Heygate estate regeneration - Annual Business Plan

The request was partially successful.

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.

Yours faithfully,

Jerry Flynn
35% Campaign
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.

 

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

 

If your correspondence relates to an existing case - we will add it to
your case and it will be considered by the allocated case officer.

 

If you have requested advice - we aim to respond within 10 working days.

 

Copied correspondence - we do not respond to correspondence that has been
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,
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.southwark.gov.uk/info/200031/...

Regeneration, Southwark Borough Council

1 Attachment

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
requested:

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.

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
party.

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 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
London

SE1P 5LX
Email: [1][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: [2]www.ico.org.uk

 

Yours sincerely,

 

Martyna Plewniak
System Information Project Officer

 

 

 

 

 
 

References

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

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org