Aylesbury estate Development Partnership Agreement

Response to this request is long overdue. By law, under all circumstances, Southwark Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Southwark Council,

I am writing to make an information request following the recent decision by the Information Commissioner, directing the disclosure of financial information relating to the redevelopment of the Aylesbury estate (ref:FS50589692).
https://ico.org.uk/media/action-weve-tak...

I am writing to request a full and unredacted copy of the Development Partnership Agreement (plus appendices) signed by the Council for the redevelopment of the Aylesbury estate on 28th April 2014.

Please note that in my previous request cited above, the Information Commissioner found that neither regulation 12(5)(e) nor regulation 12(5)(f) of the EIR applied to the financial information relating to the redevelopment, that the Council had redacted. I submit that these same findings apply to the Development Partnership Agreement and that it should therefore be made public in the interests of transparency and public accountability.

I would further note that the Development Partnership Agreement for the Heygate estate was fully published by the Council and that the disclosure of this information did not have any adverse affect on the Council or its development partner Lend Lease.

I look forward to hearing from you.

Yours faithfully,

Jerry Flynn
35% Campaign
www.35percent.org

accessinfo, Southwark Borough Council

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Regeneration, Southwark Borough Council

Southwark Council - Information request

Our reference: 679428

show quoted sections

Regeneration, Southwark Borough Council

Southwark Council - Information request

Our reference: 679428

show quoted sections

Regeneration, Southwark Borough Council

Southwark Council - Information request

Our reference: 679428

show quoted sections

Dear Ms Plewniak,

Two months have now passed since we first submitted this information request. The Council has repeatedly requested extensions to deal with the request, but the last of these promised a response by 22 September.

This is a major regeneration scheme to which over £100m in public funds has already been committed. The partnership agreement is between the Council and a non-profit housing association - there should be no need for any delay for discussion about commercial confidentiality.

Please provide a full unredacted copy of the partnership agreement without further delay.

Yours sincerely,

Jerry Flynn
35% Campaign
www.35percent.org

Plewniak, Martyna, Southwark Borough Council

1 Attachment

Link: [1]File-List

Dear Mr Flynn,

 

Re: Your request for information: 679428

Thank you for your request for information that was received on 27 July
2016 in which you requested:

I am writing to make an information request following the recent decision
by the Information Commissioner, directing the disclosure of financial
information relating to the redevelopment of the Aylesbury estate
(ref:FS50589692).

[2]https://ico.org.uk/media/action-weve-tak...

 

I am writing to request a full and unredacted copy of the Development
Partnership Agreement (plus appendices) signed by the Council for the
redevelopment of the Aylesbury estate on 28th April 2014.

 

Please note that in my previous request cited above, the Information
Commissioner found that neither regulation 12(5)(e) nor regulation
12(5)(f) of the EIR applied to the financial information relating to the
redevelopment, that the Council had redacted. I submit that these same
findings apply to the Development Partnership Agreement and that it should
therefore be made public in the interests of transparency and public
accountability.

 

I would further note that the Development Partnership Agreement for the
Heygate estate was fully published by the Council and that the disclosure
of this information did not have any adverse affect on the Council or its
development partner Lend Lease.

 

Your request has been dealt with under Environmental Information
Regulations 2004 (EIR).

Please accept our sincere apologies for the delay in responding to your
request and find our response to it attached.

 

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, you
should write to the Corporate Freedom of Information Manager at:

Corporate Freedom of Information Officer

The Governance Team (2^nd floor)

PO Box 64529
London

SE1P 5LX
Email: [3][Southwark Borough Council request email]

 

 

If you are not content with the outcome of 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: [4]www.ico.org.uk

 

 

 

Yours sincerely,

 

Martyna Plewniak

System Information Project Officer

 

 

 

 

 

 

 

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Plewniak, Martyna, Southwark Borough Council

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The email you received and any files transmitted with it are confidential,
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martyna Plewniak, Southwark Borough Council

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Dear Southwark Council,

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

I am writing to request an internal review of Southwark Borough Council's handling of my FOI request 'Aylesbury estate Development Partnership Agreement'.

The Council has failed to provide me with the information requested - indeed, much of the development partnership agreement and its appendices have been redacted.

This is very surprising, given that page 222 of the document requested entitled "Agreed Commercially Sensitive Information" sets out the information that Southwark Council and development partner Notting Hill Housing consider to be commercially confidential:

Agreed Commercially Sensitive Information
1.1 Definition of "Developer's Priority Return"
1.2 Schedule 4 in its entirety
1.3 Business Plan definitions:
1.3.1 "Developer's Priority Return"
1.3.2 "Premium"
1.4 Business Plan Section 12 in its entirety.

Given the existence of this schedule, it is very difficult to understand why the redactions made to the development agreement provided go well beyond these four items. We feel that there is no reasoned argument for the Council to continue to withhold information that both it and its development partner did not deem was commercially sensitive at the time of signing the development agreement.

For the remainder of the redacted items that are deemed commercially sensitive schedule, we continue to hold the view that the arguments in favour of disclosure clearly outweigh the arguments in favour of withholding the information. We have listed the arguments in favour of disclosure as follows:

1. Scale of the redevelopment
The Aylesbury estate is more than twice the size of the Heygate estate (EA/2013/0162). The Heygate estate redevelopment was essentially a land sale to a private multinational developer, which argued that its 'financial model' was used in projects across the world and was a 'trade secret'. The Heygate regeneration received no grant funding whatsoever.
The Aylesbury regeneration in contrast, is a partnership agreement for the redevelopment of the estate by the Council and a non-profit registered social landlord, being developed with a significant amount of both government (Estate Regeneration Fund) and GLA funding (Affordable Housing Programme). In addition, the Council has spent a considerable amount of public funds on the scheme to date £47m, and has committed a further £52m to it over the next three years alone.

2. The financial model
We dispute that the DPA contains a 'financial model'. As an interested party in the Heygate Tribunal case (EA/2013/0162), we know that the developer's financial model was a spreadsheet containing macros and formulas spanning several thousand tabs and formed the supporting background information to a viability assessment, - the information requested is a development agreement and not a viability assessment, it contains no such spreadsheet. There is no evidence to support the claim that the redacted information in schedule 4 of the DPA contains a financial model or even information relating to a financial model.

3. Re-negotiation of the DPA
The DPA was the result of an extensive public procurement process and extensive negotiations by our Council administration to secure the best possible deal for the regeneration of the estate. We were surprised and concerned when it was announced earlier this year, that terms of the agreement had been re-negotiated at the request of NHHT, and that the Council had been requested by NHHT to fund £22m of works that NHHT was originally required to fund under the agreement.

4. Secretary of State CPO decision
The recent ruling by the Secretary of State to refuse compulsory purchase orders for the regeneration scheme, as a result of the Council breaching residents' human and equalities rights, prompts the need for greater transparency and has increased public concern about the scheme in general. Disclosure of the partnership agreement will show that the Council has secured a good deal for its residents, that the agreement does make adequate provision for residents (especially leaseholders) and that the significant public investment in the scheme to date will pay off in the long run.

For your convenience we have appended a column to the schedule of redactions you provided, with our full responses to each of the redactions:
http://35percent.org/img/AylesburyDPA_sc...

We look forward to you reviewing your decision and disclosing a full undredacted copy of the DPA and its appendices without the need for referring the matter to the Information Commissioner.

l look forward to hearing from you.

Yours sincerely,

Jerry Flynn
35% Campaign
www.35percent.org

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

accessinfo, Southwark Borough Council

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Yours sincerely

 

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Southwark Council

 

 

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Chambers, Jennifer, Southwark Borough Council

3 Attachments

Southwark Council - Information request

Our reference: 679428

show quoted sections

CEXaccessinfo, Southwark Borough Council

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Southwark Council - Information request

Our reference: 679428

show quoted sections

Dear Mr Huggett,

Many thanks for your response and the further disclosures of previously redacted information.
While assembling the documents I have noticed that appendix 9, appendix 15 and sections 5,7,10,11 and 12 of the Business Plan haven't yet been disclosed under previous threads and are not listed as redacted in the table of redactions. I would be very grateful if you could send these to me at your earliest convenience.

Many thanks,

Jerry Flynn
35% Campaign
www.35percent.org

Plewniak, Martyna, Southwark Borough Council

1 Attachment

Dear Mr Flynn,

 

 

Further to the decision notice by the ICO, please find the attached
information.

 

 

 

Yours sincerely,

 

Martyna Plewniak                 

Systems Information Project Officer

 

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Dear Plewniak, Martyna,

Thank you for this information, but the ICO decision notice also requires the unredacted release of the information ref 2, ref 10, ref 11, ref 12, ref 21 and ref 27 as stated in para 2 and listed in the Annex.
I note that this information should be released to me by 29 Aug and look forward to receiving it.

Yours sincerely,
Jerry Flynn

Chambers, Jennifer, Southwark Borough Council

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The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
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If you have received this in error please notify us immediately. If you
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be unlawful. Where opinions are expressed in the email they are not
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Dear Ms Chambers

Thank you for this reply, but the Egress link https://reader.egress.com/remote.aspx/[e... address] appears to be invalid. The message received after clicking says that it is incomplete?
Yours sincerely,

Jerry Flynn

Chambers, Jennifer, Southwark Borough Council

Thank you for your email.
I am currently out of the office, and will be returning on Tuesday 29
August 2017.

If the matter is urgent, please contact Jo Anson – Head of Financial and
Information Governance
([email address])

For Freedom of Information enquiries or Subject Access Requests, please
contact [Southwark Borough Council request email].

These emails are not being forwarded.

Thank you,
Jennifer Chambers
Information Governance Manager
Office: 0207 525 5917
Email: [email address]

Website: [1]www.southwark.gov.uk
Postal Address Southwark Council PO Box 64529 London SE1P 5LX

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Doug Paulley left an annotation ()

The authority contacted us, concerned that the size of their response meant that their email system had automatically started an Egress Switch transfer.

I have manually extracted the response from the Egress Switch system. The attachments are at http://files.whatdotheyknow.com/request/... http://files.whatdotheyknow.com/request/... http://files.whatdotheyknow.com/request/... and http://files.whatdotheyknow.com/request/... .

The email was as follows:

From "Jennifer Chambers" (email address)
Cc Plewniak, Martyna
Sent 24 August 2017 16:56
Subject RE: RE: Decision Notice [Ref. FER0662249]
Attachments BP1 - Introduction_redacted.pdf (5,511 KB) BP4 Implementation Strategy - Land Assembly_redacted.pdf (251 KB) 20170522 DPA REDACTED V4_PUBLIC.pdf (2,343 KB)

Dear Mr Flynn,

Further to my colleague’s email below, please find attached;

· A schedule of redactions
Re-Redacted copies of Section 1, Section 4 and the Development Partnership agreement.

I apologise that you have not received Section 5, 7, 10, 11, 12 and Appendices 9 and 15. The council believed that these had been provided earlier in the year.

These remaining sections will be sent directly.

Yours sincerely,

Jennifer Chambers
Information Governance Manager
Floor 2, Hub 1
Office: 020 7525 5917
Email: j[email address]
Website: www.southwark.gov.uk

Chambers, Jennifer, Southwark Borough Council

Dear Mr Flynn,

Thank you for your email, I am sorry that I was out of the office when you contacted me.

As you can see from the WDTK.com page, I contacted the support team and they have very kindly extracted the email from egress. This is a known problem, and the support team have offered some advice on how we can mitigate against this. I'm afraid that I cannot offer any guarantee that this won't reoccur in future.

Yours sincerely,

Jennifer Chambers
Information Governance Manager
Floor 2, Hub 1
Office: 020 7525 5917
Email: [email address]
Website: www.southwark.gov.uk

Many thanks

Jennifer Chambers
Information Governance Manager
020 7525 5917

Dear Ms Chambers
Thank you for your reply and the information previously sent.
I still await Section 5, 7, 10, 11, 12 and Appendices 9 and 15, as promised in your e-mail of 24 Aug 2017.
I assume that items will be unredacted and look forward to receiving them shortly.
Yours sincerely,

Jerry Flynn

Chambers, Jennifer, Southwark Borough Council

Dear Mr Flynn,

 

I am sorry that I have not been able to contact you sooner regarding this
matter. I have undertaken a detailed review of all published documents,
including the redactions. This proved to be a more labour- intensive
process than I anticipated, which took longer than I had hoped.

 

In your last email (31 August 2017), you re-iterated that you had not
received copies of the following documents;

“I still await Section 5, 7, 10, 11, 12 and Appendices 9 and 15, as
promised in your e-mail of 24 Aug 2017.”

 

Section 5, Section 10 and Section 11 of the Business Plan are already
published on the whatdotheyknow.com request page, and were released,
un-redacted, on 11 October 2016.

 

Section 7 of the Business Plan and Appendix 15 of the Development
Partnership Agreement have not been previously released. Due to the size
of these files, and previous issues with Egress, I will upload them onto
Whatdotheyknow.com separately.

 

Appendix  9 of the Development Partnership Agreement, and Section 12 of
the Business Plan have not previously been published. The Council believes
that the content of these documents is substantively similar to Section 4
of the Business plan. In respect of Section 4, the ICO agreed that
Regulation 12(5)(e) is engaged and public interest favours maintaining the
exception (reference 8 on page 20 of the ICO decision notice).

 

I am not satisfied from my research that the ICO has had sight of Appendix
9 and Section 12. In light of this uncertainty, I am proposing to ask the
Information Commissioner to review these two documents, and ask for their
adjudication of whether the exemption applies.

 

When I have more information from the ICO I will update you further.

Yours sincerely,

Jennifer Chambers
Information Governance Manager
Floor 2, Hub 1
Office: 020 7525 5917
Email: [1][email address]    
Website: [2]www.southwark.gov.uk

 

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.southwark.gov.uk/

Jennifer Chambers, Southwark Borough Council

1 Attachment

Jennifer Chambers, Southwark Borough Council

1 Attachment

Chambers, Jennifer, Southwark Borough Council

1 Attachment

Dear Mr Flynn,

 

Thank you for your patience whilst the council has prepared Section 12 for
release.

 

In line with the ICO’s recommendation, I attach a redacted copy of Section
12 of the Development Partnership Agreement.

 

I appreciate that this request has not been handled in a timely manner,
and I would again like to extend our apologies.

 

Yours sincerely,

Jennifer Chambers
Information Governance Manager
Floor 2, Hub 1
Office: 020 7525 5917
Email: [1][email address]    
Website: [2]www.southwark.gov.uk

 

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.southwark.gov.uk/

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