Freedom of Information Request - Charges for Section 278, Section 38 Agreements, and Stopping-Up Orders
Dear Merton Borough Council,
I am submitting a Freedom of Information request regarding the charges levied by Merton Borough Council in the financial year 2023/2024 for:
- Section 278 agreements under the Highways Act 1980.
- Section 38 agreements under the Highways Act 1980.
- Stopping-up orders (under the Town and Country Planning Act 1990 or other applicable legislation).
Please provide details of the fees for each, including any available breakdown of costs (e.g., application fees, legal fees, administrative charges).
I would appreciate your response within the statutory 20-working-day period.
Thank you for your assistance.
Yours faithfully,
Nayar Ahmed
Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
Information Governance Team
London Borough of Merton.
020 8545 4634
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Dear Nayar Ahmed,
Freedom of Information Act 2000/Environmental Information Regulations 2004
– Information Request
Your reference: F20879
Thank you for your request for information received by us on 18/10/2024.
Your request is being considered and the council aims to provide the
information requested within 20 working days, providing that the
information is not exempt.
If we cannot provide the information by the 15^th of November, we will
write to you to explain why before that date. If any of the information
you have requested is exempt from disclosure, we will write to you and
explain which exemptions under the Freedom of Information Act 2000 apply.
More information about the way we deal with information requests is on our
web site at [1]www.merton.gov.uk/foi.
If you have any queries or concerns then please contact us at Merton
Council, Civic Centre, Morden, SM4 5DX or e-mail [2][Merton Borough
Council request email]
Further information is also available from the Information Commissioner
at:
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Telephone:0303 123 1113. Website:
[3]www.ico.org.uk
Yours sincerely,
Information Governance
Information Team
Merton Council
══════════════════════════════════════════════════════════════════════════
Please help to reduce waste and do not print this message unless you
really need to.
This message, including any attached files, is intended just for the use
of the individual or organisation to whom it is addressed. Unauthorised
use (for example disclosure, storage or copying) is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return email. Any views or opinions expressed in email are
solely those of the author and do not necessarily represent those of
Merton Council. Merton Council reserves the right to monitor, record and
retain any incoming and outgoing emails for security reasons and for
monitoring internal compliance with the Merton Council policy on staff
use. Email monitoring and/or blocking software may be used and email
content may be read. Merton Council may be required to disclose this email
(or any response to it) under the Freedom of Information Act 2000 unless
the information in it is covered by one of the exemptions in the Act. The
message may contain information that is confidential or sensitive; you
should handle it accordingly.
Please view the council's privacy notice at
https://www.merton.gov.uk/legal/privacy-...
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References
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1. http://www.merton.gov.uk/foi
2. mailto:[merton%20borough%20council%20request%20email]
3. http://www.ico.org.uk/
Dear Nayar Ahmed
Freedom of Information Act 2000 / Environmental Information Regulations
2004 Information request
We have now considered your information request as set out below. Please
accept my apologies for the delayed response.
You asked:
Charges levied by Merton Council in the financial year 2023/2024 for
Section 38 agreements under the Highways Act 1980
Section 278 agreements under the Highways Act 1980
Stopping up orders(under the Town and Country Planning Act 1990 or other
applicable legislation)
Please provide details of the fees for each, including any available
breakdown of costs (e.g. application fees, legal fees and administrative
charges
Our response:
Section 38 agreements – Design and supervision fees £0 (zero), legal fees
£0 (zero)
Section 278 agreements – Design and supervision fees £12,364.38, legal
fees £6,500.00
Joint S38/S279 agreements – Design and supervision fees £5,000.00, Legal
fees £2,500.00
Stopping up orders – legal fees £5000.00
If you have any queries or concerns about this, please contact me.
If you are dissatisfied with the handling of your request or wish to
appeal against the decision to exempt any part of your request, you should
request an Internal Review at [1][Merton Borough Council request email] or
write in to Freedom of Information team, Merton Council, Civic Centre,
Morden, SM4 5DX.
If you escalate to the Information Commissioners Office (ICO) without
following the council’s internal review process, the ICO will refer you
back to the council to enable the correct process to be followed.
You can also appeal to the Information Commissioner at:
[2]https://ico.org.uk/make-a-complaint/offi...
There is no charge for making an appeal.
Regards
Jayne Rusbatch
Head of Sustainable Transport, Highways and Climate l London Borough of
Merton
[3][email address]
══════════════════════════════════════════════════════════════════════════
Please help to reduce waste and do not print this message unless you
really need to.
This message, including any attached files, is intended just for the use
of the individual or organisation to whom it is addressed. Unauthorised
use (for example disclosure, storage or copying) is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return email. Any views or opinions expressed in email are
solely those of the author and do not necessarily represent those of
Merton Council. Merton Council reserves the right to monitor, record and
retain any incoming and outgoing emails for security reasons and for
monitoring internal compliance with the Merton Council policy on staff
use. Email monitoring and/or blocking software may be used and email
content may be read. Merton Council may be required to disclose this email
(or any response to it) under the Freedom of Information Act 2000 unless
the information in it is covered by one of the exemptions in the Act. The
message may contain information that is confidential or sensitive; you
should handle it accordingly.
Please view the council's privacy notice at
https://www.merton.gov.uk/legal/privacy-...
--------------------------------------------------------------------------------------------------------------
References
Visible links
1. mailto:[merton%20borough%20council%20request%20email]
2. https://ico.org.uk/make-a-complaint/offi...
3. mailto:[email%20address]
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