Dear Mrs. Thompson,

Thank you for your request for information, which was received on 2nd January, 2013 and is being dealt with under the Freedom of Information Act 2000. We are therefore required to provide you with a response within 20 working days, which will be on or before 30th January, 2013.

If we require any clarification or further details, we will contact you as soon as possible - if this is the case, then the timescale for response specified above may be subject to change.

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

Yours sincerely
John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin
Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council
Mewnol/Internal: 4127
Allanol/External: 01267 224127

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Dear Mrs Thompson,

I refer to your request for information, which was received on 2nd January, 2013 and has been dealt with under the Freedom of Information Act 2000. Please accept our apologies for the delay in providing this response.

The specific information you requested was as follows:

"Could you please send me copies of the reports presented and referred to in the following agenda items;

1. Executive Board 5th November 2012, Item 13; 'UPDATE ON GRADE 2 PUBLIC CONVENIENCE TRANSFER POSITION'

2. Executive Board 10th December 2012, item 12; 'DEVELOPMENT AT CROSS HANDS WEST'. As this recommendation was accepted, please provide the total sum made available.

3. Executive Board Member Decision meeting (Regeneration) 19th November 2012 'CONTRIBUTION TOWARDS KEY LEISURE DEVELOPMENT WITHIN THE COUNTY' where it was decided to approve a £20,000.00 contribution to 'O.C. Ltd' from the Business Support Projects budget"

In response, we do hold the information you have requested, and one of the reports, in respect of the Odeon cinema, Llanelli, is attached.

With regard to your second request regarding the development at Cross Hands West, the report endorsed a total expenditure of £750,000 for planning, environmental, legal and other costs required to secure planning permission for the scheme. Funding of these costs is from the approved capital programme and will be repaid from the future capital receipts to flow from the site.

However, after giving this matter careful consideration, we are of the view that the remaining information, comprised of two reports, should still be withheld from release to the public for reasons I will set out below.

I should emphasise that in dealing with any request, I must consider the effect of releasing the information to the public at large, not to a particular individual or organisation.

1. The Cross Hands West Development Report

The report contains exempt information as defined in paragraph 14 of Part 4 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information)(Variation) Order 2007 and is not therefore available to be viewed by the public as it relates to information relating to the financial and business affairs of the Council and the developer partner. Until the development is completed the financial details included could prejudice the transactions and the level of capital recipts to be secured by the Council and developer partner.

2. The Public Conveniences Transfer Report

This report concerns the transfer of the management of public conveniences and contains details of the proposed arrangements, such as information on the terms of the transfer. Disclosure of the report at this juncture would be likely to impact negatively on the process.

Under Section 43 (2) of the Act, a public authority may refuse to disclose information if it would, or would likely to, prejudice the commercial interests of any person, including the public authority holding it. Commercial interest can be defined as the ability of a party to participate competitively in a commercial activity, such as tendering for contracts for the provision of goods or services.

In view of the considerations set out above, I believe that the exemption under Section 43 (2) is engaged and that the reports should be withheld from disclosure.

However, this exemption is subject to a public interest test, which requires me to consider whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information. In doing so, it is important to draw a distinction between what may be of interest to the public and what is genuinely in the public interest.

I accept that there is always likely to be a public interest in information concerning publicly owned property and the expenditure of public funds.

Nevertheless, in this case, there is in my view a stronger, countervailing public interest in ensuring that the Council is able to complete transactions in private, up to the point that agreements are concluded. This in turn ensures best value for the taxpayer, which is clearly in the public interest.

Accordingly, I consider that this exemption should be maintained.

As I have refused to provide the information you have requested, I am providing you with formal notice of this fact in accordance with Section 17 of the Act.

If you are unhappy with the way in which your request has been handled, you can request a review by writing to:

The Head of Administration & Law
Carmarthenshire County Council
County Hall
Carmarthen
SA31 1JP

Email: [email address]

If you remain unhappy with the handling of your request or complaint, you have a right to appeal to the Information Commissioner at:

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.

If I can be of any further assistance, please do not hesitate to contact me.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin
Information & Data Protection Officer

Chief Executive's Department
Carmarthenshire County Council

Mewnol/Internal: 4127
Allanol/External: 01267 224127

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