Archery Ground application - HS/FA/24/00549
Dear Hastings Borough Council,
The officers presentation to the planning ctte for application HS/FA/24/00549 falsely claimed that the issues raised post the the publication of the officer's report to the planning ctte had been addressed. This is simply untrue.
I raised a number of issues that the officer did not address. These included
1. The fact that pre-commencement condition 17 Construction Management Plan had not been discharged and requested evidence that it had been discharged.
2. That the affordable housing contribution of 96k was not open and transparent and not supported by any estate agent valuations.
3. That the officer claimed that the police, ESCC and HBC parks and gardens were happy not to increase infrastructure contributions yet there was no evidence that these bodies had ben consulted and agreed o no increase infrastructure contributions.
4. The claim that the Armstrong judgement allowed the use of a section 73 application instead of a fresh and full application. I raised the Fiske case as an argument that this application should not have been a section 73 and asked whether legal advice had been sought.
5. The officer report stated that the application was not retrospective. Many residents stated works had begun
Please provide under FOI the following information:
1. Evidence that pre-commencement condition 17 Construction Management Plan was discharged
2. The estate agent valuations and any other correspondence concerning Affordable housing contributions
3. All correspondence relevant to the claim that ESCC, Police and HBC were happy not to increase infrastructure contributions
4. The legal advice provided that stated that Armstrong takes precedence over Fiske and that this application was valid as a section 73 application.
All correspondence concerning why HBC deemed the Armstrong judgement relevant in allowing this application to be a section 73 rather than a fresh and full application.
5. Evidence held by HBC that the works on the 5 new units had not begun and that the application is not retrospective.
Yours faithfully,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Hastings Borough Council,
Please advise when I will get a response to this FOI. It is now overdue
Yours faithfully,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Mr Hurrell
I refer to your email chasing our response to your Freedom of Information request ref: FOIR-697553477. Subject: Archery Ground application - HS/FA/24/00549.
Please accept my apologies for the delay in responding. Unfortunately, due to staff sickness and the Easter holidays your request is taking longer than anticipated, I will respond as soon as possible.
Yours sincerely
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
Dear Mr Hurrell
I refer to your recent Freedom of Information request ref:
FOIR-697553477. Please accept my apologies for the slight delay in
responding.
Please find attached our response.
Yours sincerely
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
[1][IMG]
References
Visible links
1. file:///tmp/my.hastings.gov.uk
Dear Information Officer,
Thankyou for the information supplied.
You have provided an internal email between HBC Housing Options and Development Control.
My FOI requested:
2. The estate agent valuations and any other correspondence concerning Affordable housing contributions
Can you please provide the Estate Agents quotes as referred to in this email and any other correspondence between HBC and the developer concerning affordable housing contributions as originally requested.
Yours sincerely,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Mr Hurrell
I refer to your email dated 25 April 2025.
Please see attached the majority of the correspondence requested.
The information you are requesting regarding the 3 quotations is held by Hastings Borough Council but was provided to us by a third party in confidence.
The information was given to Hastings Borough Council and specifically said ‘Given the commercial sensitivity of the information I would be grateful for these to be kept confidential’ (this email is included in the attached).
Hastings Borough Council has a duty of trust and by releasing the information would break that trust and relationship.
Hastings Borough Council contacted the third party and requested further information, asking them to provide reasons for non-disclosure.
Please see below their response:
‘As set out in the original correspondence, the information was supplied on the basis of not being publicly disclosed. This was on the basis that disclosure of the information would be likely to prejudice the commercial interests of the applicant company.
Our experience is that generally matters of development finance are submitted in the planning sphere on a confidential basis due to the competitive disadvantage that commercial development companies would be likely to be placed at if such information were to fall into the hands of competitors. In the case of Archery Road, such information being released well before the properties in question are placed on the open market would be likely to result in similar risks, for example, allowing competitors to seek to adjust their pricing with privileged advance knowledge of potential future pricing on this development.
We understand from our client that the external funder was also made aware of the valuations and fed this information into their decision making on the basis of retaining confidentiality on the sales values at the pre-marketing stage. Therefore, if the information were to enter the public domain this would risk a breach of such terms with potential contractual and financial implications for the applicant.’
Given the information was provided from a third party and clearly marked confidential, Hastings Borough Council will therefore not be releasing the 3 quotations requested.
NOTICE OF REFUSAL
Under Environmental Information Regulations the information requested above is exempt under Section 12(5)(e) ‘Confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest’
We have considered the following:
· Is the information commercial or industrial
· Is the information subject to confidentiality provided by law
· Is the confidentiality protecting a legitimate economic interest
· Would disclosure adversely affect the confidentiality
Factors for disclosure:
- Transparency and accountability
Factors against disclosure:
- Maintaining commercial confidence
- The person providing the information has not consented to disclosure
- The requested information is commercially sensitive and we have been asked to keep confidential
- Hastings Borough Council must show a degree of trust and confidence that the information given to us would damage that trust if released
Yours sincerely
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
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