Details relating to the proposals to develop Marble Hill House

The request was partially successful.

Dear The English Heritage Trust,

This request refers to the current proposals to develop Marble Hill House and gardens in Twickenham. I request the following:

- Copies of management accounts for Marble Hill House and grounds for the last three financial years available
- A copy of the financial operating budget for Marble Hill House and grounds once the proposed development has been completed
- Details of amounts received by English Heritage in respect of the House Festival hosted at Marble Hill House
- Copies of correspondence with Richmond upon Thames Council on the subject of the proposals
- Copies of correspondence with Historic England on the subject of the proposals
- The ten different design options for the Stables Cafe referred to in paragraph 6.15 of the planning statement
- Minutes of the meeting with Historic England on 7 February 2017 and copies of the documents considered at that meeting
- Minutes of the meetings with Richmond Council on 10 October 2016 and 6 March 2017 and copies of the documents considered at those meetings

Yours faithfully,

Sascha Katarina

Bryan, Ann,

1 Attachment

Our Reference:17/1508

 

Dear Sascha Katarina,

 

Re: Information Request – Marble Hill House and gardens

 

Thank you for your email on 19 April in which you have requested the
following information regarding the current proposals for Marble Hill
House and gardens:

 

- Copies of management accounts for Marble Hill House and grounds for the
last three financial years available

- A copy of the financial operating budget for Marble Hill House and
grounds once the proposed development has been  completed

- Details of amounts received by English Heritage in respect of the House
Festival hosted at Marble Hill House

- Copies of correspondence with Richmond upon Thames Council on the
subject of the proposals

- Copies of correspondence with Historic England on the subject of the
proposals

- The ten different design options for the Stables Cafe referred to in
paragraph 6.15 of the planning statement

- Minutes of the meeting with Historic England on 7 February 2017 and
copies of the documents considered at that meeting

- Minutes of the meetings with Richmond Council on 10 October 2016 and 6
March 2017 and copies of the documents considered at those meetings

 

 

Your request will be considered under the Freedom of Information Act
(2000)/ the Environmental Information Regulations (2004).  We will be
writing to you within the statutory 20 working day timeframe with a
response to your request.  You will be informed if this is not possible.

 

Yours sincerely,  

 

Ann Bryan

Information Assistant

Information Management and Technology Department

Room 2/07 (am)/ G/60 (pm), The Engine House, Fire Fly Avenue, Swindon, SN2
2EH

Direct Dial : 01793 414567 (am) 01793 414797 (pm)

 

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Pearson, Jennifer,

1 Attachment

Our Reference:17/1508

 

Dear Sascha Katarina,

 

Re: Information Request - Marble Hill House and gardens

 

I am writing in connection with your recent request for information
concerning the current proposals for Marble Hill House and gardens.

 

While I can confirm that Historic England holds information that falls
within the scope of your request it has unfortunately become apparent that
we will not be able to provide you with a response by the current
deadline.

 

Your request is being considered under the Environmental Information
Regulations 2004 (‘the EIR’).  Regulation 7(1) of the EIR allows
organisations to extend the deadline for replying to complex/voluminous
requests by an additional 20 working days. We are currently in the process
of considering the information held by Historic England which is relevant
to your request and, owing to the complexity of the case, estimate that we
need to extend the deadline by an additional 20 working days.

 

I am sorry for any inconvenience that this may cause you. We will, of
course, provide you with a response as soon as we are able to do so.

 

Yours sincerely,

 

Jennifer Pearson

 

Mrs Jennifer Pearson

Senior Information Rights Officer - Weds, Thurs, Fri

Information Management and Technology Department

The Engine House, Room 2/07, Swindon, SN2 2EH

 

 

 

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Sascha Katarina

Dear The English Heritage Trust,

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

I am writing to request an internal review of The English Heritage Trust's handling of my FOI request 'Details relating to the proposals to develop Marble Hill House'.

Your request for an extension to the timescale is unreasonable. The amount of documentation requested is not voluminous.

As you will be aware this request relates to a planning application which is imminent. I believe that your response is an attempt to withhold information which could be relevant to that application. I therefore request that this is urgently responded to otherwise it is my intention to escalate this legally.

I am prepared to accept a partial response to the request if you are genuinely unable to gather all the information.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Sascha Katarina

Dear Sascha Katarina,

Thank you for your email requesting an Internal Review. I will pass this on to our legal team and someone will be in touch in due course.

Yours sincerely

Frances Gibbons

Guy, Michael,

Dear Sascha Katarina

Thank you for your internal review request which has been passed on to me by my colleague.

I have spoken with the person conducting the matter who requested an extension of time and I understand that some of the information you have requested is held by third parties. Therefore due to the need to consult externally it was deemed appropriate to extend the deadline under the "complex" part of the "complex and voluminous" justification. However I note there are eight separate detailed requests within your message and some of those are for multiple documents rather than one simple request for example.

I can assure you that this is being dealt with and I have urged my colleague to prepare a partial disclosure as you have suggested. This is being done and should be sent to you next week with the remainder to follow shortly thereafter. Your right to request a review could be used at this later point if you wished and so I trust that a formal review of the request response at this early stage is not necessary given that some information should be with you in the next few days.

If you feel otherwise or wish to request a review after having considered what will be released soon then feel free to contact me.

Yours sincerely
Michael

Michael Guy
Head of Legal Services for English Heritage
Governance and Legal

We help people understand, enjoy and value the historic environment, and protect it for the future. Historic England is a public body, and we champion everyone’s heritage, across England.

This e-mail (and any attachments) is confidential and may contain personal views which are not the views of Historic England unless specifically stated. If you have received it in error, please delete it from your system and notify the sender immediately. Do not use, copy or disclose the information in any way nor act in reliance on it. Any information sent to Historic England may become publicly available.

show quoted sections

Sascha Katarina

Dear Mr Guy,

Thank you for your response yesterday.

I look forward to receiving information next week. However, I do formally want to escalate this to an internal review and please take this letter as a confirmation of that.

You should be aware that there is considerable regret locally at the conduct of English Heritage regarding the application to develop Marble Hill House and grounds. If you are in any doubt as to this, you might review the planning website of the London Borough of Richmond upon Thames and also the recent coverage in The Times newspaper. I am concerned that your failure to respond to a valid Freedom of Information request within the required timescales may be a further cynical attempt to mislead and withhold information in order to frustrate a proper consideration of the proposals that your organisation has submitted.

I would therefore be grateful if you could confirm:

- Whether you are aware of the timing of the planning application process with the London Borough of Richmond upon Thames
- Whether the failure to respond to my valid freedom of information request within the prescribed timescale was in any way connected with the timing of the planning application process.

In this regard, I am also now requesting under the Freedom of Information framework that English Heritage disclose all communication (including internal emails) and other material in connection with English Heritage's consideration of a response to my original Freedom of Information request. I would be grateful if you would acknowledge this.

If you have any doubt as to English Heritage's obligations under the Freedom of Information legislation or as to the consequences of failing to respond, then I would be pleased to direct you to the relevant laws.

Yours sincerely,

Sascha Katarina

Bryan, Ann,

1 Attachment

Our Reference:17/1532

 

Dear Sascha Katarina,

 

Re: Information Request – Marble Hill House - Communications

 

Thank you for your email on via Michael Guy on 20 May in which you have
requested the following:

 

Disclosure of all communication (including internal emails) and other
material in connection with English Heritage's consideration of a response
to my original Freedom of Information request.

 

Your request will be considered under the Freedom of Information Act
(2000)/ the Environmental Information Regulations (2004).  We will be
writing to you within the statutory 20 working day timeframe with a
response to your request.  You will be informed if this is not possible.

 

Yours sincerely, 

 

Ann Bryan

Information Assistant

Information Management and Technology Department

Room 2/07 (am)/ G/60 (pm), The Engine House, Fire Fly Avenue, Swindon, SN2
2EH

Direct Dial : 01793 414567 (am) 01793 414797 (pm)

 

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Gibbons, Frances,

4 Attachments

REF: 17/1508

 

Dear Sascha Katarina,

 

Thank you for your email dated 19 April in which you have requested the
following information:

 

 1. Copies of management accounts for Marble Hill House and grounds for
the last three financial years available. (FOIA)
 2. A copy of the financial operating budget for Marble Hill House and
grounds once the proposed development has been completed. (FOIA)
 3. Details of amounts received by English Heritage in respect of the
House Festival hosted at Marble Hill House. (FOIA)
 4. Copies of correspondence with Richmond upon Thames Council on the
subject of the proposals. (EIR)
 5. Copies of correspondence with Historic England on the subject of the
proposals.(EIR)
 6. The ten different design options for the Stables Cafe referred to in
paragraph 6.15 of the planning statement. (EIR)
 7. Minutes of the meeting with Historic England on 7 February 2017 and
copies of the documents considered at that meeting. (EIR)
 8. Minutes of the meetings with Richmond Council on 10 October 2016 and 6
March 2017 and copies of the documents considered at those meetings.
(EIR)

 

Your request has been processed under both the Freedom of Information Act
2000 (FOIA) and the Environmental Information Regulations 2004 (EIR). You
were informed on 11 May that due to the complexity of your request the
deadline for response had been extended. In order to provide you with as
much information as possible within a timely manner I will be addressing
parts 1, 2, 3, 6, 7 and 8 within this email. Parts 4 and 5 will be
answered under separate cover within the extended deadline time frame.

 

Part One.

 

Marble Hill House does not have management accounts – these are only
processed for English Heritage as a whole organisation. However, the
following table does show the breakdown of income and expenditure at the
site for the last 3 years.

 

Marble Hill House Yr 2014/15 Yr2015/16 Yr 2016/17
Operational Costs
including Maintenance
by year
          ADMISSIONS                   4,939              5,339               5,298
          RETAIL &                   5,214              3,732               4,584
OTHER SALES
          CATERING                11,414            11,045             10,994
SALES
          MEMBERSHIP                   1,138                  921               1,148
               Concerts                15,000                     -                        -  
               Filming                   6,705              2,810               8,200
Facilities
               Rents                20,927            19,096             13,382
Receivable
               Service                   1,816              5,063               5,361
Charges
               Car                31,311            31,458             34,653
Parking
               Other                26,688            28,668             32,237
Site Facilities
          FACILITIES              102,447            87,096             93,832
          REPAYMENT FOR                          -                    255                   200
WORKS & SERVICES
          OTHER EARNED                16,400                     -                        -  
INCOME
          HOSPITALITY                   6,456              5,000               1,190
INCOME
     EARNED INCOME              148,008          113,388           117,247
          DONATIONS                         41                  170                   137
     OTHER OPERATING                         41                  170                   137
INCOME
INCOME              148,049          113,559           117,383
     OPERATIONAL COSTS              240,658          213,573           255,432
     SALES & PROMOTIONS                   2,219              1,531               2,061
     PAYROLL              105,252          111,330           107,102
     RUNNING COSTS                37,203            39,392             36,650
     OTHER EXPENDITURE                   1,696                  268                   693
EXPENDITURE              387,028          366,094           401,938
Deficit (238,979) (252,536) (284,555)

 

Part Two.

 

[1]Description: cid:image001.png@01D2D3C1.12974CA0

 

Part Three.

 

English Heritage and Marble Hill have been generously supported by Soho
House through the House Festival for a number of years. The House Festival
is held in support of both English Heritage and Warchild, the donations
that have been received by English Heritage from Soho House are as
follows:

 

2014 - £75,440.05

2015 - £76,000

2016 - £75,535

 

We account for donations like those received from Soho House centrally and
not in individual sites’ profit and loss accounts. However the support we
receive from Soho House is ring-fenced for the care and conservation of
Marble Hill.

 

Part Six.

Please find attached the 10 alternative roof options for this scheme.

 

Part Seven.

I can confirm that no minutes were taken for this meeting.

 

Part Eight.

I can confirm that no formal minutes were taken during this meeting. The
planning consultant acting on behalf of English Heritage did however
produce a file note which is freely available as an appendix to the
Planning Statement (pages 26-28). This can be found via the Richmond
Council planning portal (REF: 17/1094/FUL).
[2]http://www2.richmond.gov.uk/PlanData2/Pl...

 

I hope that the information I have been able to provide to date is useful
to you. Details of our review procedure are attached.

 

Yours sincerely

 

Frances Gibbons

 

 

Mrs Frances Gibbons
Senior Information Rights Officer- Tues, Wed, Thurs

Information and Records Management

Historic England | Room 2/07 | The Engine House | Fire Fly Avenue |
Swindon | Wiltshire | SN2 2EH

01793 414445

You may re-use the information provided (excluding logos) free of charge
in any format or medium, under the terms of the Open Government Licence.
To view this licence, visit
[3]www.nationalarchives.gov.uk/doc/open-government-licence

Where any third-party copyright information has been provided, you will
need to obtain permission from the copyright holder concerned. Public
authorities who are complying with their statutory duty under the EIR to
release information to an applicant are not breaching the Copyright,
Designs and Patents Act 1988. Normal copyright rules do, however, still
apply and continue to protect the rights of the copyright holder once the
information is released. You may be in breach of copyright if you
reproduce or publish any documents that are subject to copyright without
permission.

 

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References

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Guy, Michael,

Sascha Katrina

Thank you for your email which I note confirms your request for a review of this live information request which we are in the process of responding to you on. I have again contacted the Senior Information Rights officer who is dealing with this case. She has explained to me how the request has been handled from her perspective and I have asked for the names of any others involved so I can check their involvement and conduct in respect of it also.

I understand she has now been able to make a partial disclosure of information to you as well and is still working on the remainder. I have asked her to complete this as the priority whilst I complete the review. I will respond again in more detail when I have done so.

Your email also goes on to request more information that is beyond the scope of my review of the current request and constitutes a new request for information. Therefore that has been dealt with as such and I understand you have already had an acknowledgement of this separately.

Yours sincerely

Michael Guy
Head of Legal Services for English Heritage
Governance and Legal

show quoted sections

Guy, Michael,

1 Attachment

Sascha Katarina

 

Further to my message below I have now had full response from the people
who I understand were involved in responding to your information request
and have set out my findings in detail below. In summary I have found no
evidence to support your allegation that we have attempted to mislead and
withhold information in order to frustrate a proper consideration of the
proposals.

 

We have a separate information management team based in Swindon who handle
all requests and in this case the officer concerned was Francis Gibbons a
senior information rights officer. She and the rest of her team are not
involved directly in any project work or planning applications and did not
have any knowledge of the deadlines and the application you are referring
to other than through the information request itself. This specialist role
and separate office location means that it naturally takes some time for
them to familiarise themselves with the information concerned as it will
almost always be the first time they have seen or heard of it.

 

We are a national organisation with many staff dealing with different
matters and so it can take them some time to track down the correct people
who may hold information. That was the case here as initially the Historic
Properties Director for the South East was contacted to ask if he knew of
it and he confirmed that it was not a matter he was involved in and passed
it on to our Head of Investment and Involvement. Information was then
identified as being within the scope of your request but we did not hold
all of it as some was in the hands of third party consultants who were
assisting with the planning application.

 

Francis took technical advice to confirm if this needed to be disclosed
and that advice was that the information was in our control even though it
was not in our possession and so it does need to be taken into account.
Therefore it was requested from the third parties and then considered. As
you can see there was some genuine complexity to this case and it was for
this reason that a response was sent to you within the initial time period
to extend the time we had in order to deal with it correctly.

 

The other staff member involved was the project manager and although there
were times when both she and the Head of Investment and Involvement were
out of the office or had time taken up with other matters there is no
evidence to suggest there was any attempt to mislead or withhold
information. I have personally spoken with both of them to confirm this is
the case.

 

Therefore in answer to your specific questions:

- Whether you are aware of the timing of the planning application process
with the London Borough of Richmond upon Thames

Neither Francis or myself were aware and it is irrelevant to us as it does
not form part of our normal work. The project manager and the Head of
Investment and Involvement were aware of the planning application
generally as it was part of their work so this is to be expected.

- Whether the failure to respond to my valid freedom of information
request within the prescribed timescale was in any way connected with the
timing of the planning application process.

I found no connection between these two events and all staff involved were
focused on dealing with the information or review request correctly not on
any other factors.

 

Incidentally I understand that the Council website is still accepting
submissions on this planning application in any event.

 

I trust this answers your queries and dispels and concerns you had but if
not you have the right to appeal to the Information Commissioner and
further details are available at:
[1]https://ico.org.uk/for-the-public/raisin....

 

Yours sincerely

 

Michael Guy

Head of Legal Services for English Heritage

Governance and Legal

 

 

 

[2]Historic England Logo

We help people understand, enjoy and value the historic environment, and
protect it for the future. [3]Historic England is a public body, and we
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views which are not the views of Historic England unless specifically
stated. If you have received it in error, please delete it from your
system and notify the sender immediately. Do not use, copy or disclose the
information in any way nor act in reliance on it. Any information sent to
Historic England may become publicly available.

show quoted sections

3 Attachments

Our Ref: 17/1508

 

Dear Sascha Katarina,

 

Thank you for your information request dated 19 April, in which you asked
for the following information:

 

 1. Copies of management accounts for Marble Hill House and grounds for
the last three financial years available. (FOIA)
 2. A copy of the financial operating budget for Marble Hill House and
grounds once the proposed development has been completed. (FOIA)
 3. Details of amounts received by English Heritage in respect of the
House Festival hosted at Marble Hill House. (FOIA)
 4. Copies of correspondence with Richmond upon Thames Council on the
subject of the proposals. (EIR)
 5. Copies of correspondence with Historic England on the subject of the
proposals.(EIR)
 6. The ten different design options for the Stables Cafe referred to in
paragraph 6.15 of the planning statement. (EIR)
 7. Minutes of the meeting with Historic England on 7 February 2017 and
copies of the documents considered at that meeting. (EIR)
 8. Minutes of the meetings with Richmond Council on 10 October 2016 and 6
March 2017 and copies of the documents considered at those meetings.
(EIR)

 

Your request has been processed using legislation from both the
Environmental Information Regulations 2004 (EIR) and the Freedom of
Information Act 2000 (FOIA) . On 23 May a partial response was sent to you
addressing points 1, 2, 3,6, 7 and 8 of your request. I am writing to you
today in regards to the outstanding information you have requested in
parts 4 and 5 of your request:

 

      4. Copies of correspondence with Richmond upon Thames Council on the
subject of the proposals. (EIR)

      5. Copies of correspondence with Historic England on the subject of
the proposals.(EIR)

 

Please find attached copies of the documents held by English Heritage that
fall within the scope of your request. You should be aware that I have
removed some information on the basis of relevance. Personal information
has also been withheld under Regulation 12(3) of the EIR- Third party
personal information, the disclosure of which would breach one or more of
the data protection principles in the Data Protection Act.

 

Please note that information has also been removed under regulation
12(5)(d) of the EIR. This exception is concerned with protecting the
confidentiality of proceedings, where such confidentiality is provided by
law.

 

On reviewing the information in question, I have concluded that it forms a
'proceeding' as it consists of correspondence and formal documentation
associated with the on-going negotiations that surround the
pre-application and formal planning application concerning Marble Hill
House and Gardens. It fulfils the degree of formality for a 'proceeding'
as set out in the EIR. I am also of the view that it is reasonable to
consider the information to be confidential.

 

As the application of the exception in regulation 12(5)(d) of the EIR is
subject to a public interest test it is not sufficient for me to say, for
the reasons above, that I consider the exception to be engaged. I also
have to consider whether, in all circumstances of the case, the public
interest in maintaining the exception outweighs the public interest in
disclosing the information.

 

In favour of disclosure I accept that it is in the public interest for
English Heritage to be open and transparent about the way that it
operates, especially when it concerns the care and protection of such an
important site like the listed Marble Hill House and Gardens. I also
acknowledge the presumption in favour of disclosure in regulation 12(2) of
the EIR.

 

In favour of maintaining the exception I have considered the argument that
it is essential that English Heritage are able to liaise effectively with
public authorities. It is important that there is opportunity during the
pre-application and formal planning process for in-depth discussion about
the proposal to take place. These discussions are required to ensure that
an appropriate outcome is achieved. The release of such discussions and
associated documents prematurely would not only hinder discussions, with
staff feeling inhibited to discuss pressing issues freely, but it may also
give a potentially misleading representation as the process is not yet
complete.

 

Having considered the above arguments I have concluded that the public
interest is currently best served by maintaining the exception.

 

You may also be interested to know that there is a range of information
concerning this planning application available via the Richmond upon
Thames council planning portal:
[1]http://www2.richmond.gov.uk/lbrplanning/...

 

I hope that the information I have been able to provide is useful to you.
Details of our review procedure are attached.

 

Yours sincerely

 

Frances Gibbons

 

Mrs Frances Gibbons

Senior Information Rights Officer

 

01793 414445

 

Some of the documents attached may be subject to copyright.  Organisations
who are complying with their statutory duty under the EIR to release
information to an applicant are not breaching the Copyright, Designs and
Patents Act 1988.  Normal copyright rules do, however, still apply and
continue to protect the rights of the copyright holder once the
information is released.  You may be in breach of copyright if you
reproduce or publish any documents that are subject to copyright without
permission.

 

References

Visible links
1. http://www2.richmond.gov.uk/lbrplanning/...

Gibbons, Frances,

22 Attachments

REF: 17/1532

 

Dear Sascha Katarina,

 

Thank you for your email to my colleague Michael Guy dated 20 May in which
you request the following information:

 

All communication and other material in connection with English Heritage’s
consideration of a response to your original Information Request (REF:
17/1508).

 

Your request has been processed under the Environmental Information
Regulations 2004 (EIR). 

 

Please find attached copies of the relevant documents held by English
Heritage in response to your request. You have already been provided with
the associated attachments to which you are entitled.

 

You should be aware that some information has been withheld under
Regulation 12(3) of the EIR- third party personal information, the
disclosure of which would breach one or more of the data protection
principles in the Data Protection Act.

 

Information has also been withheld on the basis of relevance.

 

As I am sure you can appreciate in order to progress this case
conversations have taken place over the telephone. These conversations
were not recorded and so I am unable to provide any specific details in
regards to them. I apologise for any inconvenience this may cause.

 

I hope that the information I have been able to provide is useful to you.
Details of our review procedure are attached.

 

Yours sincerely

 

Frances Gibbons

 

Mrs Frances Gibbons

Senior Information Rights Officer

 

01793 414445

 

You may re-use the information provided (excluding logos) free of charge
in any format or medium, under the terms of the Open Government Licence.
To view this licence, visit
[1]www.nationalarchives.gov.uk/doc/open-government-licence

Where any third-party copyright information has been provided, you will
need to obtain permission from the copyright holder concerned. Public
authorities who are complying with their statutory duty under the EIR to
release information to an applicant are not breaching the Copyright,
Designs and Patents Act 1988. Normal copyright rules do, however, still
apply and continue to protect the rights of the copyright holder once the
information is released. You may be in breach of copyright if you
reproduce or publish any documents that are subject to copyright without
permission.

 

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References

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2. http://www.historicengland.org.uk/
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