Artangel Heygate Artwork & Southwark Council

The request was partially successful.

Dear Southwark Borough Council,

I am writing to request copies of all communications (letters, emails etc) from The Council (officers and councillors) regarding details of any and all communications between Artangel and Southwark Council in regard to the proposed Mike Nelson artwork to be created on Heygate Estate.

This artwork was the subject to a planning permission application that was submitted to Southwark Planning in October 2013 Reference Number: 13/AP/3668

Weblink here:

http://planningonline.southwark.gov.uk/A...

The proposed project was cancelled by Southwark Council on 20th Dec 2013 without the Planning Permission Application being decided upon.

Yours faithfully,

Chris Morris

Wannop, Laura, Southwark Borough Council

Dear Chris Morris,

Re: Your request for information: 354643

Thank you for your request for information that was received on 30
December 2013 in which you requested:

I am writing to request copies of all communications (letters, emails etc)
from The Council (officers and councillors) regarding details of any and
all communications between Artangel and Southwark Council in regard to the
proposed Mike Nelson artwork to be created on Heygate Estate.

This artwork was the subject to a planning permission application that was
submitted to Southwark Planning in October 2013 Reference Number:
13/AP/3668

Weblink here:

[1]http://planningonline.southwark.gov.uk/A...

The proposed project was cancelled by Southwark Council on 20th Dec 2013
without the Planning Permission Application being decided upon.

Your request is being dealt with under the Freedom of Information Act 2000
and you will receive a response within 20 working days of the date that we
received your request.

If the information you requested contains reference to a third party then
they may be consulted before a decision is taken on whether or not to
release the information to you.  You will be informed if this is the case.

The Act defines a number of exemptions that may restrict the release of
the requested information.  There will be an assessment and if any of the
exemption categories apply then the information may not be released.  You
will be informed if this is the case, including your rights of appeal.

The information provided will be in English, normal font size.  If you
require alternative formats, e.g. other language, audio, large print, etc.
please notify us.

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: [2]www.ico.org.uk

Kind regards,
Laura Wannop

Departmental coordinator
Chief executive's department
5th floor, hub 4
PO Box 64529, London SE1P 5LX
160 Tooley Street, London SE1 2QH

[3]www.southwark.gov.uk/regeneration

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. http://planningonline.southwark.gov.uk/A...
2. http://www.ico.org.uk/
3. file://www.southwark.gov.uk/regeneration

Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 354643

show quoted sections

Plewniak, Martyna, Southwark Borough Council

Dear Chris Morris,

Re: Your request for information: 354643

Thank you for your request for information that was received on 30
December 2013 in which you requested:

I am writing to request copies of all communications (letters, emails etc)
from The Council (officers and councillors) regarding details of any and
all communications between Artangel and Southwark Council in regard to the
proposed Mike Nelson artwork to be created on Heygate Estate.

In response to your request, I am able to confirm the following:

 1. I can confirm we hold information in relation to your request, however
having now fully considered the first question we have estimated that
it will cost more than the appropriate limit to respond.  The
appropriate limit is specified in regulations and for local government
is set at £450.  This represents the estimated cost of one person
spending 18 hours in determining whether we hold the information, and
locating, retrieving and extracting the information.  Consequently, we
are not obliged by the Freedom of Information Act 2000 to respond to
your request (see section 12(1)). 

If you are able to narrow the scope of your request, we may be able to
provide the information as it would cost less than the appropriate limit
to do so.  For instance if you provide a specific period you would like us
to review the all correspondence   for, or if there is a particular
subject matter discussed within the correspondence.  Please note, any
reformulated request we receive from you will be treated as a fresh FOI
request.

Therefore, in accordance with section 17 of the Freedom of Information Act
2000 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, please
write to the:

Corporate Freedom of Information Manager
Financial & Information Governance team (2^nd Floor)
PO Box 64529
London
SE1P 5LX
Email: [1][Southwark Borough Council request email]

If you are not content with the outcome 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: [2]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. mailto:[email address]
2. http://www.ico.org.uk/

Dear Plewniak, Martyna,

Thank you for your reply and outline of the situation.

It does seem somewhat incredulous that within the limits of £450 or 18 hours of work of 'determining whether we hold the information, and locating, retrieving and extracting the information', the information I am seeking cannot be found.

I presume there are only one or two contacts at Artangel dealing with this matter with Southwark Council and only a few departments within the Council in conversation with Artangel. Finding these emails or letters cannot possibly take more than 18 hours of work. I am wondering whether these limits to FOI are being used to make it more difficult to access information from the Council. I hope not.

So be it.

I would be happy for the Council to consider a new FOI request on this matter from me in more restricted search terms.

My new request would be as follows.

Please can the Council release copies of all correspondence between itself (any department) and Mr Rob Bowman from Artangel in relation to the cancelled Artangel public art project planned for Heygate Estate site between the dates June 2013 and January 2014.

Yours sincerely,

Chris Morris

Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 366340

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Dear Planning,

Just a nudge as the request is now over the 20 days.

Yours sincerely,

Chris Morris

Wannop, Laura, Southwark Borough Council

Dear Chris Morris
Re: Your request for information: Ref No. 366340
Thank you for your request for information that was received on 5 February
2014 in which you requested:
Please can the Council release copies of all correspondence between itself
(any department) and Mr Rob Bowman from Artangel in relation to the
cancelled Artangel public art project planned for Heygate Estate site
between the dates June 2013 and January 2014.

I can confirm that we do hold information in relation to your request.
The Freedom of Information Act obliges us to respond to requests promptly
and in any case no later than 20 working days after receiving your
request. In this case, I regret that we must extend the time limit for
responding by 20 days because of the volume of information held and the
need to fully consider the public interest test in applying any
exemptions. Therefore, you will have a response by no later than 2 Apr
2014.

If you have any queries or concerns then please contact us using the above
details.
Further information 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: [1]www.ico.org.uk
Kind regards,
Laura Wannop
Departmental coordinator
Chief executive's department
5th floor, hub 4
PO Box 64529, London SE1P 5LX
160 Tooley Street, London SE1 2QH

[2]www.southwark.gov.uk/regeneration

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. http://www.informationcommissioner.gov.uk/
2. file://www.southwark.gov.uk/regeneration

Dear Wannop, Laura,

Thanks

I await your reply with patience.

Yours sincerely,

Chris Morris

Dear Wannop, Laura,

Just a reminder that this request is now overdue. Please let me know of the current state of things

Yours sincerely,

Chris Morris

Wannop, Laura, Southwark Borough Council

Dear Chris Morris,

Unfortunately the council is still considering the application of
exemptions in relation to this request. As the information relates to a
third party we are also seeking their comments in relation to the
proposed response. I hope to have a full response for you early next
week and no later than Fri 11 Apr, please accept my apologies for the
further delay in providing a response.

Kind regards,
Laura

show quoted sections

Wannop, Laura, Southwark Borough Council

3 Attachments

Dear Chris Morris,

Re: Your request for information: 366340

Thank you for your request for information that was received on 5 February
2014 in which you requested:

Please can the Council release copies of all correspondence between itself
(any department) and Mr Rob Bowman from Artangel in relation to the
cancelled Artangel public art project planned for Heygate Estate site
between the dates June 2013 and January 2014.

Please accept my apology for the delay in providing the response to your
request.
Below is the correspondence between council officers and the named party
as requested.

<<Emails part 1 - redacted S40 & S21.pdf>> <<Emails part 2 - Redacted S40
& S21.pdf>> <<Emails part 3 - Redacted S40 & S21.pdf>> <<Emails part 4 -
Redacted S40 & S21.pdf>> <<Emails part 5 - Redacted S40 & S21.pdf>>

Please note there are the following omissions and redactions within the
information attached:

        The following documents were listed as attachments in various
emails however, as they were in draft form and intended for final
submission as part of the formal planning application, they have not been
included within the documents attached.  The documents are:

Site plans (Part 1: pages 6 & 14), red line plan (Part 4: page 13 & Part
5: page 42), boundary plan (Part 4: page 11 & Part 5: page 44), design
and access statement (Part 2: page 11 and Part 5: pages 14 and 19),
planning application (Part 2: page 12), planning statement (Part 3: page
8) and the cover letter (Part 5: page 16) for planning submission.

These have been withheld in accordance with Section 21 where information
is reasonably accessible to you.  In this instance, I can confirm that all
documents in relation to the planning application were formally submitted
to the council and are able to be viewed online at:
[1]http://planningonline.southwark.gov.uk/A...

 
ii.     In addition to this information, there are two instances of a
draft licence also withheld in accordance with Section 21 as the final
agreed licence is included within the attached documents at Part 3: pages
14-19. 

iii.    Furthermore, information has been redacted in accordance with
Section 40 – personal information, where information may lead to
individuals being identified – this includes names of people external to
the council and where the number of people involved or referred to is very
small and therefore individuals are easily able to be identified.

iv.     In addition to the Section 40 redactions, there are also six
redactions (Part 1: pages 21, 22 & 25, Part 2: pages 6, 7, 16, 18 & 19,
Part 4: pages 8, 9 & 26, Part 5: pages 5, 35 & 36) in relation to
information outside the scope of this request.  i.e. where the email
exchange is not between the council and the named party.

v.      And finally, in accordance with Section 43 – commercial interests,
the following information is redacted: Part 2: pages 2, 16, Part 3: page
5, Part 4: pages 12 & 15 and Part 5: pages 4 & 5.

Section 43 (2) of the 2000 Act provides an exemption if disclosure of the
information would or would be likely to prejudice the commercial interests
of any person (including the public authority holding it). In this
instance it is the council’s assertion that to release this information
would be likely to prejudice any future negotiations the third party are
likely to enter in to.

Section 43(2) is an exemption available in the 2000 Act subject to the
public interest test. Factors in favour of disclosing the information
include:

* The presumption in favour of disclosure within the Act
* The presumption of openness and transparency in negotiations and
business transactions involving the council and when dealing with
public monies

However factors in favour of maintaining the exemption include:
* The specific sentences / values redacted relate to a commercial
approach that if released may influence future competitive
negotiations
* The fact that the sentences / values redacted relate specifically to a
third party and their dealings with other parties – their views were
sought and they have requested this information be withheld (please
note, the council acknowledges that this is a consideration only
however the final decision on whether to release the information lies
with the council)
* The fact that the discussions were never finalised
* The fact the monies involved are not public monies
* The fact that this relates to information provided in confidence and
on the understanding that it would not be released to the public

The council has considered all factors in relation to these few sentences
/ values and asserts the exemption under Section 43 (2) should be
maintained as the public interest in favour of maintaining the exemption
outweighs the public interest in disclosing the information. 

Therefore, in accordance with 17 of the Freedom of Information of Act 2000
this letter acts as a Refusal Notice for the few sentences and values as
stated above.

You are free to use the information provided for your own purposes,
including any   non-commercial research you are doing and for the purposes
of news reporting.   Any other re-use, for example commercial publication,
requires the permission of the copyright holder. 

You may apply for permission to re-use this information by submitting a
request to [2][Southwark Borough Council request email]; you can find details on these
arrangements at [3]http://www.southwark.gov.uk/YourCouncil/...
Detailed advice about the Reuse of Public Sector Information Regulations
(PSI) 2005 is available from the Office of Public Sector Information at:
[4]http://www.opsi.gov.uk/advice/index.htm.

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to:

Corporate Freedom of Information Officer
Communities, Law & Governance Department
PO Box 65429
London SE1 5LX
Email: [5][Southwark Borough Council request email]

If you are not content with the outcome 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: [6]www.ico.org.uk

Kind regards,
Laura Wannop

Departmental coordinator
Chief executive's department
5th floor, hub 4
PO Box 64529, London SE1P 5LX
160 Tooley Street, London SE1 2QH

[7]www.southwark.gov.uk/regeneration

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. http://planningonline.southwark.gov.uk/A...
2. mailto:[Southwark Borough Council request email]
3. http://www.southwark.gov.uk/YourCouncil/...
4. http://www.opsi.gov.uk/advice/index.htm
5. mailto:[email address]
6. http://www.ico.org.uk/
7. file://www.southwark.gov.uk/regeneration

Dear Wannop, Laura,
Thanks for the documents.

I was only able to view Document PDF 1 online and in Acrobat. Documents 2 and 3 didn't open online nor in a few PDF readers. Can you check that they are working please.

Yours sincerely,

Chris Morris

Wannop, Laura, Southwark Borough Council

1 Attachment

Dear Chris,

That is odd as all attachments appear to be opening without any difficulty.
Was it just the second and third attachments? Or all attachments after the first?

I can try attaching them individually, perhaps that might work? Attached to this email is part 2.

Please do let me know if this works and I will send through the rest of the documents.

Kind regards,
Laura

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Dear Wannop, Laura,

Thanks for that. Yes I can open the 2nd document now from the new one you just sent.

Can you send the 3rd one please.

Yours sincerely,

Chris Morris

Wannop, Laura, Southwark Borough Council

1 Attachment

Dear Chris,

Great, glad that worked. Please find attached the part 3 document.

Regards,
Laura

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Dear Wannop, Laura,

Thank you I was able to open Document 3. That's great.

I notice that the emails you have sent between Rob Bowman, the co-ordinator of this project at Artangel and officers at The Council end on Dec 4th 2013. My request was for communications up to End of Jan 2014.

As the project was cancelled by the Council on Dec 20th 2013, I find it odd that there are no more communications re: this public artwork. In the last few weeks between 4th Dec and 20th Dec the sudden decision by the Council to cancel the project must have caused some communications between both parties esp as the project was set to go very soon after Xmas in 2014. My assumption is that there would be more communication.

Are you certain that this is the final email on the subject in the time period I requested?

If there are no further emails between Mr Bowman and Council Officers, I would consider a further FOI request for communications between Council staff and Artangel for the period 4th Dec 2013 until 31st January 2014.

Should I do this in a new FOI or would you take this new request as part of this ongoing request subject to new time requirements on behalf of the council to source the information required?

Yours sincerely,

Chris Morris

Wannop, Laura, Southwark Borough Council

Dear Chris,

Thank you for your email.

All emails held have been provided for the dates in the original
request, so even if submitted as another FOI request, there would be no
further information to provide.
There were five attachments in total, reviewing Part 4 shows emails
dated after 4 December including the final email exchange dated 6 Jan
2014 and part 5 includes an email dated 9 Jan 2014. Unfortunately part
5 is not in chronological order.

Were you able to open part 4 and part 5 of the attachments? If not,
I'll be happy to attach them again.

Kind regards,
Laura

show quoted sections

Dear Wannop, Laura,

Thanks for your reply. Some confusion seems to be reigning. I can't see Parts 4 and 5 on the replies you have sent so far on this site. I have only so far been able to see and read Parts 1,2 and 3 in any of your replies

Yours sincerely,

Chris Morris

Wannop, Laura, Southwark Borough Council

Thank you for your email.

I am now on leave until Wed 23 Apr and emails will not be picked up in my
absence.  If your query is urgent, please contact Martyna Plewniak on
[email address]
   
If you are requesting information under the Freedom of Information Act,
Data Protection Act or Environmental Information Regulations from the
council, please resend your original email to [Southwark Borough Council request email]

Should you require advice regarding an Access to Information request
please call the records manager on 020 7525 7511

Many thanks
Laura Wannop

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.

Wannop, Laura, Southwark Borough Council

2 Attachments

Dear Chris,

There were five parts to the emails attached in the original response.
I've attached them again here, hopefully you are able to view these.

Please do let me know if you're not able to view the contents.
Many thanks
Laura

show quoted sections

Dear Wannop, Laura,

Many thanks for the digest of emails between the Council and Artangel for the period I asked for.

My concern has always been to source from the Council's own communications with Artangel the reason why it pulled out from proposed public art work at the last minute, on or around Dec 20th 2013. Up until that point, there was no suggestion that the Council were hesitant to follow through with the project. The emails you released show quite clearly that no problem had arisen until the sudden cancellation. What the emails do not include (and I was suprised by this)is any mention of the cancellation of the project by the council.

Can you advise me on whether we can continue with this search via this FOI request for this reason or shall I make a new FOI request.

The request (or new request) would be:

Can the Council provide me with any communication between itself and Artangel in relation to the proposed public artwork on Heygate estate site that deals with the reasons for the council's cancellation of the project in the time period of 14th Decemeber 2013 to 10th January 2013.

Or more simply can the Council provide me with the reason why they cancelled their consent for the Artangel public art piece planned for Heygate estate site in Dec 2013? I would like this reason to include statements of the cancellation from any communications made between the council and Artangel.

Yours sincerely,

Chris Morris

Dear Wannop, Laura,

I am resending this email to you from June 3rd 2014. It contains a question re: a new FOI request from me and whether it can be a continuation of this thread or needs to be an entirely new request:

'Dear Wannop, Laura,

Many thanks for the digest of emails between the Council and Artangel for the period I asked for.

My concern has always been to source from the Council's own communications with Artangel the reason why it pulled out from proposed public art work at the last minute, on or around Dec 20th 2013. Up until that point, there was no suggestion that the Council were hesitant to follow through with the project. The emails you released show quite clearly that no problem had arisen until the sudden cancellation. What the emails do not include (and I was surprised by this)is any mention of the cancellation of the project by the council.

Can you advise me on whether we can continue with this search via this FOI request for this reason or shall I make a new FOI request.

The request (or new request) would be:

Can the Council provide me with any communication between itself and Artangel in relation to the proposed public artwork on Heygate estate site that deals with the reasons for the council's cancellation of the project in the time period of 14th December
2013 to 10th January 2013.

Or more simply can the Council provide me with the reason why they cancelled their consent for the Artangel public art piece planned for Heygate estate site in Dec 2013? I would like this reason to
include statements of the cancellation from any communications made between the council and Artangel".

Yours sincerely,

Chris Morris

Dear Wannop, Laura,
I have not heard from you re: my questions re: a possible new FOI request or a continuation of the old one: No: 366340 since June 2014.

I have today sent in a new FOI request to Southwark dealing with my unanswered questions from the older FOI request.

Yours sincerely,

Chris Morris

Wannop, Laura, Southwark Borough Council

Thank you for your email.

I am now on leave until Mon 21 Jul and emails will not be picked up in my
absence. If your email is urgent, please contact Lillian John on
[email address]
   
If you are requesting information under the Freedom of Information Act,
Data Protection Act or Environmental Information Regulations from the
council, please resend your original email to [Southwark Borough Council request email]

Should you require advice regarding an Access to Information request
please call the records manager on 020 7525 7511

Many thanks
Laura Wannop

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.

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