Request for signed copies of the Section 278 Agreement and Section 106 Agreement for the Lewisham Gateway Project

Arthur Timothy made this Freedom of Information request to Transport for London

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.

Dear Transport for London,

Re: Lewisham Gateway Development

Please provide copies of agreements which were signed by Muse Developments, Transport for London and Lewisham Council.

The documents requested are:

1. S 278 Agreement [Section 278 Agreement]
2. S 106 Agreement [ Section 106 Agreement]

Yours faithfully,

Arthur Timothy

FOI, Transport for London

Dear Mr Timothy

TfL Ref: 0436-1415

Thank you for your email received by Transport for London (TfL) on 19 June 2014.

Your request will be processed in accordance with the requirements of the Environmental Information Regulations and TfL’s information access policy.

A response will be provided to you by 18 July 2014.

In the meantime, if you would like to discuss this matter further, please do not hesitate to contact me.

Yours sincerely

Jasmine Howard
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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FOI, Transport for London

2 Attachments

Dear Mr Timothy

 

TfL Ref: 0436-1415

 

Thank you for your email received by us on 19 June 2014 asking for copies
of the agreements signed by Muse Developments, Transport for London (TfL)
and Lewisham Council in relation to the Lewisham Gateway Project.

 

Your request has been considered in accordance with the requirements of
the Environmental Information Regulations (EIR) and our information access
policy.  We hold some of the information you require.

 

Please find attached a copy of the final Section 278 Agreement between TfL
and Muse Developments.

 

In accordance with the EIR, we are not obliged to supply some of the
information contained within the agreement as it is subject to a statutory
exception to the right of access to information under Regulation 12(5)(e)
confidentiality of commercial information to protect an economic interest:

 

In this instance the exception has been applied as disclosure of the above
references of information you have requested is exempt from disclosure to
you under Regulation 12(5)(e) of the Environmental Information Regulations
as disclosure would be likely to prejudice the commercial interests of
TfL, the London Borough of Lewisham and Muse Developers, in addition to
breaching the confidentiality agreements between all parties. Disclosing
details regarding staff and consultancy costs, tendered value of work and
pricing would prejudice our position and damage our ability to obtain best
value for the public purse for other future projects if potential partners
were aware that any offer they made to us could be made public.

 

We would also suffer prejudice to our commercial interests if the value of
works and consultancy costs contained within the agreement were disclosed,
both in the context of our approach to consultancy work and tender bids
with other third party organisations and in the context of them competing
with other bidders in any future re-procurement we might do for this
particular development.

 

The use of this regulation is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. TfL
recognises the need for openness and transparency by public authorities,
particularly where the expenditure of public money is concerned but in
this instance the public interest in ensuring that TfL is able to obtain
the best value for public money with regards to the service provided,
outweighs the general public interest in increasing transparency of TfL’s
processes

 

Please note that in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by Regulation 13 of the EIR. This is because disclosure of this personal
data would be a breach of the DPA, specifically the first principle of the
DPA which requires all processing of personal data to be fair and lawful.
It would not be fair to disclose this personal information when the
individuals have no expectation it would be disclosed and TfL has not
satisfied one of the conditions of Regulation 13 of the Data Protection
Act which would make the processing ‘fair’.

 

Whilst we do not hold a complete copy of the Section 106 Agreement, which
is an agreement between the Lewisham Planning Authority and the developer
of the Lewisham Gateway scheme, it may be available through their website,
which features a contact form on the following page:
[1]http://www.newlewisham.com/RM-works/inde...

 

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

 

Yours sincerely

 

Jasmine Howard

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

 

 

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Dear FOI,

We are still awaiting a copy of the Section 106 Agreement between Muse Developments/ TFL and Lewisham Council. The link provided was not relevant.

With reference to the redacted S278 Agreement, we request that another more legible copy of drawing number 20486/023/100/105 by Peter Brett Associates is forwarded. In this drawing, the blue line in the Key which delineates the "extent of S278 works" appears to have been tampered with in an attempt to render it illegible.

In summary, we await:

1. A copy of the S106 Agreement;
2. A clear copy of drawing No: 20486/023/100/105 in which the Key is legible,

Yours sincerely,

Arthur Timothy
Timothy Associates

FOI, Transport for London

Dear Mr Timothy

Our Ref: TfL 0436-1415

Thank you for your further email received by Transport for London on 15 July 2014 regarding my reply to your Freedom of Information request.

I apologise for the delay in acknowledging your correspondence and will be responding in full shortly.

Yours sincerely

Jasmine Howard
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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