Thankyou for your email to the Information Rights Team at Warwickshire
County Council. 
If we need further information to deal with a request you are making, we
will contact you.
Kind regards 
Information Rights Team
This transmission is intended for the named addressee(s) only and may
contain confidential, sensitive or personal information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this transmission in error please
notify the sender immediately. All email traffic sent to or from us may be
subject to recording and/or monitoring in accordance with relevant
legislation.

 
Information request
Our reference: 9661452

══════════════════════════════════════════════════════════════════════════

 
Dear Ms Barton
 
Freedom of Information Act 2000 and Environmental Information Regulations
2004
 
Thank you for your request for information that was received on 21
November 2023. We are dealing with your request under the Freedom of
Information Act 2000 and Environmental Information Regulations 2004
 
Under our normal statutory requirements we are required to provide you
with a response within 20 working days of the receipt of your request.
Therefore we aim to send a response by 20 December 2023. 
 

In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.

 
The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 may restrict the release of some or all of the
information you have requested. We will carry out an assessment and if
any exceptions and exemptions apply to some or all of the information then
we might not provide that information to you. We will inform you if this
is the case and advise you of your right to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
  
 

 Kind regards

Jonathan Sheward
Information Rights Officer

Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 413716

NOTE: Please do not edit the subject line when replying to this email.

 
Information request
Our reference: 9661452

══════════════════════════════════════════════════════════════════════════

 
Dear Ms Barton,
 
Freedom of Information Act 2000 and Environmental Information Regulations
2004
 
Your request for information, received on 21 November 2o3 and concerning
"Section 106 agreements that were signed between 1st January 2006 and 31st
December 2011", is currently being considered by Warwickshire County
Council.
 
However I am writing to advise that there will be a short delay in
providing you with our response to your request.

I apologise for this delay and for any inconvenience caused. I will write
to you as soon as possible with the Council's response to your request.

If you have any queries or should you wish to make a complaint about the
manner in which your request is being dealt with then please do not
hesitate to contact me at the above address in the first instance. Any
complaints will be dealt with under the Council's internal review
procedure.

Further information about your rights under the Freedom of Information
Act, is available from the Information Commissioner's Office (0303 123
1113) or www.ico.org.uk and on the County Council's website.

Yours sincerely

Jonathan Sheward
Information Rights Officer
Information Governance Team
Strategy Planning and Governance
Resources Directorate
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 413716
Email: [1][email address]
 
 
NOTE: Please do not edit the subject line when replying to this email.

References

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Thankyou for your email to the Information Rights Team at Warwickshire
County Council. 
If we need further information to deal with a request you are making, we
will contact you.
Kind regards 
Information Rights Team
This transmission is intended for the named addressee(s) only and may
contain confidential, sensitive or personal information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this transmission in error please
notify the sender immediately. All email traffic sent to or from us may be
subject to recording and/or monitoring in accordance with relevant
legislation.

Dear Ms Barton,
 
Please accept my apologies for our not having acknowledged your email of 8
February 2024 earlier than today.
 
Unfortunately, I am still waiting for information and advice from
colleagues in the relevant team before I am able to provide the council's
response.
 
Please accept our further apologies for this extended delay, and for any
inconvenience that this may be causing. We will provide our response as
soon as possible.
 
I will write to you again no later than 6 March 2024 with an update if a
response has not been provided by that time.
 
Yours sincerely
 
 
Jonathan Sheward
 
Information Rights Officer
Information Governance Team
Strategy Planning and Governance
Resources Directorate
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
 
Tel no:  01926 413716
E-mail:  [1][email address]
 
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
 
From: Polly Barton <[FOI #1050288 email]>
Sent: Thursday, February 8, 2024 11:53 AM
To: Info Rights <[Warwickshire County Council request email]>
Subject: Re: Information request (ref: 9661452)
 
Dear Warwickshire County Council,
 
I am still waiting for a reply from an FOI sent in November 2023.
 
I look forward to your response.
 
Thank you.
 
Yours sincerely,
 
Polly Barton

References

Visible links
1. mailto:[email address]

 
Information request
Our reference: 9661452

══════════════════════════════════════════════════════════════════════════

 
Dear Ms Barton,
 
Freedom of Information Act 2000 and Environmental Information Regulations
2004
 
Your request for information has been considered by Warwickshire County
Council under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004.
 
Please accept our apologies for the delay in our making a response and for
any inconvenience that this may have caused.
 
Unfortunately, I have to advise that we are unable to provide the
information that you have requested. This is because to answer your
request would require a significant amount of staff resources.
 
You asked us:
 
Please can you help supply the following information in regards to all
Section 106 agreements that were signed between 1st January 2006 and 31st
December 2011:

* 1) The date the agreement was signed along with the corresponding
planning reference;

* 2) list all contributions and their intended purpose;

* 3) the dates of when all and any contributions were received by the
council;

* 4) the project name and details to which any contributions were
allocated, expended or committed;

* 5) the total amount allocated, expended or committed per contribution
and the date this was done;

* 6) the total amount that remains unspent and/or unallocated per
contribution;

* 7) please confirm whether the contribution monies, either in whole or
part, were held in an interest bearing account;

* 8) name of the party/parties that paid the contribution;

* 9) name of the party/parties that have been repaid and when;

* 10) all council spreadsheets that contain the requested information; and

* 11) Finally, please include either copies of the s.106 agreements or
live links to where the agreements can be found.
 

The requirement for detailed public records to be kept and made available
to the public is relatively new and was introduced with the statutory
requirement to produce an annual infrastructure statement detailing funds
relating to Section 106 agreements.

No central records were kept for S106 funding prior to 2015.  Prior to
2015 all s106 obligations were the responsivity of individual service
units to manage, monitor and implement.

The information required in order to answer your request for the time
period specified, January 2006 to 31 December 2011, is not readily
available - and a significant manual exercise would be required in order
to locate and report on the requested information.

Therefore your request is being refused under Section 12 of the Freedom of
Information Act 2000 and Regulation 12(4) (b) (Manifestly Unreasonable) of
the Environmental Information Regulations 2004.

Section 12 of the Freedom of Information Act 2000:

Finding, retrieving and preparing information takes employees' time and
consequently we are allowed to consider costs. If based upon an hourly
rate of £25 the cost exceeds the 'appropriate limit' then the public
authority can refuse to fulfill the request.

The Freedom of Information and Data Protection (Appropriate Limit and
Fees)Regulations 2004 sets the *appropriate limit for Local Authorities at
£450 (which equates to 18 hours). It is expected that the location and
reporting on the Section 106 agreement information requested would exceed
this appropriate time limit for each individual year.

In not supplying the information the Council is relying upon exemption
Section 12(1) of the Freedom of Information Act 2000 which provides an
exemption in so far as the Council is not obliged to comply with a request
for information if the Council estimates that the cost of complying would
exceed the appropriate limit.

Therefore, please treat this response as a Refusal Notice in accordance
with Section 17 of the Freedom of Information Act 2000
 
 
Regulation 12(4) (b) (Manifestly Unreasonable) of the Environmental
Information Regulations 2004:

In order to answer the questions and request made would take a significate
staff time resource.

We are allowed to consider requests under Regulation 12(4) (b) (Manifestly
Unreasonable) of the Environmental Information Regulations 2004 where they
are considered to be:

• too burdensome to deal with; or
• disrupt a public authority's ability to perform its core functions; 

Regulation 12(4)(b) allows us to refuse requests that are 'manifestly
unreasonable'. Requests may be manifestly unreasonable if:

• dealing with a request would create unreasonable costs or an
unreasonable diversion of resources

In applying an exception under Regulation 12(4)(b) we are required o
perform a public interest test, as follows:

Public interest in disclosure:

i) To promote transparency and accountability of public authorities,

ii) Greater public awareness and understanding of environmental matters,

iii) A free exchange of views, and more effective public participation in
environmental decision making, all of which ultimately contribute to a
better environment.

Public interest in maintaining the exception and withholding the requested
information:

The public interest in maintaining this exception lies in:

Protecting public authorities from exposure to disproportionate burden or
to an unjustified level of distress, disruption or irritation in handling
information requests. 

Dealing with manifestly unreasonable requests can be expected to strain
resources and get in the way of public authorities delivering mainstream
services or answering other requests.

 
The Council considers that in all circumstances, on balance, the
public interest favours withholding the information at this time. 
 
 
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 40 days of the date of receipt of the response to your
original letter and should be addressed to:
 
Information Management
Shire Hall
Warwick
CV34 4RL
[Warwickshire County Council request email] 
 
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:
 
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.
Phone: 0303 123 1113
Website:  [1]www.ico.org.uk [2]https://ico.org.uk/make-a-complaint/
 
Please contact me if you have any queries or concerns.
 
 
Yours sincerely
 
Jonathan Sheward
Information Rights Officer
Information Governance Team
Strategy Planning and Governance
Resources Directorate
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 413716
Email: [3][email address]

NOTE: Please do not edit the subject line when replying to this email.

References

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2. http://www.ico.gov.uk/
3. mailto:[email address]