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Communication between AWS Llangadog and Carmarthenshire Council about the closure of our Llangadog Recycling Centre

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Dear Carmarthenshire Council,

I would like full minutes of meetings held between the Local Authority and All Waste Services LTD (AWS) about the future of the Llangadog House Waste Recycling Centre, I would also like all copies of all correspondence between both parties regarding this site. In particular I would like to see all meeting notes, emails, letters and phone correspondence over the last 12 months to understand why this important local resource is being closed even though the council have received a large number of communications from very concerned local residents.

Yours faithfully,

Lyndsey Maiden

FOIA, Carmarthenshire Council

Dear Ms Maiden,

Thank you for your request for information, which was received on 24th March, 2017 and is being dealt with under the Freedom of Information Act 2000/Environmental Information Regulations 2004.

We are therefore required to provide a response within 20 working days, which will be on or before 25th April, 2017.

If we require clarification we will also contact you as soon as we can – please note that the timescale for response specified above may be subject to change if this is the case.

In the meantime, please do not hesitate to contact me should you have any queries, remembering to quote the reference number above in any communications.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Tîm Llywodraethu Gwybodaeth a Chwynion
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Information Governance & Complaints Team
Chief Executive's Department
Carmarthenshire County Council

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Lyndsey Maiden

Dear Carmarthenshire Council,

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

I am writing to request an internal review of Carmarthenshire Council's handling of my FOI request 'Communication between AWS Llangadog and Carmarthenshire Council about the closure of our Llangadog Recycling Centre'.

This has now gone over the required time frame.

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

Yours faithfully,

Lyndsey Maiden

Robert Edgecombe, Carmarthenshire Council

I write further to your email of the 1^st May in which you requested an
internal review in this matter.

 

Please accept my apologies for the fact that the Council has failed to
deal with your request within the required time frame.

 

I have contacted the senior council officer responsible for waste and
recycling services and asked him to send to me immediately any recorded
information falling within the scope of your request.  I will contact you
again as soon as it is received and in any event within the next 20
working days, that is by the 6^th June.

 

Yours sincerely

Robert Edgecombe

Robert Edgecombe, Carmarthenshire Council

I write further to my email of the 9^th May in which I indicated my
intention to conclude the internal review of the Council’s response to
your request by the 6^th June.

 

I have this lunchtime been handed a small file of papers relating to your
request, which I am advised amounts to the totality of the recorded
information we hold falling within the scope of that request.

 

From an initial consideration of those papers, I note that they contain
financial information relating to the site operators (AWS) and financial
information regarding possible lease terms for the site, neither of which
will be in the public domain.

 

One of the grounds for non-disclosure of recorded information under FOIA
is that disclosure would be likely to harm the commercial interests of
another person or the Council. In order to decide whether or not this
ground applies in respect of your request, I must first consult with AWS
to establish if their commercial interests would be harmed by the
disclosure of this information.

 

I have therefore written to AWS requesting comment on this issue.

 

I am telling you this as there is a possibility that I may be unable to
respond to fully by the 6^th June as originally intended. If that is the
case, I will email you again on the 6^th to confirm this and advise when I
will be able to respond fully.

 

Yours Sincerely

 

Robert Edgecombe

Legal Services Manager

Robert Edgecombe, Carmarthenshire Council

Further to my email below, I have been advised by representatives of AWS
that they are seeking legal advice upon the possibility that the Council
may disclose the information you seek, as they believe that to do so
would, or would be likely to, prejudice the commercial interests of AWS.

 

In the circumstances I feel compelled to allow AWS a reasonable time to
obtain that legal advice.

 

If I have not heard from AWS or their legal advisors by 4pm on Monday
12^th June I will contact them again and update you further

 

Regards

Robert Edgecombe

 

From: Robert Edgecombe
Sent: 31 May 2017 14:16
To: '[email address]'
<[email address]>
Subject: CCFO-355 Freedom of Information Request regarding closure of
Llangadog HWRC

 

I write further to my email of the 9^th May in which I indicated my
intention to conclude the internal review of the Council’s response to
your request by the 6^th June.

 

I have this lunchtime been handed a small file of papers relating to your
request, which I am advised amounts to the totality of the recorded
information we hold falling within the scope of that request.

 

From an initial consideration of those papers, I note that they contain
financial information relating to the site operators (AWS) and financial
information regarding possible lease terms for the site, neither of which
will be in the public domain.

 

One of the grounds for non-disclosure of recorded information under FOIA
is that disclosure would be likely to harm the commercial interests of
another person or the Council. In order to decide whether or not this
ground applies in respect of your request, I must first consult with AWS
to establish if their commercial interests would be harmed by the
disclosure of this information.

 

I have therefore written to AWS requesting comment on this issue.

 

I am telling you this as there is a possibility that I may be unable to
respond to fully by the 6^th June as originally intended. If that is the
case, I will email you again on the 6^th to confirm this and advise when I
will be able to respond fully.

 

Yours Sincerely

 

Robert Edgecombe

Legal Services Manager

Robert Edgecombe, Carmarthenshire Council

Further to my email of the 7^th June I confirm I have heard nothing
further from AWS in this matter. I have therefore warned them that unless
I receive representations from them by 4pm on the 16^th June, I shall
proceed to finalise the internal review on the basis of the information in
my possession.

 

Yours sincerely

Robert Edgecombe

Robert Edgecombe, Carmarthenshire Council

1 Attachment

Further to my recent emails, please find enclosed the result of this
authority’s internal review in respect of your information request.

 

Yours sincerely

Robert Edgecombe

Dear Carmarthenshire Council,

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

I am writing to request an internal review of Carmarthenshire Council's handling of my FOI request 'Communication between AWS Llangadog and Carmarthenshire Council about the closure of our Llangadog Recycling Centre'.

I would like to see a copy of the information requested suitably redacted. I am not content with the response that "However, solicitors representing the site owners have made representations
that this information not be disclosed as disclosure ‘would have a detrimental
impact upon their client’s business’." as the company has ceased operating the site, the site has closed, the council has stated categorically that it has ended those negotiations regarding contracting this service to AWS so the statement "This is because disclosure would result in the release of sensitive financial
information about the site owners into the public domain giving competitors
an unfair advantage." seems incorrect, how can there be a commercial issue?

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

Yours faithfully,

Lyndsey Maiden

FOIA, Carmarthenshire Council

Dear Ms Maiden

Thank you for your correspondence, as Carmarthenshire County Council have already conducted an internal review of your Freedom of Information Request and a response provided 19th June, 2017 if you still remain unhappy with the handling of your request you will need to contact:

The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 0303 123 1113
Website: www.ico.gov.uk

There is no charge for making an appeal.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Tîm Llywodraethu Gwybodaeth a Chwynion
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Information Governance & Complaints Team
Chief Executive's Department
Carmarthenshire County Council

Mewnol/Internal: 4127
Allanol/External: 01267 224127

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