Council assets

Gareth Davies made this Freedom of Information request to Stratford on Avon District 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.

The request was partially successful.

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

Info, Stratford on Avon District Council

 

Thank you for your email

 

This is to notify you that Stratford District Council have received your
correspondence and you will receive an official response in due course.

 

Please Note: This is an automated response - Please do not reply to this.

 

Customer Services Centre
Stratford on Avon District Council, Elizabeth House, Church Street,
Stratford upon Avon, Warwickshire, CV37 6HX
Switchboard +44 (0)1789 267575, email [1][Stratford on Avon District Council request email], web
[2]www.stratford.gov.uk

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This e-mail is confidential and may contain legally privileged
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only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

References

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1. mailto:[email address]
mailto:[Stratford on Avon District Council request email]
2. http://www.stratford.gov.uk/
http://www.stratford.gov.uk/

Denny Wood, Stratford on Avon District Council

 

 

Dear Gareth Davies,

 

I am sorry that this reply did not reach you.

 

The Following response was sent to you on the 8^th August

 

FOI 12534

 

 

FOI Response
 

FOI #12534

 

Dear Gareth Davies

We don’t have this data stored in a way which is easily accessable  and
researching to find it is likely to take longer than the allocated 18 hours.

If you are dissatisfied with the handling of your request, you have the right to
ask for an internal review. An internal review request should be submitted in
writing within 40 working days of receiving the original reply and should be
addressed to:
Phil Grafton, Monitoring Officer, Stratford-on-Avon District Council,
Elizabeth House, Church Street, Stratford-upon-Avon CV37 6HX.

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. The
Information Commissioner can be contacted at:
Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

 

 

Regards

 

Denny

 

 

Denny Wood

Assistant Democratic Services Officer (FOI)

Governance and Democracy

 

Stratford upon Avon District Council, Elizabeth House, Church Street,
Stratford upon Avon, Warwickshire, CV37 6HX

Switchboarad +44(01)1789267575, Direct +44(0)1789 260220, Fax +44(0)1789
260244

Email [1][email address] web [2]www.stratford.gov
uk

 

Please see the Privacy Notice for Elections and Electoral Registration:-

 

[3]https://www.stratford.gov.uk/council-dem...

 

 

Please do not print this email unless you need to.

 

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This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

References

Visible links
1. mailto:[email address]
2. http://www.stratford.gov/
3. https://www.stratford.gov.uk/council-dem...

Dear Stratford on Avon District Council,

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

I am writing to request an internal review of Stratford on Avon District Council's handling of my FOI request 'Council assets'.

I do not agree with the use of the Section 12 exemption.

Firstly, you have used this exemption but not said how many hours you do estimate it would take to comply with my request. As such I have very little to base my response on. This does not give the impression that due care and attention has been applied when coming to this decision.

Secondly, you have provided no guidance on how the request might be refined in order to fall below this time limit. Again this leaves me with the impression that the council has not given due consideration before applying this exemption. The onus is on the public body to provide suggestions as to how the scope of the request might be narrowed in order for at least some information to be provided.

With respect I cannot have faith in the council's time calculations as I have been provided with no information about how many records my request would cover. I have no evidence that anyone has, as the basis for this exemption, sought to determine at least an estimate of how many disposals and acquisitions there may have been during this period. If this hasn't taken place, then how could the time estimates be accurate?

Furthermore, as part of my research I have submitted this FOI to 353 local authorities in England. Dozens of similarly sized and resourced local authorities have been able to comply with the request without the use of this exemption. In some cases that has meant providing information relating to hundreds of different assets. I don't see why Stratford on Avon should be any different.

The council is obliged under the Local Government Transparency code to maintain and publish an annual list of its land and building assets. If it is doing so then this list then it should know which assets were acquired and disposed of, which will significantly reduce the amount of time needed to comply with my request.

Yours faithfully,

Gareth Davies

Info, Stratford on Avon District Council

 

Thank you for your email

 

This is to notify you that Stratford District Council have received your
correspondence and you will receive an official response in due course.

 

Please Note: This is an automated response - Please do not reply to this.

 

Customer Services Centre
Stratford on Avon District Council, Elizabeth House, Church Street,
Stratford upon Avon, Warwickshire, CV37 6HX
Switchboard +44 (0)1789 267575, email [1][Stratford on Avon District Council request email], web
[2]www.stratford.gov.uk

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

References

Visible links
1. mailto:[email address]
mailto:[Stratford on Avon District Council request email]
2. http://www.stratford.gov.uk/
http://www.stratford.gov.uk/

Stratford on Avon District Council

Processing Internal Review request
Internal Review #12613
We have started processing your Internal Review request, a response may
take up to 20 working days. If you have not received a response after
28/09/2018 please contact the council ([email address]).

Your Internal Review reference number is #12613

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Oliver Hughes, Stratford on Avon District Council

Dear Sir

 

Further to your request for a review of the original response, Mr Grafton,
Monitoring Officer acknowledged that the original response was
unsatisfactory and the department concerned was asked to reconsider the
original request and provide an appropriate response. Please may I take
this opportunity to apologise on behalf of the Council that this was not
done in the first instance.

 

I understand you should receive the response soon if you have not already
– the deadline for it to reach you is 21 September 2018.

 

Regards

Oliver Hughes
Deputy Monitoring Officer, Solicitor & Legal/Land Charges Team Leader

Switchboard +44 (0)1789 267575, Direct +44 (0)1789 260229
email [1][email address], web [2]www.stratford.gov.uk

 

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

References

Visible links
1. mailto:[email address]
2. http://www.stratford.gov.uk/

Stratford on Avon District Council

1 Attachment

Internal Review Response
Internal Review #12613
Dear Gareth Davies

We have considered your review request and have compiled the information
that is available, in response to your original Freedom of Information Act
enquiry.

I hope that this is sufficient for your purposes and if you require
anything else please contact us.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. An internal review request should be
submitted in writing within 40 working days of receiving the original
reply and should be addressed to:
Phil Grafton, Monitoring Officer, Stratford-on-Avon District Council,
Elizabeth House, Church Street, Stratford-upon-Avon CV37 6HX.

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. The Information Commissioner can be contacted at:
Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.

Denny Wood, Stratford on Avon District Council

1 Attachment

  • Attachment

    Building and Assets Schedule 2018 Stratford on Avon District Council.pdf

    190K Download View as HTML

 

 

 

Dear Gareth Davies,

 

In line with the email sent from Oliver Hughes, which said that ‘Further
to your request for a review of the original response, Mr Grafton,
Monitoring Officer acknowledged that the original response was
unsatisfactory and the department concerned was asked to reconsider the
original request and provide an appropriate response.

 

Please may I take this opportunity to apologise on behalf of the Council
that this was not done in the first instance.

 

Additionally it has come to my attention that certain content was omitted
from our response and I have attached the information below to address
this.

 

 

In answer to your original points raised;

 

 

Question 1.Freehold Disposals 2014 to present date:

 

·         Land Adjacent 8 Council House Ashorne , CV35 9DS

Transferred to a third party on 22 May 2018

Land used as open space

          Sale with overage provisions and the price reflected a marketing
exercise

          The sum paid is not given here as it may be commercially
sensitive to another party, it may be available through Land Registry
records

The purchaser was a private individual whose details are not given for
data protection reasons, these may be available through Land   Registry
records

 

·         7 Wood Street, Stratford upon Avon, CV37 6JE

Transferred to a third party on 7 October 2015

                     Property used as a retail unit with residential
over                

Sale with overage provisions and following advice from the Council’s
advisors

The sum paid is not given here as it may be commercially sensitive to
another party, it may be available through Land Registry records

The purchasers were Pragnells

 

·         Land rear of garages Mountford Rise and Verney Drive,
Lighthorne, CV35 0AZ

Transferred to a third party on 13 ^ December 2017

Small strips of Vacant land

                     Sale with overage provisions and following advice
from the Council’s advisors

                     The sum paid is not given here as it may be
commercially sensitive to another party, it may be available through Land
Registry records

The purchaser was a private individual whose details are not given for
data protection reasons, these may be available through Land Registry
records

 

·         Land at Bellfield, Tanworth-in-Arden, B94 5AW

Transferred to a third party on 26^th April 2018

Land used as open space

Sale with overage provisions

The sum paid is not given here as it may be commercially sensitive to
another party, it may be available through Land Registry records

The purchasers details are not given for data protection reasons, they may
be available through Land Registry records

 

Question 2.Freehold Acquisitions 2014 to present date:

 

·         Former Studley Health Centre, 40 High Street, Studley B80 7HJ

          Transferred to the District Council on 13 June 2018 from the NHS

Sale with overage provisions and use restrictions, following advice from
the Council’s advisors

          The sum paid is not detailed here as it may be commercially
sensitive to another party, it may be available through Land Registry
records

           It is not held as an investment property

 

Question 3.

A list of all land, building and heritage assets currently held by the
Council is attached to this response. Whilst we do not have a list from
2014 it would have been the attached list amended by the transactions set
out above.

 

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. The Information Commissioner can be contacted at:
Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Regards
Freedom of Information Officer
Stratford-on-Avon District Council

 

 

show quoted sections

This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail (and/or any
attachments).

Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon
the Council or commit the Council to any course of action.