Changes to Flexible Use of Capital Receipts regulations

The request was partially successful.

Dear Department for Levelling Up, Housing & Communities,

I refer to the letter being sent to all local authorities today (1 August) re the tightening-up of Flexible Use of Capital Receipts regulations. This was reported on at length in the Sunday Telegraph yesterday: https://www.telegraph.co.uk/politics/202...

Can you please let me have a copy of any legal advice - or any other professional guidance - obtained by the Secretary of State in the course of compiling the said letter.

Yours faithfully,

Alex McKinstry

MHCLG Correspondence,

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Despatch Box, Department for Levelling Up, Housing & Communities

                            
Our reference: 19891516             
Information request

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Dear Alex McKinstry
 
Thank you for your Information Request of 1 August 2022 requesting:
 
'I refer to the letter being sent to all local authorities today (1
August) re the tightening-up of Flexible Use of Capital Receipts
regulations. This was reported on at length in the Sunday Telegraph
yesterday:
https://www.telegraph.co.uk/politics/202...

Can you please let me have a copy of any legal advice - or any other
professional guidance - obtained by the Secretary of State in the course
of compiling the said letter.'
 
We will aim to send you a response by 30 August 2022.
 
If you have any questions, please ask by return email. Please leave the
subject line unchanged when replying, to make sure your email gets
straight to us.
 
 
Kind regards,
 
Department for Levelling Up, Housing and Communities FOI Team
NOTE: Please do not edit the subject line when replying to this email.

Despatch Box, Department for Levelling Up, Housing & Communities

                            
Our reference: 19891516             
Information request

══════════════════════════════════════════════════════════════════════════

 
Dear Alex McKinstry,
 
Freedom of Information Act 2000

Thank you for your requests for information concerning:

Please can you let me have copies of any correspondence between yourselves
and Bournemouth, Christchurch and Poole Council ("BCP Council"), re the
latter's plans to transfer its beach huts to a special purpose vehicle
(SPV) for twenty years. This is being done in an attempt to generate a
"capital receipt" of c. £54 million under FLEXIBLE USE OF CAPITAL RECEIPTS
provisions.

Can you also let me have copies of any reports, legal advice, etc, that
BCP Council may have sent you in relation to these beach hut proposals.
The Council's financial plan update, released last month, revealed that
you were "reflecting" on the proposals.

***

I refer to the letter being sent to all local authorities today (1 August)
re the tightening-up of Flexible Use of Capital Receipts regulations. This
was reported on at length in the Sunday Telegraph yesterday:
https://www.telegraph.co.uk/politics/202...

Can you please let me have a copy of any legal advice - or any other
professional guidance - obtained by the Secretary of State in the course
of compiling the said letter.

We are considering your aggregated request but unfortunately we need more
time to process it. This is because we are looking at the balance of
public interest for and against disclosure of the information you
requested.
 
The Freedom of Information Act 2000 allows this when one or more qualified
exemptions apply to the information. In this case, the qualified exemption
we are considering is section 43(2), which relates to commercial
interests.

We will now try to respond to you by 27 September 2022. 

Kind regards,
 
Department for Levelling Up, Housing and Communities FOI Team
 
 
NOTE: Please do not edit the subject line when replying to this email.

Dear DLUHC,

Further to my FOI request, ref 19891516, and the public interest test you are currently conducting, it may be worth noting that Bournemouth, Christchurch and Poole Council has now abandoned its policy to sell its beach huts to a special purpose vehicle, as confirmed by Paragraphs 8-10 of the report accompanying Item 5, 'Commercialisation of Beach Hut Assets ...' (582 KB) at the following link: https://democracy.bcpcouncil.gov.uk/ieLi...

I hope that removes any remaining barriers to releasing the information as imposed by Section 43(2) of the FOIA.

In addition, some of the Department's correspondence with BCP Council on this issue has now been published (in the form of Appendices D and E at the above link), so again, this may be something you wish to bear in mind when weighing up whether to release the information.

Yours faithfully,

Alex McKinstry

Despatch Box, Department for Levelling Up, Housing & Communities

                            
Our reference: 19891516             
Information request

══════════════════════════════════════════════════════════════════════════

 
Dear Alex McKinstry,
 
Freedom of Information Act 2000

Thank you for your requests for information concerning:

Please can you let me have copies of any correspondence between yourselves
and Bournemouth, Christchurch and Poole Council ("BCP Council"), re the
latter's plans to transfer its beach huts to a special purpose vehicle
(SPV) for twenty years. This is being done in an attempt to generate a
"capital receipt" of c. £54 million under FLEXIBLE USE OF CAPITAL RECEIPTS
provisions.

Can you also let me have copies of any reports, legal advice, etc, that
BCP Council may have sent you in relation to these beach hut proposals.
The Council's financial plan update, released last month, revealed that
you were "reflecting" on the proposals.

***

I refer to the letter being sent to all local authorities today (1 August)
re the tightening-up of Flexible Use of Capital Receipts regulations. This
was reported on at length in the Sunday Telegraph yesterday:
https://www.telegraph.co.uk/politics/202...

Can you please let me have a copy of any legal advice - or any other
professional guidance - obtained by the Secretary of State in the course
of compiling the said letter.

We are considering your aggregated request but unfortunately we need more
time to process it. This is because we are looking at the balance of
public interest for and against disclosure of the information you
requested.
 
The Freedom of Information Act 2000 allows this when one or more qualified
exemptions apply to the information. In this case, the qualified exemption
we are considering is section 43(2), which relates to commercial interests
as some of the information supplied to us was done so on a
commercial-in-confidence basis.

We will now try to respond to you by 26 October 2022 

Kind regards,
 
Department for Levelling Up, Housing and Communities FOI Team
 
 
NOTE: Please do not edit the subject line when replying to this email.

Despatch Box, Department for Levelling Up, Housing & Communities

18 Attachments

                            
Our reference: 19891516             
Information request

══════════════════════════════════════════════════════════════════════════

 
Dear Alex McKinstry,
 
Thank you for your requests for information received on 15 July and 1
August 2022.  Please accept our apologies for the delay in responding to
your requests.
 
Unfortunately we are unable to provide all of this information. Please
find attached our formal response which sets out the reasons for this, as
well as the information that we are able to provide.
 
Kind regards,
Department for Levelling Up, Housing and Communities FOI Team

 
NOTE: Please do not edit the subject line when replying to this email.