NJVG Development Agreement

The request was successful.

John H Hutchinson

Dear Wirral Metropolitan Borough Council,

further to the appeal over ICO request to disclose Hoylake Golf Resort contract (EA/2017/0191) ending with First-tier Tribunal Judge Farrer QC, Wirral Council and ICO agreeing to partial disclosure, I shall be grateful if Council will disclose those parts of the Agreement to which it has given its agreement should be disclosed.

I specifically refer to the terms of the Appeal that was allowed saying under Para 3
'The following order, which reflects the terms set out at paragraph 3 of Annex A to this order, shall be substituted for the Commissioner’s order at paragraph 3 of the Decision Notice –

“The Tribunal requires Wirral Metropolitan Council to take the following steps to ensure compliance with the legislation –

Disclose the Amended Annotated Development Agreement at pages 256 – 351 of the Closed Bundle prepared for the appeal hearing, save the passages annotated in green and any marginal green notes, which may be withheld.

The Commissioner’s order at paragraph 2 of the Decision Notice stands.” '

Yours faithfully,

John H Hutchinson

ScarletPimpernel left an annotation ()

Hi John Hutchinson,

The requirement of the consent order in that case was to disclose the partially redacted contract to myself (John Brace) who had requested it.

I was not a party tot the First-tier Tribunal case, because I had concerns (upheld at appeal) over First-tier Tribunal Judge John Farrer QC to make lawful decisions on costs in a previous case (EA/2016/0054) - see [2019] UKUT 305 (AAC) - https://www.gov.uk/administrative-appeal... . The costs application of MFRA that led to this appeal has recently been withdrawn.

I did apply to be a party in the First-tier Tribunal case about the contract (as the original requster) but First-tier Tribunal Judge John Farrer QC refused the request to add me as a party.

First-tier Tribunal Judge Farrer retired as a First-tier Tribunal Judge later in 2018 having reached the age of 75 years old.

However, after receiving what I did through the post by Wirral Council as a result of the consent order in the case, I did publish what I got it on my website, here is a link to it (published in February 2018) - https://johnbrace.com/whats-in-wirral-co... .

So I hope that is useful.

John B

ScarletPimpernel left an annotation ()

Sorry that first link is just to the first 25 A4 pages, I later published the rest of it here https://johnbrace.com/whats-in-wirral-co... .

Hope that's useful!


ScarletPimpernel left an annotation ()

Here's a direct link to a zipped file that contains images of all pages - https://johnbrace.com/CCF12022018_00000.... .

John B

John H Hutchinson left an annotation ()

Thank you for the e-link to the images of the Report, which is much appreciated.

John H Hutchinson

Dear Wirral Metropolitan Borough Council,
I shall be grateful to receive your overdue response.

Yours faithfully,

John H Hutchinson

Dear Wirral Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'NJVG Development Agreement'.

This request is made

1. to ascertain the reasons for the long delay, and

2. to receive Council's response to my request "I shall be grateful if Council will disclose those parts of the Agreement to which it has given its agreement should be disclosed."

Thank you.


A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

John H Hutchinson

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

2 Attachments

Dear Mr Hutchinson


Thank you for your email enquiry of 16 July 2020 in which you requested
that Wirral Council disclose an Amended Annotated Development Agreement,
agreed to be disclosed following an appeal over a request to disclose
Hoylake Gold Resort contract EA/2017/0191.   We have considered your
request under the Freedom of Information Act 2000 and under the
Environmental Information Regulations 2004.


We note that the Council had previously agreed by consent to disclose the
relevant documentation as part of the appeal hearing to which you referred
in your request.


We further note that the Amended Annotated Development Agreement was sent
to you by email dated 29 March 2018 in response to a separate request for
information you made to the Council on 2 March 2018.  In any event, we
enclose a further copy for your information.


We apologise for the delay in the handling of your request. We trust that
you are satisfied that you have the information you have requested.


Yours sincerely



Lynette Paterson

Principal Information Management Officer

Wirral Council

Treasury Building

Cleveland Street



CH41 1AH


Email: [1][Wirral Borough Council request email]


Visit our website: [2]www.wirral.gov.uk






show quoted sections

Dear InfoMgr, FinDMT,

Thank you!

I did not know that the copy I had sought with this request was the same in every respect to the one previously received.

Yours sincerely,

John H Hutchinson