Dear Southwark Council,
Paragraph 13.2 of the Regeneration Agreement signed between the Council and Lend Lease for the redevelopment of the Heygate estate, requires Lend Lease to supply the Council with an 'Annual Business Plan' on a yearly basis.
Given the ongoing public interest surrounding the deal struck with Lend Lease, I am writing to request the most recent copy of this annual business plan.
I look forward to hearing from you.
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Southwark Council - Information request
Our reference: 667857
Dear Mr Flynn,
Re: Your request for information: 667857
I am writing further to your request for information dated 21 June 2016 to
advise you that we have now completed our search for the information you
Paragraph 13.2 of the Regeneration Agreement signed between the Council
and Lend Lease for the redevelopment of the Heygate estate, requires Lend
Lease to supply the Council with an 'Annual Business Plan' on a yearly
Given the ongoing public interest surrounding the deal struck with Lend
Lease, I am writing to request the most recent copy of this annual
Your request has been dealt with under Environmental Information
Regulations (EIR) 2004.
In response to your request, please find the attached information.
Please also note 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
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
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
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 a 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
Email: [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
Telephone: 0303 123 1113
System Information Project Officer
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