Dear Juliet Ferguson 

ENVIRONMENTAL INFORMATION REGULATIONS 2004 – INFORMATION REQUEST - REF NO
- FOIS3106 (please quote in correspondence) 

I acknowledge your request for information under the Environmental
Information Regulations 2004 dated 14/03/2023

Your request is being considered and if this information is held you will
receive the information requested within the statutory timescale of 20
working days as defined by the EIR 2004, subject to the information not
being exempt or containing a reference to a third party.

Information may be provided in paper copy, normal font size (12 pt) or
verbally if you prefer, subject to any exemptions being applied.  If you
have not specified how you wish to receive the information, we will choose
the most appropriate format. For your information, the Regulation defines
a number of exemptions which may prevent release of the information you
have requested. There will be an assessment and if any of the exemption
categories apply then the information will not be released. You will be
issued a Refusal Notice, if this is the case, and advised of your right to
appeal. 

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

There may a fee payable for this information. This will be considered and
you will be informed if a fee is payable. In this event the fee must be
paid before the information is processed and released. The 20 working day
time limit for responses is suspended until receipt of the payment.

Please be advised that in line with London Borough of Sutton’s commitment
to transparency, in due course an anonymous copy of your request and our
response may be published on our website. 

Yours sincerely

FOI Team

London Borough of Sutton
[1]www.sutton.gov.uk

The information contained in this message is confidential. It is intended
solely for the use of the individual or entity to whom it is addressed and
others authorised to receive it. If the reader of this message is not the
intended recipient, you are hereby notified that any use, copying,
dissemination or disclosure of this information is strictly prohibited.

show quoted sections

Dear Juliet Ferguson,

FREEDOM OF INFORMATION ACT 2000 - ENVIRONMENTAL INFORMATION REGULATIONS
2004 - INFORMATION REQUEST - REF NO - FOIS3106

I write with regard to your freedom of information request. 

We can provide you with a redacted version of the contract between Sutton
Council and Viridor for the Beddington Energy Recovery Facility, which is
published on the South London Waste Partnership (SLWP) website and can be
found [1]here. 

In accordance with regulation 12(5)(e) of the Environment Information
Regulations, we are excepted from disclosing the redacted sections of the
contract on the grounds of commercial confidentiality. The redacted
sections of the contract are considered to be commercially sensitive for
the duration of the contract. The Council have considered the Public
Interest Test below:

Public interest factors in favour of disclosure 

• Release of the requested information would promote accountability and
transparency. The purpose of the Regulations is to make public authorities
more accountable and this factor, therefore, applies to a wide range of
scenarios from how an individual or an Authority fulfils their role or
function. 

Public interest factors in favour of maintaining the exemption 

• Disclosure of the requested information will adversely affect the
commercial interests of the Council. Releasing information relating to
costs negotiated in confidence into the public domain would adversely
affect its commercial interests. There is a strong public interest in
ensuring that released information does not affect the market and the
Council considers that in this case disclosure would have a detrimental
effect on its ability to negotiate in a fair market, which would not be in
the public interest. 

Taking into account the public interest test, in this instance, the
Council is satisfied that the considerations in favour of maintaining the
exception outweigh the considerations in favour of release. Therefore, the
Council has applied the exception, Regulation 12(5)(e) of the
Environmental Information Regulations 2004, to withhold the information.

If you are unhappy with the way in which your request has been handled you
have the right to ask for an internal review.  Please notify us in writing
as soon as possible with the grounds upon which you feel the appeal is
justified to : [2][email address] or by post to Information Governance
Team London Borough of Sutton

Civic Offices

St. Nicholas Way, Sutton SM1 1EA

We aim to respond to you within 20 working days of receiving your request.
If it is going to take longer we will let you know.

Should you still be dissatisfied with the outcome you have the right to
refer to the Information Commissioner: Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF [3]www.ico.org.uk

Yours sincerely

Rebecca Byford

Contract and Performance Officer

Climate Action and Sustainability
Environment Housing and Neighbourhoods
London Borough of Sutton
Civic Offices, St Nicholas Way, Sutton, SM1 1EA

T: 020 8770 5000

[4]www.sutton.gov.uk

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Disclaimers apply, for full details see : 
(https://www.sutton.gov.uk/info/200436/cu...)

References

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