Council assets

Gareth Davies made this Freedom of Information request to Oldham Metropolitan Borough Council as part of a batch sent to 353 authorities

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

Waiting for an internal review by Oldham Metropolitan Borough Council of their handling of this request.

To the information officer,

I am emailing to request the following information from the council under the Freedom of Information Act 2000:

Note: This request does not relate to social housing stock

1) A list of building, land and heritage assets disposed of (i.e. the council no longer owned the asset) by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address (if applicable)
- Postcode (if applicable)
- UPRN (if possible)
- The date it was disposed of
- The type of disposal (for example sale, community asset transfer, etc)
- The valuation of the asset at the point it was classified as an asset held for sale (both lower amount and fair value less, if possible)
- How much it was sold for? (if applicable)
- Who it was sold to?
- How it was disposed of (open market, auction, etc)

2) A list of building, land and heritage assets acquired by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address
- Postcode
- UPRN (if possible)
- The date it was acquired
- Who was it acquired from?
- How much did it cost?
- Is it now classed as an investment property?

3) How many land, building and heritage assets did the council have as of
a) the beginning of 2014/15
b) the date on which you received this request

I would like to receive this information electronically a spreadsheet, with the points above as the column headers.

If the decision is made to withhold some of this information using exemptions in the Act, please inform me of that fact and cite the exemptions used.

Please note the questions:
Who it was sold to?
Who was it acquired from?

In response to test FOIs some local authorities declined to release this information relating to these questions, arguing it was exempt under Section 40 - Personal information.

The definition of personal data referred to in the FOIA is that used by the Data Protection Act. This states that, for data to constitute personal data, “it must relate to a living individual, and that individual must be identifiable”. As a result, unless the response relates to a person (or a sole trader) it cannot be exempt under Section 40.

If you need clarification please contact me at this email address. Under your section 16 duty to provide advice and assistance I would expect you to contact me if you find this request unmanageable in any way before the 20th working day.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you in the near future.

Thank you for your time,

Gareth

Information Manager, Oldham Metropolitan Borough Council

Dear Sir/ Madam

I acknowledge with thanks your request for information; this request has been considered as a request under the Freedom of Information Act 2000.

As such, your request may take up to 20 working days to be processed and has been passed on to an appropriate officer.

Please be advised that if an exemption applies to the information that you have requested, the statutory period may be exceeded in accordance with the provisions of that Act.

Should you have any queries, please contact: [Oldham Council request email]

Yours faithfully,

Information Management Team
Corporate & Commercial Services
Oldham Council
Level 11
Civic Centre
West Street
Oldham   OL1 1UT

E mail: [email address]

Please note: For satellite navigation purposes the postcode is OL1 1NL

Visiting the Civic Centre by Metrolink? The nearest stop is Oldham King Street (2 – 3 mins’ walk)

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Peter Wood, Oldham Metropolitan Borough Council

2 Attachments

Afternoon Gareth,

I refer to the FOI request you made as detailed below and have highlighted
my response to each section as follows:

 

1) A list of building, land and heritage assets disposed of (i.e. the
council no longer owned the asset) by the council between 2014/2015 and
the date on which you received this request, including:

- Name of the asset

- What type of asset is it - building, land or heritage?

- Address (if applicable)

- Postcode (if applicable)

- UPRN (if possible)

- The date it was disposed of

- The type of disposal (for example sale, community asset transfer, etc)

- The valuation of the asset at the point it was classified as an asset
held for sale (both lower amount and fair value less, if possible) 

- How much it was sold for? (if applicable)

- Who it was sold to?

- How it was disposed of  (open market, auction, etc)

 

Please find as attached, two spreadsheets that provide you with our
disposal programme for the period requested. Certain information
pertaining financial and personal data has not been included, as it is
perceived it is either commercially sensitive, or is considered would be
in breach of the General Data Protection Regulations 2018.    

 

2) A list of building, land and heritage assets acquired by the council
between 2014/2015 and the date on which you received this request,
including:

- Name of the asset

- What type of asset is it - building, land or heritage?

- Address

- Postcode

- UPRN (if possible)

- The date it was acquired

- Who was it acquired from?

- How much did it cost?

- Is it now classed as an investment property?

 

3) How many land, building and heritage assets did the council have as of

a) the beginning of 2014/15

b) the date on which you received this request

 

I would like to receive this information electronically a spreadsheet,
with the points above as the column headers.

 

If the decision is made to withhold some of this information using
exemptions in the Act, please inform me of that fact and cite the
exemptions used.

 

Please note the questions:

Who it was sold to?

Who was it acquired from?

In response to test FOIs some local authorities declined to release this
information relating to these questions, arguing it was exempt under
Section 40 - Personal information.

 

The definition of personal data referred to in the FOIA is that used by
the Data Protection Act. This states that, for data to constitute personal
data, “it must relate to a living individual, and that individual must be
identifiable”. As a result, unless the response relates to a person (or a
sole trader) it cannot be exempt under Section 40.

 

If you need clarification please contact me at this email address. Under
your section 16 duty to provide advice and assistance I would expect you
to contact me if you find this request unmanageable in any way before the
20th working day.

I would be grateful if you could confirm in writing that you have received
this request, and I look forward to hearing from you in the near future.

 

In terms of Questions 2 and 3, Section 12 of the Act makes provision for
public authorities to refuse requests for information where the cost of
dealing with them would exceed the appropriate limit, which for Local
Government is set at £450. This represents the estimated cost of one
person spending 18 hours at £25 per hour in determining whether the
Council holds the information i.e. in locating, retrieving and extracting
the information.

 

We estimate that it will take us in excess of 18 hours to determine the
appropriate material and locate, retrieve and extract the information in
reference to your request. Therefore, your request will not be processed
further.

 

You may wish to refine your request by narrowing its scope by being more
specific about what information your particularly wish to consider,
including any dates or period of time relevant to the information
required. You may wish to provide a selection of key information held
which the requester can choose from with a timeframe.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

 

If you disagree with the exemption applied to the above information, you
may appeal to:

Paul Entwistle

Borough Solicitor

Legal & Democratic Services

Oldham MBC

Civic Centre, West St, Oldham OL1 1UG

Tel:  0161 770 4822

E-mail:  [email address]

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. Details are as follows:-

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire   SK9 5AF

 

www.informationcommissioner.gov.uk

 

Peter Wood MSc, Dip Surv, MRICS

Head of Strategic Asset & Facilities Management

Oldham Council

Henshaw House

T: 0161 770 4028

[mobile number]

E: [email address]

 

 

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References

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1. http://www.oldham.gov.uk/e-mail_strap_line
2. http://www.oldham.gov.uk/dataprotection

Dear Mr Wood,

Thank you for your response to My FOI.

Unfortunately it would appear my request has been misinterpreted.

For both acquired and disposed of assets, I requested data "between 2014/2015 and the date on which you received this request".

The date the council received the request was on 30/07/2018, thus the period covered is 01/04/2014 to 30/07/2018.

I appear to have only been sent data for 2014/15.

Could this be revisited and the additional information supplied?

Yours sincerely,

Gareth Davies

Dear Oldham Metropolitan Borough Council,

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

I am writing to request an internal review of Oldham Metropolitan Borough Council's handling of my FOI request 'Council assets'.

Unfortunately it would appear my request has been misinterpreted.

For both acquired and disposed of assets, I requested data "between 2014/2015 and the date on which you received this request".

The date the council received the request was on 30/07/2018, thus the period covered is 01/04/2014 to 30/07/2018.

I appear to have only been sent data for 2014/15.

I pointed this out more than two months ago but received no reply.

Yours faithfully,

Gareth Davies