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Hermitage Park Helensburgh, Summary of cost to date & projected.

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Dear Argyll and Bute Council,
It is public knowledge that the restoration of Hermitage Park in Helensburgh is behind schedule for completion. We do not know if this has additional cost implications and if so how these are to be funded.
No doubt the appropriate council department maintains good practice by monitoring on a monthly basis on how actual costs and projected costs compare with the original budget and projected final costs.
As the lottery grant and other subscriptions are in the public realm as is the full specification, value and terms of the original main contract, it would provide significant public reassurance to have sight of the costs to date and those projected to finish - to the original design specification noting the cost of any extra to contract items which have arisen to date.
Thank you,

Yours faithfully,
RF Morrison

Administrator, Argyll and Bute Council


Dear RF Morrison

Request for information: Freedom of Information request - Hermitage Park
Helensburgh, Summary of cost to date & projected.

Thank you for your information request which we have logged as reference
argyllbuteir:10797.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by 2019-11-13
00:00:00.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

Privacy information: Any personal information you have provided in
relation to this request will be used only for the intended purpose -
please read the full privacy notice to find out more about how your
personal information will be handled, and your rights under data
protection legislation.

DIS Performance HQ, Argyll and Bute Council

1 Attachment

Classification: OFFICIAL

Dear RF  Morrison,

 

Request for information: Freedom of Information request - Hermitage Park
Helensburgh, Summary of cost to date & projected

Reference: argyllbuteir:10797

 

I refer to your request for information which was dealt with in terms of
the Environmental Information (Scotland) Regulations 2004 (EIRs).

 

I have attached a link to a report submitted to the Helensburgh and Lomond
Area Committee on 22 March 2018 which provides the detail of the budget
and projected final costs of stage 2 of the project as at March 2018
[1]https://www.argyll-bute.gov.uk/moderngov...
and technically I have refused to release a copy of the report to you in
terms of Regulation 6(1)(b) of the EIRs as the information is publically
available and easily accessible to you on the Council’s website.

 

I have refused to release the information you requested, i.e. the current
actual costs and projected costs, in terms of Regulation 10(5)(e) of the
EIRs which states that disclosure would, or would be likely to, prejudice
substantially the confidentiality of commercial or industrial information
where such confidentiality is provided for by law to protect a legitimate
economic interest.

 

When a request is refused in terms of this Regulation the Council has to
have considered 4 issues.

 

1.       Is the information commercial or industrial in nature?

The Council considers that the current actual cost and projected cost
information you have requested is commercially sensitive and as such is
commercial in nature.

 

2.       Does a legally binding duty of confidence exist in relation to
the information?

In the Council’s view, a legally binding duty of confidence exists in
regard to this information. The contracts are still ‘live’ and a number of
issues remain outstanding between the Council and the Contractors in
regard to the completion of the contracts and the sums payable in terms of
the contracts. Discussions in regard to these issues are ongoing and it is
important that the discussions between the parties are taken forward ‘in
confidence’.

 

3.       Is the information publicly available?

No.

 

4.       Would disclosure of the information cause, or be likely to cause,
substantial harm to a legitimate economic interest?

In the Council’s view, to disclose the current actual cost and projected
cost information at this point in time would be likely to cause
substantial harm to the legitimate interest of both the Council and the
Contractors. The legitimate interest I am referring to is their interest
in ensuring that they both have the opportunity to discuss, in confidence,
the issues that remain outstanding between the Council and the Contractors
in regard to the completion of the contract and the sums payable in terms
of the contract. If the current actual cost and projected cost information
was disclosed at this stage, the opportunity for them to have these
discussions could be prejudiced through the public airing of what in
effect are contractual issues.

 

The Council also has to consider the public interest test when applying an
exception under the EIRs. The Council accepts that there is a general
public interest in disclosing information which will improve transparency
and accountability in relation to the expenditure of public funds.

 

However, at this point in time, the Council considers that to release the
current actual cost and projected cost information would not be in the
public interest, as it would have an impact on the confidential nature of
the ongoing discussion in regard to the outstanding issues which would
lessen our ability to ensure that these are resolved in the best interest
of the public purse.

 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review by writing to the
Executive Director Customer Services, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll PA31 8RT, or by email to [2][Argyll and Bute Council request email]

 

Your request for review must state your name and address for
correspondence, specify the request for information to which your request
for review relates and why you are dissatisfied with the response. 

 

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period for response to your initial
request by the Council, or not later than 40 working days after the
receipt by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

 

If you make an application for review and remain dissatisfied with the way
in which the review has been dealt with you are entitled to make an
application to the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife KY16 9DS (Tel: 01334 464610) for a
further review. You can now do this online here -
[3]www.itspublicknowledge.info/Appeal

 

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review.

 

Yours sincerely,

 

Ailsa Barr

Administrative Support Officer

Roads and Infrastructure Services

Argyll and Bute Council

Tel: 01546 604674 Fax: 01546 604678

[4][email address]

 

[5]www.argyll-bute.gov.uk  'Realising our potential together'

 

[6]http://intranet.argyll-bute.gov.uk/sites...

 

 

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Sinclair, David (Risk Management Assistant), Argyll and Bute Council

3 Attachments

Classification: OFFICIAL

Good morning,

 

Thank you for your e-mail attached, I have opened a review file which I
will pass to the Executive Director of Customer Services

 

You should receive a response by 13^th December 2019

 

Regards,   

 

[1]David Signature

[2]roundel_fc_cmyk_with_initials_signature_0_0

 

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Hendry, Douglas, Argyll and Bute Council

1 Attachment

Classification: OFFICIAL

Dear Mr Morrison

 

Environmental Information (Scotland) Regulations 2004 (EIRs)

Regulation 16 Review – argyllbuteir:10797

 

I refer to your email of 16 November 2019, which has been treated as a
request for a review of how we dealt with your earlier request for
information dated 16 October. I’ve noted that the response was sent within
the statutory 20 working day timescale on 12 November.

 

Having considered the terms of your original request, the response and
your request for a review, I have taken the view that the Council have
been correct in applying the exception contained in Regulation 10(5)(a) of
the EIRs, and that the response provides a full explanation of the grounds
for refusing to release the information you requested.

 

If you are dissatisfied with the way in which the review has been dealt
with you are entitled to make an application to the Scottish Information
Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS
(Tel: 01334 464610) for a review.

 

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review.

 

If you make an application for a further review to the Scottish
Information Commissioner and remain dissatisfied by the decision then you
may appeal on a point of law to the Court of Session.

 

Yours sincerely

 

Douglas Hendry, Executive Director

Monitoring Officer / IJB Standards Officer 

 

Kilmory, Lochgilphead, Argyll, PA31 8RT

[1][email address]

 

Please note that your details, including any personal information you may
have provided, will be passed to the relevant service mentioned above.  A
full privacy notice can be found on our website, which explains what we
will do with your personal information and what your rights are under Data
Protection legislation.  [2]https://www.argyll-bute.gov.uk/data-prot...

 

[3]roundel_fc_cmyk_with_initials_signature_0_0

 

 

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We don't know whether the most recent response to this request contains information or not – if you are R.F. Morrison please sign in and let everyone know.