Odeon cinema building, Bradford

Richard Killip made this Freedom of Information request to Yorkshire Forward

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Richard Killip

Dear Sirs

I require an unredacted copy of all documents that were considered in determining the winner of the Odeon site development competition. I further require the minutes of all meetings that were held in order to discuss the winner of such competition.

In addition please supply the total number of complaints your organization has received regarding any aspect of its ownership of the aforementioned building including but not limited to lack of maintenance, strategic direction, planning applications etc.

Yours faithfully

Richard Killip

Rachel Mason, Yorkshire Forward

Dear Mr. Killip,

Thank you for your request for information disclosure under the Freedom of Information Act 2000, in which you requested information concerning the Bradford Odeon Building.

I acknowledge receipt of your request received 23rd May 2011 and advise that I am dealing with it in accordance with the Act. Please quote the above reference on all future correspondence regarding your request.

Yours sincerely

Rachel Mason
Corporate Information & Data Manager

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Rachel Mason, Yorkshire Forward

Dear Mr. Killip,

Thank you for your request for information disclosure under the Freedom of Information Act 2000, in which you requested information concerning the Bradford Odeon Building.

I acknowledge receipt of your request received 23rd May 2011 and advise that I am dealing with it in accordance with the Act. Please quote the above reference on all future correspondence regarding your request.

Yours sincerely

Rachel Mason
Corporate Information & Data Manager

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Rachel Mason, Yorkshire Forward

Dear Mr. Killip,

I write in response to your request for information, which we are treating
as a request for information disclosure under the Environmental
Information Regulations 2004, in which you requested information
concerning the Bradford Odeon Building.

I confirm that Yorkshire Forward holds information within the scope of
your request. You specifically requested the following information and I
address each of your points in turn:

1. I require an unredacted copy of all documents that were
considered in determining the winner of the Odeon site development
competition.

Response: Yorkshire Forward holds the Stage 2 tender submissions of 6
developers which were considered in determining the winner of the
development competition. We are currently liaising with those developers
to gain their views on disclosure of the requested information and will
respond to you once we have obtained their views, and in any event within
20 working days of this response.

2. I further require the minutes of all meetings that were held in
order to discuss the winner of such competition.

Response: Yorkshire Forward does not hold the requested information and
is, therefore, unable to provide a copy of the information you request.

3. In addition please supply the total number of complaints your
organization has received regarding any aspect of its ownership of the
aforementioned building including but not limited to lack of maintenance,
strategic direction, planning applications etc.

Response: Yorkshire Forward has received 6 complaints raised concerning
the Bradford Odeon.

I trust this information is helpful to you.

As this request has been logged as a request for information under the
Freedom of Information Act, Yorkshire Forward is obliged to offer you the
right to complain. If you are not satisfied with the way we have handled
your request, or if you are unhappy with our response, you can appeal via
our Complaints Procedure, a copy of which is attached. The Yorkshire
Forward Directorate that has been dealing with your request is
Environment. If you are still dissatisfied after pursuing our Complaints
Procedure, then you may wish to appeal to the Information Commissioner at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF, telephone: 01625 545700, fax: 01625 524510 or email
[1][email address] The Information Commissioner's website is:
[2]www.ico.gov.uk

Yours sincerely

Rachel Mason

Corporate Infromation & Data Manager

Directline: 0113 3949677

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Rachel Mason, Yorkshire Forward

1 Attachment

Dear Mr. Killip,

I write regarding outstanding information relating to point 1 of your
Environmental Information Regulations request, specifically for an
unredacted copy of all documents that were considered in determining the
winner of the Odeon site development competition. In my e-mail of 13^th
June I confirmed that Yorkshire Forward holds the Stage 2 tender
submissions of 6 developers which were considered in determining the
winner of the development competition.

Having consulted with all 6 developers to gain their views on disclosure,
I now disclose to you 5 full copies (Ian Simpson Architects & Maro
Developments, Bioregional Quintain, PPG Land Ltd, Garbe, and Nikal Ltd)
and 1 redacted copy (Langtree Group PLC & Artisan) of the Stage 2 Tender
submissions held by Yorkshire Forward.

Regarding the Langtree Group PLC & Artisan tender submission, the
developers have asked that their development appraisal, cashflow, QS cost
plan and letters from their bank regarding a credit facility (all of which
we have removed) are withheld from disclosure to you because they consider
these items to be commercially confidential. We, therefore, apply the
Regulation 12(5)(e) exception to this information only - the
confidentiality of commercial or industrial information where such
confidentiality is provided by law to protect a legitimate economic
interest.

We have applied the Information Commissioner's three-stage test relating
to commercial confidentiality/commercial interests:

1. Are the interests that will be prejudiced commercial? Langtree Group
PLC & Artisan consider that the information requested is commercial, and
their interest in the information is commercial, because the information
relates to the commercial position of Langtree Group PLC & Artisan and its
proposal in relation to the Bradford Odeon Building and development
scheme.

2. What is the nature of the prejudice in question? The nature of the
prejudice likely to be experienced would be that the development appraisal
is commercially sensitive as this contains advice and assumptions that are
personal to Langtree Group PLC & Artisan and could be used by a
competitor.

3. What is the likelihood of the prejudice occurring? Langtree Group
PLC & Artisan consider that it is highly likely that prejudice would occur
to their commercial interests if we were to disclose commercially
confidential information regarding the financial and commercial interests
of Langtree Group PLC & Artisan. Although the information in question is 6
years old there is still some information that Langtree Group PLC &
Artisan do not want their competitors to see, for instance their
assumptions on rents, as this could be used to prevent Langtree Group PLC
& Artisan from charging more than those assumptions, as an agent could
argue that they've seen what assumptions Langtree Group PLC & Artisan have
used in a previous appraisal.

Yorkshire Forward, therefore, believes that Regulation 12(5)(e) is
engaged. The exception requires a public interest test to be carried
out. When applying the test, the public authority is simply deciding
whether in all circumstances of the case, it serves the interests of the
public better to withhold or disclose the information.

Disclosure would demonstrate transparency in the decision making process
that lead to the award of the contract, and Yorkshire Forward recognises
that the Odeon Building and scheme this is an important and high profile
project within Bradford. However, disclosure of this information would
make it highly unlikely in competitive sectors that Langtree Group PLC &
Artisan would provide Yorkshire Forward with commercially sensitive
information. Releasing commercially confidential information would make it
extremely difficult for Langtree Group PLC & Artisan to conduct and
conclude future commercial transactions with development partners without
suffering commercially as a result as it is highly likely that disclosure
would give their competitors an advantage in such transactions.

Disclosure may also prejudice Langtree Group PLC & Artisan's reputation
and the confidence that development partners may have in them. These
matters also form part of Langtree Group PLC & Artisan's commercial
interests.

Disclosure would also prejudice Yorkshire Forward's commercial interests
because it is clear from Langtree Group PLC & Artisan's position that the
information is commercially confidential, notwithstanding the erosion of
time, and that consequently Yorkshire Forward would be vulnerable to a
legal action for a breach of confidence. We consider that the public
interest in favour of disclosing such information is outweighed at this
time by the necessity to protect the commercial interests of Langtree
Group PLC & Artisan and Yorkshire Forward.

Due to the volume, it is necessary to send this information in zipped
format to you via 7 separate e-mails, 3 of which are sent to you today.
The remaining 4 will be sent to you on Monday 11^th July as they are
currently being zipped by our IT department and I am out of the office
tomorrow.

I trust the information we have been able to provide is helpful to you.

As this request has been logged as a request for information under the
Freedom of Information Act, Yorkshire Forward is obliged to offer you the
right to complain. If you are not satisfied with the way we have handled
your request, or if you are unhappy with our response, you can appeal via
our Complaints Procedure, a copy of which is attached. The Yorkshire
Forward Directorate that has been dealing with your request is
Environment. If you are still dissatisfied after pursuing our Complaints
Procedure, then you may wish to appeal to the Information Commissioner at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF, telephone: 01625 545700, fax: 01625 524510 or email
[1][email address] The Information Commissioner's website is:
[2]www.ico.gov.uk

Yours sincerely

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

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Rachel Mason, Yorkshire Forward

6 Attachments

From: Rachel Mason
Sent: 07 July 2011 17:48
To: '[FOI #72182 email]'
Subject: Freedom of Information Request - Yorkshire Forward Reference
EIR-4496/07/11 3 of 7

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

show quoted sections

Rachel Mason, Yorkshire Forward

7 Attachments

From: Rachel Mason
Sent: 07 July 2011 17:48
To: '[FOI #72182 email]'
Subject: Freedom of Information Request - Yorkshire Forward Reference
EIR-4496/07/11 2 of 7

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

show quoted sections

Rachel Mason, Yorkshire Forward

3 Attachments

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

show quoted sections

Rachel Mason, Yorkshire Forward

2 Attachments

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

show quoted sections

Rachel Mason, Yorkshire Forward

4 Attachments

  • Attachment

    Marco Developments Ian Simpson.zip

    2.5M Download

  • Attachment

    Marco Developments Ian Simpson.z01.zip

    5.0M Download

  • Attachment

    Marco Developments Ian Simpson.z02

    5.0M Download

  • Attachment

    Marco Developments Ian Simpson.z03

    5.0M Download

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

show quoted sections

Rachel Mason, Yorkshire Forward

6 Attachments

From: Rachel Mason
Sent: 07 July 2011 17:48
To: '[FOI #72182 email]'
Subject: Freedom of Information Request - Yorkshire Forward Reference
EIR-4496/07/11 3 of 7

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

show quoted sections

Rachel Mason, Yorkshire Forward

5 Attachments

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Apologise for the delay in responding to you. This e-mail now concludes
your information request, therefore, please confirm safe receipt of all 7
e-mails.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

show quoted sections

Rachel Mason, Yorkshire Forward

5 Attachments

To view the information save all the files to one folder then open up the
zip file first, I'm reliably informed that you will be able to access all
the documents. If you have any problems contact Tel: 0113 3945606.

Apologise for the delay in responding to you. This e-mail now concludes
your information request, therefore, please confirm safe receipt of all 7
e-mails.

Kind Regards

Rachel Mason

Corporate Infromation Manager

Directline: 0113 3949677

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Dear Rachel

I am pleased to confirm receipt of all 7 emails.

Many thanks

Richard Killip