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Conditional Agreement and CPO Costs Indemnity Agreements between Haringey Borough Council & Grainger Seven Sisters Ltd

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Dear Haringey Borough Council,

Please could you provide me with a copy of the Conditional Agreement signed on 3rd August, 2007 (and subsequent variations) between London Borough of Haringey, Grainger Seven Sisters Ltd and Northumberland and Durham Property Trust. Please could you also provide me with the CPO Costs Indemnity Agreement between Haringey Borough Council and Grainger Seven Sisters Ltd which was signed on 23rd January 2015 (including any variations on that contract agreed thereafter)

Both of these agreements are documents that are still in current use and locating and retrieving them should therefore be a straightforward exercise and should not exceed the statutory time limit for responding to an information request. I would like to point out that only the time limits and fees set out in the appropriate legislation only cover locating, retrieving and extracting information within calculation costs and any time taken applying exemptions and redactions should not be included.

If the authority feels that exemptions need to be applied, could I ask these are applied only to the sensitive information as is required by the law. Given the nature of the request it may be possible that the council considers engaging the following exemptions:

Section 41 - Confidential Information
When applying this exemption could you please follow the tests required, outlining the public body's reasoning behind applying the following tests:
Was the information provided by a third party capable of legal action
Would disclosure be a breach of confidence?
Does the information has a quality of confidence?
Was the information provided with a quality of confidence?
Would there be harm as a result of disclosure?
Is there an overriding public interest in disclosure?

Section 43 - Commercially Sensitive Information
When considering whether this exemption applies, please could it ensure that any submissions on whether there will be commercial damage are based on clear evidence and a direct link between disclosure and commercial harm and do not rely on generalised statements.

If the public authority decides to withhold any information please can you clearly set out which exemption is being applied in this case and which points were considered when balancing the prejudice and public interest tests. Please bear in mind the decision Hogan and Oxford City Council v Information Commissioner [2011] which notes that there should be an evidence based link between disclosure and 'real', 'substantial' and 'likely' harm.

I believe that in this case there is strong public interest in gaining a better understanding of the terms of these agreement in order to promote accountability of the local authority particular as this development affects the lives and livelihoods of many people. The Wards Corner development led by Grainger PLC has since 2007 sparked huge controversy in the community. There have been four legal challenges by local community groups and market traders directly affected by the development. The recent Compulsory Purchase which concerns this question attracted over 180 objections, accompanied by petitions against the CPO with approximately 1,875 signatures. These objections mainly pertain the disproportionately negative effect that the development will have on members of vulnerable, low-income, BME community groups; in particular market traders. Community and resident groups are also concerned about the lack of affordable housing on site and the destruction of local heritage which is currently locally listed. In reaction to these negative effects the local community has built through consultation an alternative vision for the area. The Wards Corner Community Coalition, a group established in 2007 gained in April 2014 planning permission for an alternative Community Plan for the same area. In May 2014 the Seven Sisters Indoor market which is part of the development was designated as an Asset of Community Value by Haringey Council.

Section 10 of the Act requires that a public authority respond 'promptly' to a request for information and otherwise no later than within 20 working days. This point is expanded upon in the ICO Guidance Paragraph 21-25, explaining that only in exceptional circumstances should requests take a full 20 working days to comply with.

Given the nature of this request, that it relates to the use of buildings and a substantial area of land I would expect the council to given serious consideration to whether this request should be dealt with under EIR rather than FOI and to explain the reasons for your choice.

If there is any part of this request that is unclear, please can you contact me to offer advice and guidance as to the form and format of the kinds of information held by the authority, so I am given an opportunity to explain what information I am seeking with reference to what is held. I would also note that the Section 45 Code of Practice says that in providing advice and assistance, I should be allowed to speak to your FOI officer rather than conducting all correspondence over email.

Yours faithfully,

Megan I Waugh

Haringey Borough Council

Dear Ms Waugh

 

Freedom of Information / Environmental Information Regulations Request:
LBH/8425519

 

I acknowledge your request for information received on 20 February 2019.

 

This information request will be dealt with in accordance with the Freedom
of Information Act 2000 / Environmental Information Regulations and we
will send the response by 20 March 2019

 

Yours sincerely,

 

 

 

Feedback and Information Governance

 

Shared Service Centre | Central Team

Haringey Council 

Alexandra House, 10 Station Road, Wood Green, London N22 7TR

 

www.haringey.gov.uk

twitter@haringeycouncil

facebook.com/haringeycouncil

 

 

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
administrator at Haringey Council immediately and delete this e-mail from
your system. Although this e-mail and any attachments are believed to be
free of any virus or other defect which might affect any computer or
system into which they are received and opened, it is the responsibility
of the recipient to ensure they are virus free and no responsibility is
accepted for any loss or damage from receipt or use thereof. All
communications sent to or from external third party organisations may be
subject to recording and/or monitoring in accordance with relevant
legislation.

Dear Haringey Borough Council,

I note that in your acknowledgement to my request, dated February 20th, you said that you would respond by March 20th. I am writing to remind you that the law stipulates that you should respond within 20 working days except in specific circumstances, these would still require you to write to me to request additional time or explain why additional time is needed.

Please could you provide me with a response to my request or update me as to why there appears to be a delay.

Yours faithfully,

Megan I Waugh

Gunn Claire, Haringey Borough Council

Dear Ms Waugh,

 

Freedom of Information / Environmental Information Regulations Request:
LBH/8425519

 

I am writing in reference to your request for information received on 20
February 2019.

 

Unfortunately we are currently unable to respond to your request. We
require more time to consider if an exemption applies under the Freedom of
Information Act, and to determine whether or not the balance of the public
interest lies in maintaining an exemption.

 

We apologise that there will be a delay in responding to your request. We
now expect to respond to you by 17 April 2019.

 

If you have any questions, please contact us at [1][email address].

 

Yours sincerely,

 

 

Claire Gunn

Feedback Review Officer

Shared Service Centre | Central Team

 

Haringey Council

5th Floor, Alexandra House, 10 Station Road, Wood Green, London N22 7TR

 

T. 020 8489 2576

E. [2][email address]

 

[3]www.haringey.gov.uk

[4]twitter@haringeycouncil

[5]facebook.com/haringeycouncil

 

 

P Please consider the environment before printing this email.

 

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
administrator at Haringey Council immediately and delete this e-mail from
your system. Although this e-mail and any attachments are believed to be
free of any virus or other defect which might affect any computer or
system into which they are received and opened, it is the responsibility
of the recipient to ensure they are virus free and no responsibility is
accepted for any loss or damage from receipt or use thereof. All
communications sent to or from external third party organisations may be
subject to recording and/or monitoring in accordance with relevant
legislation.

References

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1. mailto:[email address]
2. mailto:[email address]
3. http://www.haringey.gov.uk/
4. https://twitter.com/haringeycouncil
5. https://www.facebook.com/haringeycouncil

Dear Ms Gunn,

Thank you for your prompt response. My understanding is that, if you are dealing with this request under FOI you can request an additional 20 working days in order to carry out the public interest test. I did not think that additional time could be taken in order to decide which exemptions to engage.

Please could you confirm which qualified exemption/s you are engaging and which would therefore require a public interest balancing exercise?

Many thanks,

Megan I Waugh

Dear Ms Gunn,

In addition to my earlier response I would like to refer you to the ICO's guidance on time for compliance
https://ico.org.uk/media/1165/time-for-c...

Where they state "As section 10(3) only permits extensions for further consideration of the public interest, the additional time cannot be used to determine whether the exemptions themselves are engaged."

I would therefore like to reiterate my request for you to confirm the exemption that is being engaged.

Yours sincerely,

Megan I Waugh

Hunt Anita, Haringey Borough Council

Dear Ms Waugh,

 

I apologise that we did not provide sufficient information in our previous
communication. We are considering the public interest test. You are
correct to say that we cannot claim a time extension to consider whether
or not an exemption applies. The qualified exemptions that could apply to
your request are those at Section 36 (prejudice to effective conduct of
public affairs) and at Section 43 (Commercial interests).

 

Yours,

 

Anita Hunt

Feedback & Information Governance Manager

Shared Service Centre | Central Team

 

Haringey Council

6th Floor, River Park House, 225 High Road, Wood Green, London N22 7TR

 

T: 020 8489 1844

[email address]

 

[1]www.haringey.gov.uk

twitter@haringeycouncil

facebook.com/haringeycouncil

 

Please consider the environment before printing this email

 

show quoted sections

Taylor Neil, Haringey Borough Council

2 Attachments

 

Dear Ms Waugh,

Re: Freedom of Information Act Request ref: LBH/8425519

 

Thank you for your request for information received on 20^th February
2019, in which you asked for the following:

 

 1. Provide a copy of the Conditional Agreement signed on 3^rd August 2007
(and subsequent variations) between London Borough of Haringey,
Grainger Seven Sisters Ltd and Northumberland and Durham Property
Trust.

 

 2. Provide a copy of the CPO Costs Indemnity Agreement between Haringey
Borough Council and Grainger Seven Sisters Ltd which was signed on
23^rd January 2015 (including any variations on that contract agreed
thereafter).

 

My response is as follows:

 

Please see attached Supplemental Agreement between London Borough of
Haringey, Grainger Seven Sisters Limited and Northumberland & Durham
Property Trust Limited dated 23^rd January 2015 amending the Principal
Development Agreement dated 3^rd August 2017 (included at Appendix A).
This document is publically available at -
[1]http://bailey.persona-pi.com/Public-Inqu....

 

Please see attached CPO Indemnity Agreement between the London Borough of
Haringey, Grainger Seven Sisters Limited and Northumberland & Durham
Property Trust Limited dated 23^rd January 2015.

 

If you are unhappy with how we have responded to your request you can ask
us to conduct an Internal Review. If so, please contact the Feedback and
Information Team as below. (Please note you should do this within two
months of receiving this response.)   

 

Shared Service Centre

Feedback and Information Governance Team

10^th Floor, Alex House

10 Station Road

Wood Green

London N22 7TR

 

E [2][email address]

 

 

Yours sincerely,

 

Neil Taylor

 

CPO Project Manager

 

 

 

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
administrator at Haringey Council immediately and delete this e-mail from
your system. Although this e-mail and any attachments are believed to be
free of any virus or other defect which might affect any computer or
system into which they are received and opened, it is the responsibility
of the recipient to ensure they are virus free and no responsibility is
accepted for any loss or damage from receipt or use thereof. All
communications sent to or from external third party organisations may be
subject to recording and/or monitoring in accordance with relevant
legislation.

References

Visible links
1. http://bailey.persona-pi.com/Public-Inqu...
2. mailto:[email address]

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