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Heyate regeneration profit share forecasts

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Dear Southwark Council,

Paragraph 13.2 of the Regeneration Agreement signed between the Council and Lendlease for the redevelopment of the Heygate estate, requires Lendlease to supply the Council with an 'Annual Business Plan' on a yearly basis, which gives estimates of profit forecasts.

Last year's Annual Business Plan was dated Feb 2016, which you disclosed in accordance with our request ref:667857.

I am writing to request a full unredacted copy of this year's Annual Business Plan.

Yours faithfully,

Jerry Flynn
www.35percent.org

accessinfo, Southwark Borough Council

Thank you for contacting the Information Governance Team at Southwark
Council. We confirm that we have received your correspondence.

 

Due to circumstances beyond our control, we are currently short staffed.
We would like to apologise for any delay in responding to your email, and
to thank you for your patience.

 

If you have made a Freedom of Information (FOI), Subject Access (SAR) or
Environmental Information Regulations (EIR) request - we aim to send you a
case reference number within 3 working days.

 

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your case and it will be considered by the allocated case officer.

 

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copied to us.

 

For more information about our services, please see our [1]webpage.  

 

 

Yours sincerely

 

Information Governance Team

Southwark Council

 

 

The email you received and any files transmitted with it are confidential,
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References

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1. http://www.southwark.gov.uk/info/200031/...

Regeneration, Southwark Borough Council

Southwark Council - Information request
Our reference: 763326

Dear Sir,

Re: Your request for information: 763326
Thank you for your request for information that was received on 14 March
2017 in which you requested:

Paragraph 13.2 of the Regeneration Agreement signed between the Council
and Lendlease for the redevelopment of the Heygate estate, requires
Lendlease to supply the Council with an 'Annual Business Plan' on a yearly
basis, which gives estimates of profit forecasts.
Last year's Annual Business Plan was dated Feb 2016, which you disclosed
in accordance with our request ref:667857.
I am writing to request a full unredacted copy of this year's Annual
Business Plan.

Your request is being dealt with under the Environmental Information
Regulations 2004 and you will receive a response within 20 working days of
the date that we received your request.
The Environmental Information Regulations 2004 defines a number
of exceptions that may restrict the release of the requested information.
There will be an assessment and if any of the exceptions categories apply
then the information may not be released. You will be informed if this is
the case, including your rights of appeal.
The information provided will be in English, normal font size. If you
require alternative formats, e.g. other language, audio, large print, etc.
please notify us.
If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why and details of how you
may appeal (if appropriate).

 

Further information is available through the Information Commissioner
at [1]www.ico.org.uk.

Yours faithfully,

 

Martyna Plewniak
System Information Project Officer
[2][email address]

 

The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this in error please notify us immediately. If you
are not the intended recipient of the email or the person responsible for
delivering it to them you may not copy it, forward it or otherwise use it
for any purpose or disclose its contents to any other person. To do so may
be unlawful. Where opinions are expressed in the email they are not
necessarily those of Southwark Council and Southwark Council is not
responsible for any changes made to the message after it has been sent.

References

Visible links
1. http://www.informationcommissioner.gov.uk/
2. mailto:[email address]

Plewniak, Martyna, Southwark Borough Council

Link: [1]File-List

Dear Mr Flynn,

 

Re: Your request for information: 763326

Thank you for your request for information that was received on 14 March
2017 in which you requested:

 

Paragraph 13.2 of the Regeneration Agreement signed between the Council
and Lendlease for the redevelopment of the Heygate estate, requires
Lendlease to supply the Council with an 'Annual Business Plan' on a yearly
basis, which gives estimates of profit forecasts.

 

Last year's Annual Business Plan was dated Feb 2016, which you disclosed
in accordance with our request ref:667857.

I am writing to request a full unredacted copy of this year's Annual
Business Plan.

 

Your request has been dealt with under Environmental Information
Regulations (EIR) 2004.

 

Please note that the business plan is not due to be discussed until June
2017, therefore in accordance with Regulation 12 (4) (a) this information
is not held.

 

 

If you are not content with the outcome of your appeal, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

Further information on the Freedom of Information Act is available through
the Information Commissioner at the:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire

SK9 5AF
Telephone: 0303 123 1113
Internet: [2]www.ico.org.uk

 

 

 

Yours sincerely,

 

Martyna Plewniak

System Information Project Officer

 

 

 

 

 

 

 

 

The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this in error please notify us immediately. If you
are not the intended recipient of the email or the person responsible for
delivering it to them you may not copy it, forward it or otherwise use it
for any purpose or disclose its contents to any other person. To do so may
be unlawful. Where opinions are expressed in the email they are not
necessarily those of Southwark Council and Southwark Council is not
responsible for any changes made to the message after it has been sent.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D2AC68.97F137B0
2. http://www.ico.org.uk/

Dear Ms Plewniak,

I would be very grateful if you could update me as to whether this year's annual businees plan has been supplied by Lendlease yet?

If so, please would you provide us with a copy, along with the minutes of the meeting that you said was taking place in June to dicuss the business plan.

I look forward to hearing from you.

Yours sincerely,

Jerry Flynn
35% Campaign
www.35percent.org

Plewniak, Martyna, Southwark Borough Council

Dear Mr Flynn,

I have been advised that it is not with us yet and should be available at the beginning of September.

Please resubmit your request around that time and will aim to provide you with this information.

Yours sincerely,

Martyna Plewniak
Systems Information Project Officer
E: [email address]

show quoted sections

Dear Ms Plewniak,

Please advise as to whether the information has been provided yet. If so I would appreciate it if you would process my information request.

I look forward to hearing from you.

Yours sincerely,

Jerry Flynn
35% Campaign
www.35percent.org

Chief Executive Office, Southwark Borough Council

Southwark Council - Information request

Our reference: 843670

Dear Ms Plewniak,

According to statutory requirements, a response to this request is now long overdue.
I would appreciated a response to this information request without further delay.

I look forward to hearing from you.

Yours sincerely,

Jerry Flynn
www.35percent.org

Plewniak, Martyna, Southwark Borough Council

Dear Mr Flynn,

Please note kindly that this request was logged as a new request and it is due response on 6 November.

You should have received from us a letter of acknowledgement on 11 October, please see below. Please also note that I am currently awaiting an update with regards to it from the relevant business unit and will be providing you with one by due date at the latest.

I apologise on behalf of the council for any inconvenience this may have caused.

Yours sincerely,

Martyna Plewniak
Systems Information Project Officer

[FOI #395048 email]
Subject Information request
Cc
Bcc
Message Southwark Council - Information request

Our reference: 843670
________________________________________
Dear Sir,

Re: Your request for information: 843670

Thank you for your request for information that was received on 9 October 2017 in which you requested:

Paragraph 13.2 of the Regeneration Agreement signed between the Council and Lendlease for the redevelopment of the Heygate estate, requires Lendlease to supply the Council with an 'Annual Business Plan' on a yearly basis, which gives estimates of profit forecasts.

Last year's Annual Business Plan was dated Feb 2016, which you disclosed in accordance with our request ref:667857.

I am writing to request a full unredacted copy of this year's Annual Business Plan.

Your request is being dealt with under the Environmental Information Regulations 2004 and you will receive a response within 20 working days of the date that we received your request.

The Environmental Information Regulations 2004 defines a number of exceptions that may restrict the release of the requested information. There will be an assessment and if any of the exceptions categories apply then the information may not be released. You will be informed if this is the case, including your rights of appeal.

The information provided will be in English, normal font size. If you require alternative formats, e.g. other language, audio, large print, etc. please notify us.

If we are unable to provide you with the information requested we will notify you of this together with the reason(s) why and details of how you may appeal (if appropriate).

Further information is available through the Information Commissioner at www.ico.org.uk.
Yours faithfully,

Martyna Plewniak
Systems Information Project Officer
[email address]

Plewniak, Martyna, Southwark Borough Council

1 Attachment

Link: [1]File-List

Dear Mr Flynn,

 

Re: Your request for information: 843670

Thank you for your request for information that was received on 9 October
2017 in which you requested:

 

Paragraph 13.2 of the Regeneration Agreement signed between the Council
and Lendlease for the redevelopment of the Heygate estate, requires
Lendlease to supply the Council with an 'Annual Business Plan' on a yearly
basis, which gives estimates of profit forecasts.

 

Last year's Annual Business Plan was dated Feb 2016, which you disclosed
in accordance with our request ref:667857.

 

I am writing to request a full unredacted copy of this year's Annual
Business Plan.

 

Your request has been dealt with under Environmental Information
Regulations (EIR) 2004.

In response to it, we are able to provide the attached information.

 

Please also note that wherever the information is redacted, this is in
accordance with Regulation 12 (5) (e) under the Environmental Information
Regulations 2004, where disclosure would adversely affect or be very
likely to prejudice the commercial interests of the council and / or any
third party.

 

Having consulted with our third party developer, reliance upon an
exemption under the EIR is always subject to the requirement under
Regulation 12 (1) (b) that the public interest in maintaining the
exception outweighs the public interest in disclosing the information.

 

In this instance, the council asserts that the public interest in
providing this information does not out weigh the likely prejudice to
commercial and economic interests of the third party.

In arriving at this view, the council has considered the following factors
both for and against the release of information.

 

Factors in favour of release:

 

•           Regulation 5 of the Environmental Information Regulations
states where a public authority holds environmental information; it shall
make it available on request and, as a starting point, the council is
required to apply a presumption in favour of disclosure.

•           The specific request is in relation to a large scale
regeneration scheme covering a large area of the borough and affecting
many residents as a result.  The sheer scale of the plans carries with it
an inherent amount of public interest.

 

Factors in favour of withholding:

 

•           The redacted information is required to protect the
development model which is a trade secret and commercial in confidence.

•           In addition, the cash flow information is derived from the
viability model and is market sensitive financial information the use and
disclosure of which needs to be managed within listing requirements. Lend
Lease is ultimately listed on the Australian stock exchange and is subject
to stock exchange rules.

•           As this project is highly significant, the disclosure of
forecast cash flow information would trigger disclosure obligations to the
stock exchange which would not otherwise be necessary and the release of
such details could affect its share price and market capitalisation, its
financial strength and resource as well as its reputation.         

 

It is therefore the council’s assertion that the factors in favour of
withholding this very sensitive commercial information outweigh the
factors in favour of release and therefore in line with regulation 14 this
note acts as refusal notice.

 

If you are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, you
should write to the Corporate Freedom of Information Manager at:

Corporate Freedom of Information Officer

The Governance Team (2^nd floor)

PO Box 64529
London

SE1P 5LX
Email: [2][Southwark Borough Council request email]

 

 

If you are not content with the outcome of your appeal, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

Further information on the Freedom of Information Act is available through
the Information Commissioner at the:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire

SK9 5AF
Telephone: 0303 123 1113
Internet: [3]www.ico.org.uk

 

 

Yours sincerely,

 

 

Martyna Plewniak

Systems Information Project Officer

 

 

 

 

 

 

 

 

 

The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this in error please notify us immediately. If you
are not the intended recipient of the email or the person responsible for
delivering it to them you may not copy it, forward it or otherwise use it
for any purpose or disclose its contents to any other person. To do so may
be unlawful. Where opinions are expressed in the email they are not
necessarily those of Southwark Council and Southwark Council is not
responsible for any changes made to the message after it has been sent.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D3570D.3A3D3EC0
2. mailto:[Southwark Borough Council request email]
3. http://www.ico.org.uk/

Dear Ms Plewniak

Thank you for the information supplied.
In the light of the fact that for the second time no overage is payable to Southwark Council I am requesting a review of the decision to redact the Annual Busness Plan. The overage has been said by the Council to be a significant benefit of the Heygate redevelopment and the failure to deliver that benefit adds weight to the public interest being in favour of full disclosure.
In addition, and for the same reasons, I request the minutes of any meeting held on or for the receipt of the Annual Business Plan and any communication between Southwark, its agents, and Lendlease and its agents in relation to the Annual Business Plan.

Yours sincerely,

Jerry Flynn

Plewniak, Martyna, Southwark Borough Council

Dear Mr Flynn,

Please note I will log the first one for review, as requested, and the latter as a new request.

Yours sincerely,

Martyna Plewniak
Systems Information Project Officer
Planning Division
E: [email address]

show quoted sections

Chief Executive Office, Southwark Borough Council

Southwark Council - Information request
Our reference: 856579

Dear Sir,

Re: Your request for information: 856579

Thank you for your request for information that was received on 11
November 2017 in which you requested:

In addition, and for the same reasons, I request the minutes of any
meeting held on or for the receipt of the Annual Business Plan and any
communication between Southwark, its agents, and Lendlease and its agents
in relation to the Annual Business Plan.
Your request is being dealt with under the Freedom of Information Act 2000
and Environmental Information Regulations 2004 and you will receive a
response within 20 working days of the date that we received your request.

The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 defines a number of exemptions or exceptions that may
restrict the release of the requested information. There will be an
assessment and if any of the exemptions or exceptions categories apply
then the information may not be released. You will be informed if this is
the case, including your rights of appeal.
The information provided will be in English, normal font size. If you
require alternative formats, e.g. other language, audio, large print, etc.
please notify us.
If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why and details of how you
may appeal (if appropriate).

 

Further information is available through the Information Commissioner
at [1]www.ico.org.uk.

Yours faithfully,

 

Martyna Plewniak
Systems Information Project Officer
[email address]

The email you received and any files transmitted with it are confidential,
may be covered by legal and/or professional privilege and are intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this in error please notify us immediately. If you
are not the intended recipient of the email or the person responsible for
delivering it to them you may not copy it, forward it or otherwise use it
for any purpose or disclose its contents to any other person. To do so may
be unlawful. Where opinions are expressed in the email they are not
necessarily those of Southwark Council and Southwark Council is not
responsible for any changes made to the message after it has been sent.

References

Visible links
1. http://www.informationcommissioner.gov.uk/

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

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