ScarletPimpernel

Dear Wirral Metropolitan Borough Council,

In 2016, Wirral Metropolitan Borough Council entered into a Development Agreement with Nicklaus Joint Venture Group Limited relating to the Hoylake International Golf Resort.

Part of that contract refers to the developer (Nicklaus Joint Venture Group Limited) submitting to Wirral Council a "Phase Plan" for the project (the definition of a "phase plan" is included below for your information).

"Phase Plan" means a phasing plan to be prepared by the Developer for the delivery of the Development and submitted to the Council as part of the Funding Strategy and (once approved by the Council) as may be updated by the Developer in accordance with the terms and conditions of this Agreement

This request is for that "Phase Plan" (if it has been received by Wirral Council).

I consider this to be a request under the Environmental Information Regulations 2004 as some of what is in the Phase Plan will be "environmental information" as defined by reg 2(1) of the Environmental Information Regulations 2004.

Moving to regulation 6 (1) of the Environmental Information Regulations 2004, I am requesting that the information be supplied in an electronic format such as a PDF file.

If this is not possible, I am happy to accept a hard copy through the post (if this is the case please inform me and I will supply an address).

I remind you of your duty under regulation 9(1) to provide advice and assistance to those who make EIR requests.

Thank you.

Yours faithfully,

John Brace

O'Hare, Tracy J., Wirral Metropolitan Borough Council

Dear Mr Brace

 

Wirral Council thanks you for your recent request which has been
facilitated under The Environmental Information Regulations 2004, (EIR).

 

Wirral Borough Council can confirm that a standalone "Phasing Plan" does
not exist as such and has not been submitted to the Council.

 

We trust that this answers your enquiries

 

Yours sincerely

 

 

Tracy O'Hare

Information Management Officer

Business Management

Treasury Building

Argyle Street

Birkenhead
Wirral
CH41 1AH

[1]Tel:0151 691 8397

[2][Wirral Borough Council request email]

 

 

 

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

 

 

show quoted sections

ScarletPimpernel

Dear O'Hare, Tracy J.,

Thank you for that reply stating that Wirral Council does not have a standalone "Phasing Plan".

Bearing in mind your duties under reg.9 of the Environmental Information Regulations 2004 to provide advice and assistance, please could you clarify that when you state "a standalone "Phasing Plan" does
not exist as such and has not been submitted to the Council"

a) does this mean that Wirral Council does or does not hold this information as part of another document (such as the Funding Strategy),

and

b) if the answer to (a) is yes why hasn't this request been classed as for the part of the Funding Strategy that contains the Phase Plan (or if the Phase Plan is not a standalone document then the Funding Strategy in its entirety)?

Thank you,

Yours sincerely,

John Brace

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Dear Mr Brace

 

We write further to your recent request facilitated under The
Environmental Information Regulations 2004 (EIR) and your further
correspondence following our initial response.

 

To summarise your original request on 12^th march 2019 stated:

“In 2016, Wirral Metropolitan Borough Council entered into a Development
Agreement with Nicklaus Joint Venture Group Limited relating to the
Hoylake International Golf Resort.

Part of that contract refers to the developer (Nicklaus Joint Venture
Group Limited) submitting to Wirral Council a "Phase Plan" for the project
(the definition of a "phase plan" is included below for your information).

"Phase Plan" means a phasing plan to be prepared by the Developer for the
delivery of the Development and submitted to the Council as part of the
Funding Strategy and (once approved by the Council) as may be updated by
the Developer in accordance with the terms and conditions of this
Agreement

This request is for that "Phase Plan" (if it has been received by Wirral
Council).”

 

The councils response 10^th April 2019:

“Wirral Borough Council can confirm that a standalone "Phasing Plan" does 
not exist as such and has not been submitted to the Council.”

 

Your further correspondence 11^th April 2019 stated:

“Bearing in mind your duties under reg.9 of the Environmental Information
Regulations 2004 to provide advice and assistance, please could you
clarify that when you state "a standalone "Phasing Plan" does not exist as
such and has not been submitted to the Council"

a) does this mean that Wirral Council does or does not hold this
information as part of another document (such as the Funding Strategy),

and

b) if the answer to (a) is yes why hasn't this request been classed as for
the part of the Funding Strategy that contains the Phase Plan (or if the
Phase Plan is not a standalone document then the Funding Strategy in its
entirety)?

 

 

Wirral Borough Council can confirm in relation to your further
correspondence it received a Funding and Phasing Plan from the Nicklaus
Joint Venture Group Limited NJVG,  therefore, we do hold that information
‘phasing plan’ as requested.  However the Funding and Phasing Plan
submitted to the Council is a single document. Council does considers that
this is a commercially sensitive document given the nature of the
information contained.

 

Therefore the council wish to rely on the exception contained in
Regulation 12 (5)(e) that provides that a public authority an option
refuse to disclose information to the extent that its disclosure would
adversely affect the confidentiality of commercial or industrial
information where such confidentiality is provided by law to protect a
legitimate economic interest.   

[1]https://ico.org.uk/media/for-organisatio...

 

Regulation 12 (5)(e) is a qualified exemption therefore the public
interest test must be applied.

 

The public interest in disclosing the information
is the promotion of transparency and accountability in relation to the activities of public
authorities.

 

The public interest in withholding the information is that this concerns a
major and live project for which the Council requires space to discuss
commercial matters and issues.

 

We therefore are satisfied that the public
interest in maintaining the exemption outweighs the public interest in disclosing
and  rely on Regulation 12 (5)(e) to withhold this information.

 

You have the right under Regulation 11 to ask for this decision to be
reviewed. To do so please detail the nature of your dissatisfaction within
40 working days.

 

In the event that the Council’s review does not address your concerns, you
have the right under Regulation 18 to complain to the Information
Commissioner   [2]https://ico.org.uk/global/contact-us/

 

 

Yours sincerely

 

 

Tracy O'Hare

Information Management Officer

Business Management

Treasury Building

Argyle Street

Birkenhead
Wirral
CH41 1AH

[3]Tel:0151 691 8397

[4][Wirral Borough Council request email]

 

 

 

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

 

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References

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1. https://ico.org.uk/media/for-organisatio...
2. https://ico.org.uk/global/contact-us/
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4. mailto:[Wirral Borough Council request email]