Projections for Income and costs relating to proposed Regeneration Projects in Bognor Regis

The request was refused by Arun District Council.

Dear Arun District Council,

Please supply the following information if available and if not available please give reason:

1. Arun projects 95 flats to be built on the Hothamton site, does it expect to undertake this work itself or to bring in e.g. a developer/housing association?

2. What order of income stream would it anticipate either from direct rents or from property lease to an operator?

3. If no such projection exists explain how and why the Council has indicted this preferred use of land in its ownership?

4. Have there been any discussions/negotiations with another Developer? If not, why not?

5. What level of council tax would be expected from such a development? Would this be likely to exceed business rate from a commercial development?

6. Please explain how any decision to develop flats on the site could be made without consideration of points 1-5 above?

7. Has Whitbread confirmed its interest to develop a hotel on the Regis Centre site as described in Council minutes in July? Or has it stated that this is not the case?

8. In deciding to develop a Linear Park on the Hothamton site, what specific part of the Local Plan was considered in relation to this?

9. Also, was there any specific, minuted consideration of aspects of The Bognor Regis Neighbourhood Plan's reference to the Hothamton area, specifically the intent to use for flats and re the Sunken Gardens?

10. Please give the anticipated timetable for a) the Linear Park through to opening, and also an indicative timetable for the flats development?

11. In what ways would flats constitute Regeneration of the area, and have other developers' ideas been considered? If not, why not?

12. To date, what potential funding sources has the Council identified for the Hothamton proposals from:

I its own income, including reserves

II public sources including loan finance

III private finance

Yours faithfully,

Jan Cosgrove

Infomanagement, Arun District Council

Dear Mr Cosgrove

 

Thank you for your Information Request received on 14 December
2018.                  

 

REQUEST:

 

Please supply the following information if available and if not available
please give reason:

 

1.   Arun projects 95 flats to be built on the Hothamton site, does it
expect to undertake this work itself or to bring in e.g. a
developer/housing association?

 

2.  What order of income stream would it anticipate either from direct
rents or from property lease to an operator?

 

3.  If no such projection exists explain how and why the Council has
indicted this preferred use of land in its ownership?

 

4.  Have there been any discussions/negotiations with another Developer? 
If not, why not?

 

5.  What level of council tax would be expected from such a
development?    Would this be likely to exceed business rate from a
commercial development?

 

6.  Please explain how any decision to develop flats on the site could be
made without consideration of points 1-5 above?

 

7.   Has Whitbread confirmed its interest to develop a hotel on the Regis
Centre site as described in Council minutes in July?   Or has it stated
that this is not the case?

 

8.  In deciding to develop a Linear Park on the Hothamton site, what
specific part of the Local Plan was considered in relation to this?

 

9.  Also, was there any specific, minuted consideration of aspects of The
Bognor Regis Neighbourhood Plan's reference to the Hothamton area,
specifically the intent to use for flats and re the Sunken Gardens?

 

10.  Please give the anticipated timetable for a) the Linear Park through
to opening, and also an indicative timetable for the flats development?

 

11.   In what ways would flats constitute Regeneration of the area, and
have other developers' ideas been considered?    If not, why not?

 

12.  To date, what potential funding sources has the Council identified
for the Hothamton proposals from:

 

I     its own income, including reserves

 

II      public sources including loan finance

 

III      private finance

 

 

RESPONSE:

 

Please be advised regarding the following questions:-

 

·         Question 1 to Question 8

·         Question 10 and Question 11

 

The questions above do not meet the request for recorded information; this
may include explanations, clarification of policy, comments on the public
authorities business, and any other correspondence that does not follow
the definition of a valid request in section 8.

 

Information requests are expected to fulfil the requirements of section 8
in order to constitute valid requests and must describe the information
requested of the Council.  The Information Commissioner has considered
whether general questions fall into this remit and has concluded that
public authorities are not required to answer questions generally unless
the answers are already held in a recorded form.

 

That said, the Information Management Team will pass these questions onto
Mrs D Vine, Group Head of Economy, with a request that Mrs Vine responds
directly to you.

 

Question 9 and Question 12:-

 

Please be advised that the information relating to Question 9 and Question
12 can be found on the Council’s website at the following link:

 

[1]https://www.arun.gov.uk/full-council

 

Please see Full Council on 10 January 2018.

 

If you are dissatisfied with the way your request for information has been
handled, you can write asking for a review of the Council’s response,
within the next two months, to the Information Management Team at: Arun
District Council, Arun Civic Centre, Maltravers Road, Littlehampton, West
Sussex, BN17 5LF (email [2][Arun District Council request email]).

 

If, having exhausted our review procedure, you remain dissatisfied with
the handling of your request or complaint, you will have a right to appeal
to the Information Commissioner at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (telephone: 0303
123 1113; website [3]www.ico.org.uk).  There is no charge for making an
appeal.

 

Yours sincerely,

 

 

Information Management Team

Arun District Council

 

 

 

+------------------------------------------------------------------------+
| Information Management Team  |  [4]Arun District Council | |
| Location: Second Floor , |
| |
| Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF |
| |
| Internal: 37709 | External: +44 (0) 1903 737709 | E-mail: |
| [5][Arun District Council request email] |
| |
| Visit Arun's web site at [6]www.arun.gov.uk  P Save the environment - |
| think before you print. |
+------------------------------------------------------------------------+

 

 

 

[7]http://www.arun.gov.uk 
DX 57406 Littlehampton
You can view Arun District Council’s Privacy Policy from 
https://www.arun.gov.uk/privacy-policy

Important Notice This e-mail is intended exclusively for the addressee and
may contain information that is confidential and/or privileged. If you are
not the intended recipient (or authorised to receive it for the
addressee), please notify the sender and delete the e-mail immediately;
using, copying, or disclosing it to anyone else, is strictly prohibited
and may be unlawful. Any views, opinions or options presented are solely
those of the author and do not necessarily represent those of Arun
District Council. The information in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000, therefore we cannot
guarantee that we will not provide the whole or part of this e-mail to a
third party. The Council reserves the right to monitor e-mails in
accordance with relevant legislation. Whilst outgoing e-mails are checked
for viruses, we cannot guarantee this e-mail is virus-free or has not been
intercepted or changed and we do not accept liability for any damage
caused. Any reference to "e-mail" in this disclaimer includes any
attachments.
**********************************************************************

References

Visible links
1. https://www.arun.gov.uk/full-council
2. mailto:[Arun District Council request email]
3. http://www.ico.org.uk/
4. http://www.arun.gov.uk/
5. mailto:[Arun District Council request email]
6. blocked::blocked::http://www.arun.gov.uk/ blocked::http://www.arun.gov.uk/
file:///tmp/blocked::http:/www.arun.gov.uk/
7. http://www.arun.gov.uk/

Dear Infomanagement,

Thank you, please ask Ms Vine to write to me as soon as possible.

With regard to your responses: I have asked below for clarifications:

REQUEST
Please supply the following information if available and if not available
please give reason:

1. Arun projects 95 flats to be built on the Hothamton site, does it
expect to undertake this work itself or to bring in e.g. a
developer/housing association?

Q1 Are you saying that there is no record at the Council of the proposed plan that 95 flats be built on the site and how that might be achieved?

2. What order of income stream would it anticipate either from direct
rents or from property lease to an operator?

Q2 Are you saying that there have been no projections or forecasts re the income from flats rental?

3. If no such projection exists explain how and why the Council has indicted this preferred use of land in its ownership?

Q3 As with 2, the Council has done no such calculations?

4. Have there been any discussions/negotiations with another Developer? If not, why not?

-

5. What level of council tax would be expected from such a development? Would this be likely to exceed business rate from a commercial development?

Q5 Again, no record of any work on such projections?

6. Please explain how any decision to develop flats on the site could be
made without consideration of points 1-5 above?

-

7. Has Whitbread confirmed its interest to develop a hotel on the Regis Centre site as described in Council minutes in July? Or has it stated that this is not the case?

Q7 That is a simple question which can be answered? Does the Council have communication from Whitbread re the Council's minuted statement on 18 July 2018 either confirming or denying the Council's claims in those minutes? A negative response by them was reported in local media, has the Council any communication from Whitbread? I also ask you to clarify whether, apropos the minutes of 18 July 2018, Arun Arts has confirmed or otherwise any willingness to discuss surrendering its underlease? These minutes also mention financial assistance re the site after such surrender, and I ask whether there is record of this other than those minutes, including any suggested funding levels?

8. In deciding to develop a Linear Park on the Hothamton site, what
specific part of the Local Plan was considered in relation to this?

Q8 Are you saying that there is no record that the Local Plan was considered re the Linear Park? I cannot see that in minutes.

9. Also, was there any specific, minuted consideration of aspects of The
Bognor Regis Neighbourhood Plan's reference to the Hothamton area,
specifically the intent to use for flats and re the Sunken Gardens?

Q9 Minute 366 makes no specific reference to the treatment of the Sunken Gardens in the BR Neighbourhood Plan, so your answer is incorrect. Please confirm whether or not the Council holds the specific information I have asked for.

10. Please give the anticipated timetable for a) the Linear Park through
to opening, and also an indicative timetable for the flats development?

Q10 Confirm that you mean there is no timetable in respect of either matter held by the Council? That there is no such recorded information? That would appear to be contradicted by reports in the media made by the Council?

11. In what ways would flats constitute Regeneration of the area, and have other developers' ideas been considered? If not, why not?

12. To date, what potential funding sources has the Council identified
for the Hothamton proposals from:

I its own income, including reserves
II public sources including loan finance
III private finance

Q12 I can find no such mention in the minutes, the tone is more general. Please answer whether the Council has record of such matters.

As appropriate, 'records' here embraces:

* minutes
* Officers reports both internal and to Councillors
* Email, written and other recorded information between officers, and between officers and councillors including Cabinet members involved in aspects of these matters.

Yours sincerely,

Jan Cosgrove

Infomanagement, Arun District Council

Dear Mr Cosgrove

Thank you for your reply back below.

Please be advised that we have passed part of your email to Mrs D Vine to respond to the clarifications relating to the questions that Mrs Vine will respond to.

The Information Management Team will respond on Question 9 and Question 12 in due course.

Yours sincerely

Information Management Team
Arun District Council

Information Management Team  |  Arun District Council | Location: Second Floor ,
Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF
Internal: 37709 | External: +44 (0) 1903 737709 | E-mail: [Arun District Council request email]
Visit Arun's web site at www.arun.gov.uk Save the environment - think before you print.

show quoted sections

Dear Infomanagement,

Thank you

Yours sincerely,

Jan Cosgrove

Denise Vine, Arun District Council

Replies to non-Freedom of Information questions in red below.

 

 

Please supply the following information if available and if not available
please give reason:

 

1.   Arun projects 95 flats to be built on the Hothamton site, does it
expect to undertake this work itself or to bring in e.g. a
developer/housing association?

 

Q1   Are you saying that there is no record at the Council of the proposed
plan that 95 flats be built on the site and how that might be achieved?

 

Answer 1 – the Council has yet to decide what development approach it will
take to deliver this site and the commercial / residential development. A
report with recommendations will be presented to a future sub-committee
meeting and prior to the site being marketed.

 

2.  What order of income stream would it anticipate either from direct
rents or from property lease to an operator?

 

Q2 Are you saying that there have been no projections or forecasts re the
income from flats rental?

 

Answer 2 – as above

 

3.  If no such projection exists explain how and why the Council has
indicted this preferred use of land in its ownership?

 

Q3 As with 2, the Council has done no such calculations?

 

Answer 3 - The financial viability and possible delivery approaches for
the Hothamton site were considered in an exempt report to Full Council in
January 2018.

 

4.  Have there been any discussions/negotiations with another Developer? 
If not, why not?

 

Answer 4 - No, there has not. The Council has yet to decide what
development approach it will take to deliver the commercial / residential
development

 

5.  What level of council tax would be expected from such a
development?    Would this be likely to exceed business rate from a
commercial development?

 

Q5  Again, no record of any work on such projections?

 

Answer 5 - That figure is not known as we do not know the number of
residential units nor the final size of the commercial area.

 

6.  Please explain how any decision to develop flats on the site could be
made without consideration of points 1-5 above?

 

Answer 6 - The financial viability and possible delivery approaches for
the Hothamton site were considered in an exempt report to Full Council in
January 2018.

 

7.   Has Whitbread confirmed its interest to develop a hotel on the Regis
Centre site as described in Council minutes in July?   Or has it stated
that this is not the case?

 

Q7 That is a simple question which can be answered?   Does the Council
have communication from Whitbread re the Council's minuted statement on 18
July 2018 either confirming or denying the Council's claims in those
minutes?   A negative response by them was reported in local media, has
the Council any communication from Whitbread?   I also ask you to clarify
whether, apropos the minutes of 18 July 2018, Arun Arts has confirmed or
otherwise any willingness to discuss surrendering its underlease?   These
minutes also mention financial assistance re the site after such
surrender, and I ask whether there is record of this other than those
minutes, including any suggested funding levels?

 

Answer 7 - The Council has been in communication with Whitbread. As this
is part of a commercially sensitive negotiation we are not able to provide
any further detail at this time. There has not been any formal
communication with Arun Arts regarding the surrender of their underlease. 
The minutes refer to the budget provision for the running costs of the
Regis Centre after the lease is surrendered.

 

8.  In deciding to develop a Linear Park on the Hothamton site, what
specific part of the Local Plan was considered in relation to this?

 

Q8  Are you saying that there is no record that the Local Plan was
considered re the Linear Park?  I cannot see that in minutes.

 

Answer 8 - Report to Full Council on 8th March 2017 – The Regis Centre and
Hothamton Car Parks Feasibility Studies Update – Includes in the exempt 
2017 Regis Centre & Hothamton Masterplans Market, Viability & Delivery
Report  Appendix A: Planning Policy Review setting out relevant planning
policies and guidance set out in the Arun District Development Plan,
Bognor Regis Neighbourhood Development Plan 2016  together with the
National Planning Policy Framework .

 

 

10.  Please give the anticipated timetable for a) the Linear Park through
to opening, and also an indicative timetable for the flats development?

 

Q10  Confirm that you mean there is no timetable in respect of either
matter held by the Council?   That there is no such recorded
information?   That would appear to be contradicted by reports in the
media made by the Council?

 

Answer 10 - The council is finalising the delivery programme for the park
with the design team. Broadly speaking it is expecting to submit a
planning application for the Pavilion Park and car park in 2019. Subject
to the planning application being approved, start on site in 2020 and
complete in 2021.

 

No timeframe for the delivery of the residential and commercial
development on the western side of the site has been agreed.

 

11.   In what ways would flats constitute Regeneration of the area, and
have other developers' ideas been considered?    If not, why not?

 

Answer 11- The Council’s plans for regenerating its two key council owned
sites in Bognor Regis were developed as a result of initial public
consultation carried out extensively over six weeks in 2015. Hundreds of
people took part and the results showed overwhelming support for
transforming the Regis Centre and Hothamton sites into spaces with
restaurants and cafes, theatre and arts, and public spaces and gardens,
including a water feature. The Council then looked at the feasibility of
delivering a range of options and ideas and the viability of them. This
included a wide range of leisure uses, including a 1100 seater  theatre.
The exempt  2017 Regis Centre & Hothamton Masterplans Market, Viability &
Delivery Report  reviewed and tested these options and the market demand
of major leisure operators. The subsequent regeneration proposals were
then based on these findings. The report to Full Council on 8th March 2017
– The Regis Centre and Hothamton Car Parks Feasibility Studies Update -
summarises the conclusions of the Market, Viability and Delivery Report.

 

The Bognor Regis ‘Gardens by the Sea’ Masterplan concept was supported by
Full Council and included a bespoke leisure facility - the Winter Gardens
- combined with a refurbished or new (450 seater) theatre.  This will be a
permanent /  all seasons attraction in Bognor Regis.  The masterplan also
proposes residential development on both the Regis Centre and Hothamton
site. Mixed use development is an established way to support regeneration
in urban areas. People rejuvenate places and creating better places where
people can live, work and spend their leisure time are fundamental to
successful regeneration projects.  The masterplan proposals include all
these elements plus many improvements to public spaces. The Council is
likely to be making a significant financial investment in the none
commercial elements of the masterplan, such as the park, and any financial
returns from the residential / commercial developments will be reinvested
into the those parts of the masterplan that are for the benefit of the
wider community.

 

Regeneration is not the sole responsibility of the public sector, the
private sector also has a major role. Significant investment and
development is already taking place in Bognor Regis that is contributing
to the rejuvenation and regeneration of the town. The Council has
commissioned a new website highlighting this recent investment and the
opportunities coming forward. Please look at
[1]https://www.bognorregisregeneration.com/

 

 

 

 

Denise

 

 

Denise Vine |Group Head of Economy, Directorate of Place, [2]Arun District
Council | Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF
Internal: 37846| External: 01903 737846|[mobile number]| E-mail:
[3][email address]

Visit Arun's webs site at:

                  
[4]www.arun.gov.uk       [5]www.bognorregisregeneration.com/    
[6]www.sussexbythesea.com          

[7]www.investwestsussex.co.uk              [8]www.coastalwestsussex.org.uk/

 

[9]http://www.arun.gov.uk 
DX 57406 Littlehampton
You can view Arun District Council’s Privacy Policy from 
https://www.arun.gov.uk/privacy-policy

Important Notice This e-mail is intended exclusively for the addressee and
may contain information that is confidential and/or privileged. If you are
not the intended recipient (or authorised to receive it for the
addressee), please notify the sender and delete the e-mail immediately;
using, copying, or disclosing it to anyone else, is strictly prohibited
and may be unlawful. Any views, opinions or options presented are solely
those of the author and do not necessarily represent those of Arun
District Council. The information in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000, therefore we cannot
guarantee that we will not provide the whole or part of this e-mail to a
third party. The Council reserves the right to monitor e-mails in
accordance with relevant legislation. Whilst outgoing e-mails are checked
for viruses, we cannot guarantee this e-mail is virus-free or has not been
intercepted or changed and we do not accept liability for any damage
caused. Any reference to "e-mail" in this disclaimer includes any
attachments.
**********************************************************************

References

Visible links
1. https://www.bognorregisregeneration.com/
2. http://www.arun.gov.uk/
3. mailto:[email address]
4. blocked::blocked::http://www.arun.gov.uk/ blocked::http://www.arun.gov.uk/
file:///tmp/blocked::http:/www.arun.gov.uk/
5. http://www.bognorregisregeneration.com/
6. http://www.sussexbythesea.com/
7. http://www.investwestsussex.co.uk/
8. http://www.coastalwestsussex.org.uk/
9. http://www.arun.gov.uk/

Dear Denise,

Thank you, helpful.

Yours sincerely,

Jan Cosgrove

Infomanagement, Arun District Council

Dear Mr Cosgrove

 

The following information relates to a follow-up on your Questions 9 and
12 on your information request Dec18_20.  The Information Management Team
apologises for the delay as we were awaiting information from another
department.                 

 

REQUEST:  Question 9:-

 

Minute 366 makes no specific reference to the treatment of the Sunken
Gardens in the BR Neighbourhood Plan, so your answer is incorrect.  Please
confirm whether or not the Council holds the specific information I have
asked for.

 

RESPONSE: Question 9:-

 

The information held by the Council is within the report to the Bognor
Regis Regeneration Sub-Committee of 27 February 2017, entitled The Regis
Centre and Hothamton Car Parks Feasibility Studies Update, the
recommendations from which were then presented to the Full Council meeting
8 March 2017.  You can view the officer report from this link – see item 5
of the ‘agenda’ and Appendix A the Bognor Regis  Masterplan Options Report
produced by the Council’s Consultants, Kay Elliot, in the ‘additional’
papers:

 

[1]https://www.arun.gov.uk/regeneration-sub...

 

In addition, we have reviewed the exempt background documents presented to
the Bognor Regis Regeneration Sub-Committee on 27 February 2017 to
establish whether any of this information can now be disclosed.  The
Planning Policy Review element, which was Appendix A to this document,
refers to the information you are requesting.  This Appendix has now been
released in the public domain as the passage of time means that it no
longer falls within the exempt information classification that was
referred to in the original document.  You can now review this document
at: 

 

[2]https://www.arun.gov.uk/download.cfm?doc...

 

However, I would clarify that the remainder of the background document
presented to the Sub-Committee is still classified as exempt information
in accordance with paragraph 3 of Part 1 of Schedule 12A of the Local
Government Act 1972, as amended, as this relates to information relating
to the financial or business affairs of any particular person, including
the authority holding the information.

 

 

REQUEST: Question 12:-

 

I can find no such mention in the minutes, the tone is more general. 
Please answer whether the Council has record of such matters.

 

As appropriate, 'records' here embraces:

 

*   minutes

*  Officers reports both internal and to Councillors

*  Email, written and other recorded information between officers, and
between officers and councillors including Cabinet members involved in
aspects of these matters.

 

RESPONSE: Question 12:-

 

The report to Full Council in January 2018 – Hothamton Linear Park
Regeneration Proposals - resolved that up to £300k be provided for the
costs to prepare and submit a planning application for the park and car
park.  The Council is considering a range of funding options to fund the
delivery of the Pavilion Park and car park including funding it from its
own reserves and grant funding.

 

Mrs Vine is investigating what 'records' exist regarding this matter and
is awaiting replies from other colleagues.   We will arrange for a
follow-up reply to be provided as soon as this investigation has been
concluded.

 

We have been informed that Mrs Vine has responded directly to you
regarding Questions 1 to 8 and Questions 10 and 11.

 

 

 

If you are dissatisfied with the way your request for information has been
handled, you can write asking for a review of the Council’s response,
within the next two months, to the Information Management Team at: Arun
District Council, Arun Civic Centre, Maltravers Road, Littlehampton, West
Sussex, BN17 5LF (email [3][Arun District Council request email]).

 

If, having exhausted our review procedure, you remain dissatisfied with
the handling of your request or complaint, you will have a right to appeal
to the Information Commissioner at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (telephone: 0303
123 1113; website [4]www.ico.org.uk).  There is no charge for making an
appeal.

 

Yours sincerely,

 

 

Information Management Team

Arun District Council

 

 

 

+------------------------------------------------------------------------+
| Information Management Team  |  [5]Arun District Council | |
| Location: Second Floor , |
| |
| Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF |
| |
| Internal: 37709 | External: +44 (0) 1903 737709 | E-mail: |
| [6][Arun District Council request email] |
| |
| Visit Arun's web site at [7]www.arun.gov.uk  P Save the environment - |
| think before you print. |
+------------------------------------------------------------------------+

 

 

 

[8]http://www.arun.gov.uk 
DX 57406 Littlehampton
You can view Arun District Council’s Privacy Policy from 
https://www.arun.gov.uk/privacy-policy

Important Notice This e-mail is intended exclusively for the addressee and
may contain information that is confidential and/or privileged. If you are
not the intended recipient (or authorised to receive it for the
addressee), please notify the sender and delete the e-mail immediately;
using, copying, or disclosing it to anyone else, is strictly prohibited
and may be unlawful. Any views, opinions or options presented are solely
those of the author and do not necessarily represent those of Arun
District Council. The information in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000, therefore we cannot
guarantee that we will not provide the whole or part of this e-mail to a
third party. The Council reserves the right to monitor e-mails in
accordance with relevant legislation. Whilst outgoing e-mails are checked
for viruses, we cannot guarantee this e-mail is virus-free or has not been
intercepted or changed and we do not accept liability for any damage
caused. Any reference to "e-mail" in this disclaimer includes any
attachments.
**********************************************************************

References

Visible links
1. https://www.arun.gov.uk/regeneration-sub...
2. https://www.arun.gov.uk/download.cfm?doc...
3. mailto:[Arun District Council request email]
4. http://www.ico.org.uk/
5. http://www.arun.gov.uk/
6. mailto:[Arun District Council request email]
7. blocked::blocked::http://www.arun.gov.uk/ blocked::http://www.arun.gov.uk/
file:///tmp/blocked::http:/www.arun.gov.uk/
8. http://www.arun.gov.uk/

Dear Infomanagement,

Thanks, I await further info as you have indicated

Yours sincerely,

Jan Cosgrove

Dear Infomanagement,

Concerning your answer 29th January this year:

"However, I would clarify that the remainder of the background document presented to the Sub-Committee is still classified as exempt information in accordance with paragraph 3 of Part 1 of Schedule 12A of the Local
Government Act 1972, as amended, as this relates to information relating to the financial or business affairs of any particular person, including the authority holding the information."

I would point out the relevant exception:

"Under Schedule 12A Part 2 ‘Qualifications; England’ Para 9 it states: “Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992”

As it has been stated the Council indeed proposes to seek planning permission, I should be most grateful for a copy of the whole otherwise-exempt document.

Yours sincerely,

Jan Cosgrove

Infomanagement, Arun District Council

Dear Mr Cosgrove

 

I refer to your email of 22 February 2019 which is a further follow up to
your original request of 14 December 2018.  In this you ask to be supplied
with the full background document presented to the Bognor Regis
Regeneration Sub-Committee on 27 February 2017.  

 

Our response of 29 January 2019 confirmed that Appendix A of the
background document to the report made to the Bognor Regis Regeneration
Sub-Committee on 27 February 2017 had now been made public.  This was the
Bognor Regis Masterplan Options Report produced by the Council’s
Consultants, Urban Delivery and you were provided the link to the
Council’s website where the document had been published.

 

The other part of the background document was the Regis Centre & Hothamton
Masterplans Market, Viability and Delivery Report also produced by the
Council’s Consultants, Urban Delivery.  Our response clarified that this
part of the document was still being classified as exempt in accordance
with paragraph 3 of Part 1 of Schedule 12A of the Local Government Act
1972, as amended.   This classification follows the Council’s Access to
Information Rules set out in Part 6, Section 4 of the Council’s
Constitution.  Paragraph 3 is explained in the Constitution as referring
to “information relating to the financial or business affairs of any
particular person (including the authority holding that information)”. 
The undisclosed part of the background document contains commercially
sensitive information that would be likely to prejudice the Council’s
commercial interests if disclosed at this stage of the project. 

 

You have asked to be supplied with the full background document on the
basis of paragraph 9 of Schedule 12A of the 1972 Act, as amended. 
Paragraph 9 reads “Information is not exempt information if it relates to
proposed development for which the local planning authority may grant
itself planning permission or permission in principle pursuant to
Regulation 3 of the Town and Country  Planning General Regulations 1992”. 
Our interpretation of this paragraph is that in relation to its own
planning applications, Councils’ are open and transparent in the
information considered as to whether or not to grant themselves
permission, and therefore information cannot be exempt which is part of
the planning application process.

 

The Market, Viability and Delivery Report considered as a background
document to the report presented to the Bognor Regis Regeneration
Sub-Committee on 27 February 2017 did not relate to the Council making a
planning application or granting themselves planning permission.  It
related to proposals being considered by the Council acting in its
capacity as landowner, considering options as to how best to use its
land.   The Council has yet to submit a planning application and in my
view, paragraph 9 does not therefore apply. 

 

The categorisation of this information as exempt has been subject to the
requirements of paragraph 10 of Schedule 12A the 1972 Act, as amended,
that provides “so long, as in all the circumstances of the case, the
public interest in maintaining the exemption outweighs the public interest
in disclosing the information”.

 

In conclusion, my decision is that your request for this information is
refused on the basis that the information included in the Market,
Viability and Delivery Report will continue to be categorised as exempt
information whilst the Council is still progressing this regeneration
project. The 1972 Act, as amended, confirms at paragraph 11 of Part 3 of
Schedule 12A, that the exempt categorisation of financial or business
affairs includes contemplated, as well as past or current, activities.

 

Our email of 29 January 2019 has already explained the options open to you
if you are dissatisfied with the way your request for information has been
handled.

 

Yours sincerely

 

Liz Futcher

Group Head of Council Advice & Monitoring Officer

 

 

+------------------------------------------------------------------------+
| Information Management Team  |  [1]Arun District Council | |
| Location: Second Floor , |
| |
| Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF |
| |
| Internal: 37709 | External: +44 (0) 1903 737709 | E-mail: |
| [2][Arun District Council request email] |
| |
| Visit Arun's web site at [3]www.arun.gov.uk  P Save the environment - |
| think before you print. |
+------------------------------------------------------------------------+

 

 

 

[4]http://www.arun.gov.uk 
DX 57406 Littlehampton
You can view Arun District Council’s Privacy Policy from 
https://www.arun.gov.uk/privacy-policy

Important Notice This e-mail is intended exclusively for the addressee and
may contain information that is confidential and/or privileged. If you are
not the intended recipient (or authorised to receive it for the
addressee), please notify the sender and delete the e-mail immediately;
using, copying, or disclosing it to anyone else, is strictly prohibited
and may be unlawful. Any views, opinions or options presented are solely
those of the author and do not necessarily represent those of Arun
District Council. The information in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000, therefore we cannot
guarantee that we will not provide the whole or part of this e-mail to a
third party. The Council reserves the right to monitor e-mails in
accordance with relevant legislation. Whilst outgoing e-mails are checked
for viruses, we cannot guarantee this e-mail is virus-free or has not been
intercepted or changed and we do not accept liability for any damage
caused. Any reference to "e-mail" in this disclaimer includes any
attachments.
**********************************************************************

References

Visible links
1. http://www.arun.gov.uk/
2. mailto:[Arun District Council request email]
3. blocked::blocked::http://www.arun.gov.uk/ blocked::http://www.arun.gov.uk/
file:///tmp/blocked::http:/www.arun.gov.uk/
4. http://www.arun.gov.uk/

Infomanagement, Arun District Council

Dear Mr Cosgrove

 

This relates to outstanding request from Mrs D Vine:

 

REQUEST: Question 12 in bold:-

 

The report to Full Council in January 2018 – Hothamton Linear Park
Regeneration Proposals - resolved that up to £300k be provided for the
costs to prepare and submit a planning application for the park and car
park.  The Council is considering a range of funding options to fund the
delivery of the Pavilion Park and car park including funding it from its
own reserves and grant funding.

 

Mrs Vine is investigating what 'records' exist regarding this matter and
is awaiting replies from other colleagues.   We will arrange for a
follow-up reply to be provided as soon as this investigation has been
concluded.

 

Please be advised that Mrs Vine will respond directly to you regarding
Questions 1 to 8 and Questions 10 and 11.

 

RESPONSE:

 

Mrs Vine has investigated this request and no records exist.

 

Further to the information previously given above, please see extract
below from budget report 2019/20 (OSC Agenda p16 and p17 on the website):

 

 

‘The most significant capital scheme for the General Fund is the £3.090m
budget for Pavilion Park (Linear Park in 2018/19 budget) on the
Hothamton/sunken garden site in Bognor Regis. A significant piece of new
public realm, incorporating replacement car parking spaces, some retail
and other outdoor uses, with a residential development at the western side
of the site with some retail on the ground floor. The final scheme design,
following significant stakeholder consultation, will be worked on leading
to planning permission in 2019/20 and construction commencing in 2020/21.

 

The capital element of the scheme is unfinanced and will be funded from a
variety of sources including Capital Receipts, Capital Grants, Revenue
Finance and Prudential Borrowing. The actual financing will be determined
by the nature of the expenditure incurred (capital or revenue) and the
availability of the various funding sources. The Council will have to
commit itself to closing the funding gap through the use of any one-off
income/savings with the remainder financed through prudential borrowing.

 

The council’s policy is to minimise the borrowing as it impacts on the
revenue account and would require additional savings in future years.’

 

This concludes this request.

 

If you are dissatisfied with the way your request for information has been
handled, you can write asking for a review of the Council’s response,
within the next two months, to the Information Management Team at: Arun
District Council, Arun Civic Centre, Maltravers Road, Littlehampton, West
Sussex, BN17 5LF (email [1][Arun District Council request email]).

 

If, having exhausted our review procedure, you remain dissatisfied with
the handling of your request or complaint, you will have a right to appeal
to the Information Commissioner at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (telephone: 0303
123 1113; website [2]www.ico.org.uk).  There is no charge for making an
appeal.

 

Yours sincerely,

 

 

Information Management Team

Arun District Council

 

 

 

+------------------------------------------------------------------------+
| Information Management Team  |  [3]Arun District Council | |
| Location: Second Floor , |
| |
| Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF |
| |
| Internal: 37709 | External: +44 (0) 1903 737709 | E-mail: |
| [4][Arun District Council request email] |
| |
| Visit Arun's web site at [5]www.arun.gov.uk  P Save the environment - |
| think before you print. |
+------------------------------------------------------------------------+

 

 

 

[6]http://www.arun.gov.uk 
DX 57406 Littlehampton
You can view Arun District Council’s Privacy Policy from 
https://www.arun.gov.uk/privacy-policy

Important Notice This e-mail is intended exclusively for the addressee and
may contain information that is confidential and/or privileged. If you are
not the intended recipient (or authorised to receive it for the
addressee), please notify the sender and delete the e-mail immediately;
using, copying, or disclosing it to anyone else, is strictly prohibited
and may be unlawful. Any views, opinions or options presented are solely
those of the author and do not necessarily represent those of Arun
District Council. The information in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000, therefore we cannot
guarantee that we will not provide the whole or part of this e-mail to a
third party. The Council reserves the right to monitor e-mails in
accordance with relevant legislation. Whilst outgoing e-mails are checked
for viruses, we cannot guarantee this e-mail is virus-free or has not been
intercepted or changed and we do not accept liability for any damage
caused. Any reference to "e-mail" in this disclaimer includes any
attachments.
**********************************************************************

References

Visible links
1. mailto:[Arun District Council request email]
2. http://www.ico.org.uk/
3. http://www.arun.gov.uk/
4. mailto:[Arun District Council request email]
5. blocked::blocked::http://www.arun.gov.uk/ blocked::http://www.arun.gov.uk/
file:///tmp/blocked::http:/www.arun.gov.uk/
6. http://www.arun.gov.uk/

Hugh Coster left an annotation ()

Liz Futcher's 25th February email is incorrect, and you will note that it is only stated to be HER OPINION.

The LGA Sch12A Part 2 Para 9 is absolute and is NOT qualified or modified by any other part of the Act. It clearly states "for which the local planning authority MAY grant itself planning permission..." It does NOT say IS or MIGHT BE at some point in the future, it says MAY. That is the situation here. Arun MAY or MAY NOT and it merely refers to the possibility that it can grant itself planning permission if it chooses to. Nothing else is relevant to this and no amount of gobbledegook from Ms. Futcher about whether it will or not is relevant at all. Because it MAY grant itself planning permission, the clause plainly states that information is not exempt information IF IT RELATES TO THAT PROPOSED DEVELOPMENT, which is precisely the situation in this case. By refusing this information Arun is breaching the LGA 1972 on the basis of Liz Futcher's OPINION. This should be challenged.

Dear Infomanagement,

Please undertake an internal review of the refusal, and I quote from the comment made on this site by Mr Hugh Coster:

Further to my request foe an Internal Review, I add a comment made by Mr Hugh Coster with which I concur in full.

"Liz Futcher's 25th February email is incorrect, and you will note that it is only stated to be HER OPINION.

The LGA Sch12A Part 2 Para 9 is absolute and is NOT qualified or modified by any other part of the Act. It clearly states "for which the local planning authority MAY grant itself planning permission..." It does NOT say IS or MIGHT BE at some point in the future, it says MAY. That is the situation here. Arun MAY or MAY NOT and it merely refers to the possibility that it can grant itself planning permission if it chooses to. Nothing else is relevant to this ...... Because it MAY grant itself planning permission, the clause plainly states that information is not exempt information IF IT RELATES TO THAT PROPOSED DEVELOPMENT, which is precisely the situation in this case. By refusing this information Arun is breaching the LGA 1972 ....."

It is the case that Arun HAS announced its intention to seek planning consent. That is on the record, so the quoted exemption cannot obtain.

Yours sincerely,

Jan Cosgrove

Infomanagement, Arun District Council

Dear Mr Cosgrove,

We refer to your request for an internal review of the Council’s refusal to disclose the background papers relating to a decision taken by the Bognor Regis Regeneration Sub-Committee on 27 February 2017.

The Information Management Team has taken legal advice on the matter and can advise that an internal review cannot be carried out under the Freedom of Information Act 2000 in respect of this particular document as the right of access to it falls under a different regime, which is the Local Government Act 1972.

However, the Council is able to consider the matter as a complaint and this could be referred to Nigel Lynn, Chief Executive, who is the Proper Officer for dealing with access to information under the Council’s Constitution. Mrs Futcher, the Council’s Head of Council Advice and Monitoring Officer, who dealt with your original enquiry is currently unexpectedly away from the office, but the matter will be passed back to her to speak with Mr Lynn in relation to the consideration of a complaint.

Please be assured that we will contact you again to advise of the timescale for a response to this matter.

Yours sincerely,



Information Management Team
Arun District Council

Information Management Team  |  Arun District Council | Location: Second Floor ,
Arun Civic Centre, Maltravers Road, Littlehampton, BN17 5LF
Internal: 37709 | External: +44 (0) 1903 737709 | E-mail: [Arun District Council request email]
Visit Arun's web site at www.arun.gov.uk Save the environment - think before you print.

show quoted sections

Nigel Lynn, Arun District Council

1 Attachment

  • Attachment

    Information Request Cosgrove Dec18 20.html

    7K Download

Dear Mr Cosgrove

 

As confirmed to you by the Information Management Team’s email of 28 March
2019, your email of 3 March 2019 has been passed to me for review.   You
have asked for the decision of the Group Head of Council Advice &
Monitoring Officer to refuse to supply background information provided to
the Bognor Regis Regeneration Sub-Committee on 27 February 2017 to be
reconsidered. 

 

Firstly, I apologise for the delay in responding.  It has been necessary
to take legal advice to consider the points raised in your latest request
and I wanted to review the background documents that you are referring to.

 

Reviewing the response sent to you by Liz Futcher, the Group Head of
Council Advice & Monitoring Officer on 25 February 2019 (attached), this
did reconfirm the information that had already been made public from the
meeting of the Sub-Committee on 27 February 2017 and gave a detailed
explanation of what information remained exempt and the reason why.

 

The document in question is the Regis Centre & Hothamton Masterplans
Market, Viability and Delivery Report produced by the Council’s
Consultants, Urban Delivery.  It was classified as exempt in accordance
with paragraph 3 of Part 1 of Schedule 12A of the Local Government Act
1972, as amended, when it was considered by the Sub-Committee on 27
February 2017.   From my review of the document, the passage of time has
not made this information any less sensitive, nor has the Council
concluded its deliberations on either the Regis Centre or Hothamton
regeneration projects.  I therefore support the Group Head of Council
Advice & Monitoring Officer’s view and reasons for this document not being
disclosed to the public on the basis that it contains commercially
sensitive information that would be likely to prejudice the Council’s
interests if disclosed at this stage of either project. 

 

Further, the categorisation of this information as exempt has been subject
to the requirements of paragraph 10 of Schedule 12A the 1972 Act, as
amended, that provides “so long, as in all the circumstances of the case,
the public interest in maintaining the exemption outweighs the public
interest in disclosing the information”.

 

You have stated in your latest email that you believe that the Council is
in breach of paragraph 9 of Schedule 12A of the 1972 Act, as amended. 
This document was prepared to inform the Council’s  deliberations in
taking forward the regeneration of the land it owns at these two sites in
Bognor Regis.  It does not relate to a specific planning application, or
the Council as planning authority, granting themselves planning
permission.   I therefore support the Group Head of Council Advice &
Monitoring Officer’s view that paragraph 9 does not apply and confirm that
there has been no breach of the law.

 

My decision therefore is that your request for this information is refused
on the basis that the information included in the Regis Centre & Hothamton
Masterplans Market, Viability and Delivery Report will continue to be
categorised as exempt information whilst the Council is still progressing
these regeneration projects. The 1972 Act, as amended, confirms at
paragraph 11 of Part 3 of Schedule 12A, that the exempt categorisation of
financial or business affairs includes contemplated, as well as past or
current, activities.

 

In addition, I have considered with the Group Head of Council Advice &
Monitoring Officer, who also acts as Data Protection Officer, whether this
information should have been disclosed under the Freedom of Information
Act 2000 (FOIA) as your original request was made under this
legislation.    I can confirm that the Council declines to disclose this
information under the FOIA and has engaged the following exemption –
Section 43(2) : Information is exempt information if its disclosure under
this Act would, or would be likely to, prejudice the commercial interests
of any person (including the public authority holding it).

 

The basis for this decision is that its disclosure would impact on the
Council’s ability to participate competitively in the commercial activity
that it is considering in developing the two sites in Bognor Regis.   
Both sites involve live projects as confirmed by the resolutions taken at
Full Council meetings on 8 March 2017 (Minute 494 refers) for the Regis
Centre site and on 10 January 2018 (Minute 366 refers) on the Hothamton
site.

 

In maintaining this exemption, the Council has applied the public interest
test.  Our deliberations have balanced the arguments for disclosure,
namely:

 

•              has the passage of time made the information less sensitive
and disclosure would not adversely affect it;

•              would this promote transparency and participation by
allowing the public to understand how and why decisions have been taken to
date on these projects, and demonstrate transparency in the accountability
of public funds; and

•              could this increase understanding and trust of the public
authority?

 

Whilst considering the arguments for maintaining this exception by not
disclosing the information which have revolved around the following:

 

•              could it impact on any future marketing or procurement
activities on the sites;

•              would future negotiations and discussions on both sites be
impeded by disclosure; and

•              could it prejudice the Council’s interests in taking
forward the regeneration proposals on both sites if the information was
disclosed?

 

Our conclusion from conducting the public interest test is that the public
interest in engaging this exemption outweighs the public interest in
disclosure for the following reasons: 

 

1.            Whilst the document was prepared in January 2017 it remains
live and valid as neither project has been completed. 

2.            Negotiations and discussions with third parties and other
partners are continuing and in some cases are still to be established.

3.            To release the information at this stage whilst the projects
are still being developed brings a real and significant risk of
prejudicing the Council’s interests because the document relates to the
market, viability and delivery options for both sites.   Releasing this
information at this stage will put the Council at risk of not achieving
best value considerations in any marketing or procurement activities on
the sites.

 

The Council therefore declines to disclose any information held under the
FOIA.

 

As I have now conducted a further internal review of your request for this
information, the options open to you if you remain dissatisfied with my
decision are:

 

1.            You can make a complaint to the Local Government & Social
Care Ombudsman.  You can find out how to make a complaint from here: 
https://www.lgo.org.uk/make-a-complaint

2.            You can submit an appeal to the Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF (telephone: 0303 123 1113; website
www.ico.org.uk).  There is no charge for making an appeal.

 

Yours sincerely

 

Nigel Lynn

Chief Executive

 

+------------------------------------------------------------------------+
| [1]Nigel Lynn | Chief Executive, [2]Arun District Council | Location: |
| Second Floor, Arun Civic Centre, Maltravers Road, Littlehampton, BN17 |
| 5LF |
| Internal: 37600 | External: +44 (0) 1903 737600 | E-mail: |
| [3][email address] |  Secure E-mail: [4][email address] |
| |
| Visit Arun's web site at [5]www.arun.gov.uk  P Save the environment - |
| think before you print. |
+------------------------------------------------------------------------+

 

 

 

show quoted sections

Dear Nigel Lynn,

Thank you.

Yours sincerely,

Jan Cosgrove

Hugh Coster left an annotation ()

This response by the Chief Executive is correct in one respect, in that the request can be refused under the provisions of the Freedom of Information Act 2000.

However, he is wrong to say that the Council has not breached the LGA 1972, and is covering this up by a fog of words, most of them unnecessary.

Sch12A para 9 is absolute, and is not modified or trumped by para 10 of Sch12a or para 11 of part 3 of Sch12a. He tries to claim that because there is no specific planning application this does not apply. This is not what Para 9 says.

It simply and plainly says "for which the local planning authority MAY grant itself planning permission..." Not IS or IS NOT applying to itself, not MIGHT apply to itself, not IS CONSIDERING applying to itself. It just says "MAY grant itself..." which simply means that it is in a position to do so if it so wishes. No more and no less than that.

In this case it has already stated that it may apply to itself, which confirms the "MAY", so Mr Lynn is wholly wrong to try and claim anything else. It's about time Arun came clean about this, it is quite scandalous that they are trying to manipulate the situation to the disadvantage of the residents, and at the same time breaching the LGA1972.

Regards,
Hugh Coster