Communications between Marsh Farm Futures and LBC regarding Buckle Cose

Rob Goodwin made this Freedom of Information request to Luton Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Luton Borough Council,

I would like to see copies of all correspendence between representatives of Luton Borough Council and representatives of Marsh Farm Futures, including board members Councillor Roy Davies and Councillor Anna Pederson, regarding land owned by Marsh Farm Futures at Buckle Close.
Example search terms may include "Buckle", "Buckle Close", "Brambles".
I would like to see all correspondence from the last 4 years.
Can I also please request copies of any minutes from meetings where Buckle Close was discussed, and officer reports reports regarding Buckle Close for the same time period.

Yours faithfully,

Rob Goodwin

LBC Feedback, Luton Borough Council

THIS EMAIL ADDRESS IS NOT SECURE FOR THE TRANSMISSION OF UNENCRYPTED SENSITIVE DATA

Dear Mr Goodwin

Thank you for your enquiry. This has been passed onto the appropriate department and they will respond in due course. Please note our reference no 974258 (as above) and quote this is in any further correspondence.

Many thanks
Maria

Maria Brown
Administration Officer

Business Intelligence team
Town Hall First Floor Annex Luton LU1 2BQ
Phone: 01582 547068
email: LBC feedback

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Dear Maria,

Thanks you for your email. This FOI request is now overdue. I would be very grateful to receive an update as to when I might expect a reply.

Yours sincerely,

Rob Goodwin
(Yr ref 974258)

LBC Feedback, Luton Borough Council

THIS EMAIL ADDRESS IS NOT SECURE FOR THE TRANSMISSION OF UNENCRYPTED SENSITIVE DATA

Dear Mr Goodwin

Thank you for your email. My apologies for not contacting you earlier. Due to the extensive nature of the information requested, we are not yet able to provide the information and anticipate that it will take a further week to provide this.

Please accept my apologies for the delay in providing our response.

Kind regards

Frances Bogie
Information Governance Officer
Business Intelligence Unit
Luton Borough Council
Town Hall, 1st Floor Annexe LU1 2BQ
Phone; 01582 548678
Email: [email address]
www.luton.gov.uk

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Dear Frances,

This request is now nearly 2 weeks overdue.
I would be very grateful for an update.

Yours sincerely,

Rob Goodwin

LBC Feedback, Luton Borough Council

THIS EMAIL ADDRESS IS NOT SECURE FOR THE TRANSMISSION OF UNENCRYPTED SENSITIVE DATA

Dear Mr Godwin

Please accept my apologies for the late response. I have forwarded to the relevant officer but he is out of the office until tomorrow.

We will provide the information as soon as we are able.

Kind regards

Frances Bogie
Information Governance Officer
Business Intelligence Unit
Luton Borough Council
Town Hall, 1st Floor Annexe LU1 2BQ
Phone; 01582 548678
Email: [email address]
www.luton.gov.uk

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Dear Frances,

Do you have any update as to when I might receive this information please?

Yours sincerely,

Rob Goodwin

LBC Feedback, Luton Borough Council

THIS EMAIL ADDRESS IS NOT SECURE FOR THE TRANSMISSION OF UNENCRYPTED SENSITIVE DATA

Dear Mr Goodwin

Please accept my apologies for the further delay. I have forwarded your email to the officer who has gathered the information is considering any exemptions which may apply.

We will provide the response as soon as we are able.

Kind regards

Frances Bogie
Information Governance Officer
Business Intelligence Unit
Luton Borough Council
Town Hall, 1st Floor Annexe LU1 2BQ
Phone; 01582 548678
Email: [email address]
www.luton.gov.uk

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Dear Frances,

This request is now 3 weeks overdue according to the law. I would be grateful for your urgent attention.

Yours sincerely,

Rob Goodwin

Bogie, Frances (GCSx),

Dear Mr Goodwin,

 

Further to your request for information, and our subsequent
communications, please accept our apologies for the delay in responding to
you.  In relation to the request for all communications in regard to the
land at Buckle Close, we do hold the information requested. We can provide
you with copies of communications between Luton Borough Council and
representatives of Marsh Farm Futures, but do not provide information
which is exempt under s40(2) of the Act, as they contain third party data
or s41, as the information contained in them was provided to us in
confidence and the party who provided the information does not consent to
us disclosing the information and for us to do so would be an actionable
breach of confidence. These are absolute exemptions.

 

The emails will be forwarded to you, but we are currently experiencing
technical difficulties which are stopping us being able to produce them.
We have raised the problem with our IT support and hope to be able to
provide them shortly.

 

In relation to your request for  copies of any minutes from meetings where
Buckle Close was discussed, and officer reports regarding Buckle Close for
the same time period, we confirm that we do hold this information but are
not disclosing it and rely on the exemption provided at s43 of the Act as
the information is commercially sensitive. This information relates to the
valuation of the land at Buckle Close. The Council will be considering its
options with regard to selling or developing this land and is under a
fiduciary duty to secure the best return possible. Releasing this
information to the world at large would harm the Council's ability to
secure the best return on the land, as it would provide potential bidders
with information which would enable them to make low bids.

 

As s43 provides a qualified exemption, we have considered the public
interest test.

 

We have considered the public interest test in relation to whether we
should disclose this information and considered the following arguments in
favour of disclosure or withholding;

 

• the information would further the understanding of, and participation in
the debate of issues of the day; we do not consider that commercial
knowledge relating to this piece of land is a matter of public debate.
There is a wider public debate about the redevelopment of Marsh Farm,
which this land could become a part of, which is already informed and
active.

• facilitate the accountability and transparency of public authorities for
decisions taken by them; the public authority is accountable through its
Councillors and through means of complaint to the LGO or by legal
challenge. The information does not relate to a decision taken, but
provides information on which the Council may take a decision. Its ability
to take that decision would be prejudiced by the release of this
information 

• facilitate accountability and transparency in the spending of public
money; the Council is transparent and accountable through publishing its
accounts on an annual basis. Officers operate within legal and
organisational constraints and are held to account by senior managers and
Councillors. Councillors are held to account by the public. In addition,
the Council is open to challenge by its auditors, by the LGO on complaint
being made, or by way of legal challenge.    

• allow individuals to understand decisions made by public authorities
affecting their lives and, in some cases, assist individuals in
challenging those decisions; the information is relevant to future
decisions which may be prejudiced by  the release of this information. No
decision has been taken which affects the lives of any individuals. 

 

The potential marketing or development of this land is a matter of
considerable commercial sensitivity, as the property market is highly
price sensitive and Luton is experiencing considerable growth in the value
of land. Release of the information held is highly likely to have a
significant impact on the Council's ability to secure the best return on
this land, with consequent impact on the Council's finances and its
ability to deliver services in a time of facing unprecedented levels of
cuts from central government. As a consequence we are of the view that the
public interest in disclosing the information is outweighed by the public
interest in withholding it.

 

In so far as we are not disclosing information, please take this as a
Refusal Notice, for the reasons given above.

 

In so far as we are providing information, this information is being
provided as a statutory obligation under the Freedom of Information Act
2000.

 

Please note that under the Privacy and Electronic Communications (EC
Directive) Regulations 2003 Luton Council ask not to receive unsolicited
marketing communications.

 

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
[1][email address]  .

 

Detailed advice about the Reuse of Public Sector Information Regulations
(PSI) 2005 is available from the Office of Public Sector Information at:
Office of Public Sector information.

 

If you are not satisfied with our response to your request(s), you can ask
for a review of how we have handled it, by contacting us at the address
above or by contacting emailing us at [2][email address]  . Please
set out any specific concerns you have. If you have any other queries or
concerns then please contact us using the above details. Please quote the
reference number provided above when contacting us.

 

Should you remain unhappy with our response after we have reviewed it, you
can refer your concerns to the Information Commissioner Further
information on the Freedom of Information Act is available through the
Information Commissioner at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

Internet: [3]www.ico.gov.uk

 

 

Yours sincerely,

 

Information Governance Team

Luton Borough Council

Town Hall, George Street, Luton LU1 2BQ

Email: [4][email address]

 

 

 

 

 

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Dear Frances,

Thank you for your response. Have your IT issues been resolved yet? I'd be grateful if you could forward those emails if it has.

Yours sincerely,

Rob Goodwin

Bogie, Frances (GCSx),

Dear Mr Goodwin

Thank you for your email. The IT problems have been resolved. We are now in the process of reviewing the communications and redacting the exempt information.

We will provide the information to you as soon as we are able to.

Kind regards

Frances Bogie
Information Governance Officer
Business Intelligence Unit
Luton Borough Council
Town Hall, 1st Floor Annexe LU1 2BQ
Phone; 01582 548678
Email: [email address]
www.luton.gov.uk

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Good morning Frances,

How are the redactions coming along? Can you perhaps provide a timeline as to when I can expect this extremely overdue request to be completed?

Yours sincerely,

Rob Goodwin

Bogie, Frances (GCSx),

Dear Mr Goodwin

Thank you for your email. I am advised that the redactions should be completed by the beginning of next week and sent to you. There are approximately 800 pages, so it has been a long process.

Thank you for your patience.

Kind regards

Frances Bogie
Information Governance Officer
Business Intelligence Unit
Luton Borough Council
Town Hall, 1st Floor Annexe LU1 2BQ
Phone; 01582 548678
Email: [email address]
www.luton.gov.uk

show quoted sections

Bogie, Frances (GCSx),

3 Attachments

Dear Mr Goodwin

 

Further to our recent communications, and our substantive response of
10^th July, please see attach the redacted communications, in response to
your request for information. Please accept our apologies for the delay in
providing these to you, due to the time taken to redact all the documents.

 

This information is being provided as a statutory obligation under the
Freedom of Information Act 2000.

 

Please note that under the Privacy and Electronic Communications (EC
Directive) Regulations 2003 Luton Council ask not to receive unsolicited
marketing communications.

 

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
[1][email address]  .

 

Detailed advice about the Reuse of Public Sector Information Regulations
(PSI) 2005 is available from the Office of Public Sector Information at:
[2]Office of Public Sector information.

 

If you are not satisfied with our response to your request(s), you can ask
for a review of how we have handled it, by contacting us at the address
above or by contacting emailing us at [3][email address]  . Please
set out any specific concerns you have. If you have any other queries or
concerns then please contact us using the above details. Please quote the
reference number provided above when contacting us.

 

Should you remain unhappy with our response after we have reviewed it, you
can refer your concerns to the Information Commissioner Further
information on the Freedom of Information Act is available through the
Information Commissioner at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

Internet: [4]www.ico.gov.uk

 

 

Yours sincerely,

 

Information Governance Team

Luton Borough Council

Town Hall, George Street, Luton LU1 2BQ

Email: [5][email address]

 

IMPORTANT: This transmission is intended for the named addressee(s) only,
may contain sensitive or protectively marked material up to RESTRICTED and
should be handled accordingly.
Unless you are the named addressee (or authorised to receive it for the
addressee) you may not copy, use, or disclose to anyone else. 
All traffic will be subject to recording and/or monitoring in accordance
with relevant legislation and Luton Borough Council's policies and
procedures. 
Messages that breach policy or  pose a threat may be quarantined or
deleted. 
Scanning of this message and addition of this footer is performed by
MailMarshal Email Security software in conjunction with virus detection
software. 
The Council is not responsible for any changes made to the message after
it has been sent. 
If you have received this transmission in error please notify the sender
immediately using the reply option to this e-mail then delete this message
from your system.

References

Visible links
1. mailto:[email address]
2. http://www.opsi.gov.uk/psi/
3. mailto:[email address]
4. https://ico.org.uk/
5. mailto:[email address]