Dear Mr Galbraith

Your request for information: 202051
Thank you for your request for information dated on 25 January 2012 in
which you requested information under the Freedom of Information Act 2000
[“the Act”].

Can you please provide:
    
1.  Any working notes, meeting minutes, internal or external 
correspondence (including attachments) and documentation relating to
Planning Application 11/AP/3157.

    
For the sake of clarity this request encompasses details of said 
documentation and communications that have taken place between any    
Councillors, Officers, Consultants, Statutory Bodies, Trusts,    
Charities, Government Advisors, Residents, the Planning Applicants and
their representatives including but not limited to Sail Greenwich Limited,
Madge Bailey Associates, Genesis TCC Ltd, Het Nautish Evenementen Bureau
(Nautical Events Office), Paulus Mooyman, Laurens Winkel, Gary N Smith and
Ian White.

    
 If there are any documents that would be covered by this request  but
deemed to fail the public interest test in determining their  release I
would request that they be released in redacted form.

    
Under section 39 of the Act, we are not required to provide information
considered to be ‘environmental information’ as set out in Regulation 2 of
the Environmental Information Regulations.

Therefore in line with section 17 of the Act, this letter acts as a
refusal notice.
However, your request is being dealt with under the Environmental
Information Regulations 2004 and you will receive a response within 20
working days of the date that we received your request.

The Environmental Information Regulations 2004 defines a number of
exceptions that may restrict the release of the requested information.
There will be an assessment and if any of the exceptions categories apply
then the information may not be released. You will be informed if this is
the case, including your rights of appeal.

The information provided will be in English, normal font size. If you
require alternative formats, e.g. other language, audio, large print, etc.
please notify us.

If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why and details of how you
may appeal (if appropriate).
Further information is available through the Information Commissioner at
the:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire. SK9 5AF
Telephone: 01625 545 700
Internet: [1]www.informationcommissioner.gov.uk
Yours sincerely

Martyna Plewniak
System information project officer
E: [email address]

References

Visible links
1. http://www.informationcommissioner.gov.uk/

Dear Mr Galbraith

Your request for information: 202051

Thank you for your request for information dated on 25 January 2012 in
which you requested information under the Freedom of Information Act 2000.

Can you please provide:
    
1.  Any working notes, meeting minutes, internal or external 
correspondence (including attachments) and documentation relating to
Planning Application 11/AP/3157.

    
For the sake of clarity this request encompasses details of said 
documentation and communications that have taken place between any
Councillors, Officers, Consultants, Statutory Bodies, Trusts, Charities,
Government Advisors, Residents, the Planning Applicants and their
representatives including but not limited to Sail Greenwich Limited, Madge
Bailey Associates, Genesis TCC Ltd, Het Nautish Evenementen Bureau
(Nautical Events Office), Paulus Mooyman, Laurens Winkel, Gary N Smith and
Ian White.

    
If there are any documents that would be covered by this request but
deemed to fail the public interest test in determining their  release I
would request that they be released in redacted form.

Your request has been dealt with under the Environmental Information
Regulations 2004. 
In response to your request, we are able to provide the following
information attached below:

Date    Summary Released / Redacted    
22 Sep 2011     Initial Meeting Notes   Some redactions in line with
Regulation 13 – Personal Information      
Sep 2011        Meeting notes   Some redactions in line with Regulation 13
– Personal Information      
29 Sep 2011     Briefing Note   Released in full       
6 Oct 2011      Email regarding ecology Released in full       
18 Oct 2011     Legal advice regarding ecology  Some redactions in line
with Regulation 12 (5) (d) – Legal Professional Privilege      
19 Oct 2011     Feedback sent   Some redactions in line with Regulation 13
– Personal Information      
20 Oct 2011     Response to feedback    Some redactions in line with
Regulation 13 – Personal Information      
08 Nov 2011     Re-consultation Released in full       
10 Nov 2011     Feedback on revised application Some redactions in line
with Regulation 13 – Personal Information      
11 Nov 2011     Officer query to legal and response     Some redactions in
line with Regulation 12 (5) (d) – Legal Professional Privilege      
17 Nov 2011     Cllr Concerns raised    Some redactions in line with
Regulation 13 – Personal Information      
24 Nov 2011     Response to concerns    Some redactions in line with
Regulation 13 – Personal Information      
In applying the exceptions; Regulation 13 – Personal data and Regulation
12(5)(d) – where the confidentiality of the proceedings of that or any
other public authority where such confidentiality is provided by law
(namely common Law of Legal Professional Privilege), we have had to
balance the public interest in withholding the information against the
public interest in disclosure.

The overriding factor in favour of releasing the information is the
general presumption in the Regulations in favour of release.  This is
combined with the need to ensure openness and transparency in all council
business.

Regulation 13 – Personal Data:
The information redacted in each instance stated above, is in relation to
specific personal details from which third parties are able to be
identified such as names and contact details and therefore the council
considers this exception to be engaged.

 
The factors considered in withholding this information were:

* The fact that individuals have a right to privacy and when releasing
information in response to a request, it is considered releasing it to
the public at large
* The fact that the substance of the information has not been redacted
and the identity of any third parties is not integral to the
information provided

The council has fully considered all factors involved and believes the
factors in favour of withholding the personal information outweigh the
factors in favour of release and therefore in accordance with Regulation
14 this acts as a refusal to provide that information.

Regulation 12(5)(d) – where the confidentiality of the proceedings of that
or any other public authority where such confidentiality is provided by
law (namely common Law of Legal Professional Privilege).  The information
withheld in the two email exchanges listed above relates to legal advice
sought by council officers, from our internal legal team and therefore the
council considers this exception to be engaged.

The factors considered in withholding this information were:

* The fact the council has the right to seek legal advice to ensure it
is operating lawfully
* The fact the council has the right to engage in a free and frank
exchange of ideas and opinions in relation to that advice
* The fact the majority of information requested is provided and that
redaction has been kept to an absolute minimum

The council has fully considered all factors involved and believes the
factors in favour of withholding the legal advice outweigh the factors in
favour of release and therefore in accordance with Regulation 14 this acts
as a refusal to provide that information.

You are free to use the information provided for your own purposes,
including any   non-commercial research you are doing and for the purposes
of news reporting.   Any other re-use, for example commercial publication,
requires the permission of the copyright holder. 

You may apply for permission to re-use this information by submitting a
request to [1][Southwark Borough Council request email]; you can find details on these
arrangements at [2]http://www.southwark.gov.uk/YourCouncil/...
Detailed advice about the Reuse of Public Sector Information Regulations
(PSI) 2005 is available from the Office of Public Sector Information at:
[3]http://www.opsi.gov.uk/advice/index.htm.

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, please
write to the:

Corporate Freedom of Information Officer
The Governance Team (2^nd Floor)
PO BOX 64529
London.  SE1 5LX
Email: [4][Southwark Borough Council request email]

If you are not content with the outcome 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: 01625 545 700
Internet: [5]www.informationcommissioner.gov.uk

<<110922 Initial Meeting Notes Redacted R13.pdf>> <<Sep 11 Meeting Notes
Redacted R13.pdf>> <<110929 Briefing note.pdf>> <<111006 Ecology
email.pdf>> <<111018 Ecology with legal advice Redacted R12 5 d.pdf>>
<<111019 Feedback to Applicant Redacted R13.pdf>> <<111020 Response to
feedback Redacted R13.pdf>> <<111108 Consultation extension.pdf>> <<111110
Feedback on revised application Redacted R13.pdf>> <<111111 Legal Advice
Redacted R12 5 d.pdf>> <<111117 Email Cllr Concerns Redacted R13.pdf>>
<<111124 Applicant response to concerns Redacted R13.pdf>>

Regards,
Laura Wannop

Corporate strategy
Deputy chief executive's department
5th floor, hub 4
PO Box 64529, London SE1P 5LX
160 Tooley Street, London SE1 2QH

[6]www.southwark.gov.uk/regeneration

References

Visible links
1. mailto:[Southwark Borough Council request email]
2. http://www.southwark.gov.uk/YourCouncil/...
3. http://www.opsi.gov.uk/advice/index.htm
4. mailto:[email address]
5. http://www.informationcommissioner.gov.uk/
6. file://www.southwark.gov.uk/regeneration