Council

Dear Mr Todd,

Thank you for your request for information. I am very sorry for the delay in responding to this request which is due to relevant officers being tied up with other matters at the moment. I am now able to provide some of the requested information and further detail will follow as soon as possible. I am aware that you have already requested an internal review into the delay in responding to your request and this is also being dealt with. In the meantime, please find information in response to some of your questions below:

You asked: I request that you state what information you hold in relation to the relationship between yourselves and Moirai Capital Investments to include information on the decision to select Moirai in respect of the Queen's Drive, Exmouth including, but not limited to:
1. Bid documentation provided to prospective bidders; 2. Process for and criteria for selection of successful bidder; 3. Number of organisations who expressed an interest in bidding; 4. Number of organisations who submitted a bid; 5. Names of organisations who submitted a bid; 6. Minutes of meetings and correspondence on the subject.

The marketing brochure which was provided to prospective bidders will be provided to you under separate cover as soon as possible.

See the cabinet report of April 2014 for details about the selection criteria. http://eastdevon.gov.uk/media/131887/cab...

The number who submitted a bid was 7. Some of these were for part of the site only.

There are no minutes of meetings in relation to the bids received.

There are no minutes of meetings held between Moirai and the Council.

There is no contract between the Council and Moirai at this point in time.

The Council's agent has undertaken due diligence in relation to Moirai Capital Investments and spoken to other parties that have worked with Moirai and met with their solicitor.

I hope this information is helpful and will provide further detail as soon as possible.

Regards

Kate

Kate Symington
Information and Complaints Officer
East Devon District Council

01395 517417
www.eastdevon.gov.uk

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Kate Symington, East Devon District Council

2 Attachments

Good morning Mr Todd

 

With apologies for the delay. Please find attached the marketing brochure
for development at Queens Drive. I am sorry this was not included with our
previous response. I am aware that the quality of this document is not
very good and, if you have problems reading it, please let me know and I
will arrange for a hard copy to be posted to you or to be made available
for your collection.

 

You also asked for the names of the organisations who submitted a bid for
this work having been provided already with the number of organisations
involved. In considering your request we have contacted the other
organisations who submitted a bid and they have confirmed our view that
this detail, at this point in time, is commercially confidential to them.
We are therefore withholding this detail under Regulation 12(5)(e) of the
Environmental Information Regulations.

 

I am sorry that these two points were not responded to as part of our
earlier response and trust this now concludes your request for
information.

 

Should you feel dissatisfied with our response to your request, please
contact our Monitoring Officer at [1][email address] to
request an internal review.

 

You may also approach the Information Commissioner for advice.

 

Regards

 

Kate

 

Mrs Kate Symington

Information and Complaints Officer

East Devon District Council

 

01395 517417

www.eastdevon.gov.uk

 

References

Visible links
1. mailto:[email address]

Dear Kate Symington,

Thank you for your email.

You are correct, the quality of the images is not very good, indeed most of the content is completely illegible.
I would wish to take advantage of your offer to send copies by post.

Henry Gordon Lennox , and others, will have my address.
Yours sincerely,

tim todd

Kate Symington, East Devon District Council

That's fine Mr Todd. I have put them in the post for you.

Regards

Kate

Mrs Kate Symington
Information and Complaints Officer
East Devon District Council

01395 517417
www.eastdevon.gov.uk

show quoted sections

Dear Kate Symington,

Thank you, received this morning.

Yours sincerely,

tim todd

Dear Kate Symington,

Recent information from East Devon District Council has cast doubt upon the accuracy of a previous reponse to this request.

In the initial answer given to the question about how many bids were recieved, the answer given is "The number who submitted a bid was 7. Some of these were for part of the site only."

In the 'questions and answers' recently published by EDDC and relating to Queens Drive it says "....They carried out accompanied viewings with six firms. Following this exercise, the front part of the site was identified as being suitable for a Watersports Centre. In March 2013, three proposals for the remained of the site were considered and the council identified the preferred proposal........"

These two sets of answers appear to contradict one another.

Will you please arrange for urgent clarification on this matter. How many firms applied with applications for formal consideration and precisely what elements of Queens Drive Exmouth did their applications relate to.

If the initial reply to my FOI was factually incorrect then please ask the provider of that reply for an explanation for the discrepancy.

Please treat this as a formal review request.

Yours sincerely,

tim todd

Dear East Devon District Council,

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

I am writing to request an internal review of East Devon District Council's handling of my FOI request 'Appointment of Moirai Capital Investments' in the following matter (in addition to those already notified)

In respect of the exemption claimed under S 12. 5(e) of the Environmental Information Regulations I challenge your decision to apply the exemption.

I do not believe that your claim will meet the test adopted by the Information Rights Tribunal in Bristol City Council and Portland and Brunswick Squares Association (EA/2010/0012, 34th May 2010) which stated that all four of the following elements are required in order for the exemption to be engaged:
 The information is commercial or industrial in nature.
 Confidentiality is provided by law.
 The confidentiality is protecting a legitimate economic interest.
 The confidentiality would be adversely affected by disclosure.

Had either of the unamed developers won through their identity would have become public knowledge as was the case for Moirai the chosen partner.

That one may be a loser would not seem to be a valid reason to withold information.

You provide no explanation for there being a legitimate economic interest, nor that their interests outweigh the public interest. The law requires that a public authority shall apply a presumption in favour of disclosure

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

Yours faithfully,

tim todd

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