Right to light reports.

Mr Andrew Brian Hickman made this Freedom of Information request to Common Council of the City of London

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Common Council of the City of London.

Mr Andrew Brian Hickman

Dear Common Council of the City of London,

I would like to see the Right to Light Report for the Middlesex Street Estate (Phase III) that caused the project to be refused and the Right to Light Report that allowed the Bernhard Morgan House and former Richard Cloudesley School redevelopments to continue.

Yours faithfully,

Mr Andrew Brian Hickman

COL-EB-InformationOfficer, Common Council of the City of London

Dear Mr Hickman
 
FREEDOM OF INFORMATION ACT 2000 (FOIA) – REQUEST FOR INFORMATION
 
The City of London (CoL) acknowledges receipt of your request for
information of 5 November 2017.
 
Public authorities are required to respond to requests within the
statutory timescale of 20 working days beginning from the first working
day after they receive a request. The Act does not always require public
authorities to disclose the information which they hold.
 
The FOIA applies to the CoL as a local authority, police authority and
port health authority. The CoL is the local and police authority for the
“Square Mile”, ie the historic City of London, and not for London as a
whole. Please see the following page containing a link to a map (Explore
the City), which shows the local authority area covered by the CoL:
[1]https://www.cityoflondon.gov.uk/maps/Pag....
The CoL does have some functions, including Port Health Authority
functions, which extend beyond the City boundary. For further information
please see: [2]www.cityoflondon.gov.uk.
 
Yours sincerely,
 
Compliance (FOI)
Comptroller & City Solicitor’s Department
City of London
Tel: 020-7332 1209
[3]www.cityoflondon.gov.uk
 
 
 

COL-EB-InformationOfficer, Common Council of the City of London

Dear Mr Hickman,
 
FREEDOM OF INFORMATION ACT 2000 (FOIA) - INFORMATION REQUEST
 
Following your request of 5 November 2017, and our acknowledgement of 6
November, the City of London (CoL) responds as follows. 
 
This email constitutes an interim response.
 
With regard to Bernard Morgan House, a Rights of Light report was not
commissioned.
 
With regard to the rights of light reports for Middlesex Street Estate
(Phase III) and Richard Cloudesley School, the CoL is unable to resolve
your request within the statutory 20 working days, which falls due today.
 
Because of the commercial sensitivity of information which falls under
your request, the CoL needs to consider the public interest test under the
following exemption in the FOIA: section 43(2), information disclosure of
which would, or would be likely to, prejudice the commercial interests of
any person.
 
In accordance with Section 10(3)(b) of the FOIA, and guidance issued by
the Information Commissioner’s Office (ICO) as to reasonable extended time
limits when considering the public interest test, we consider that we may
need up to a further 15 working days to comply, ie a revised deadline of
22 December, but will reply sooner if possible.
 
Please accept our apologies for the delay in responding to your request.
 
In accordance with the Act we include complaints information, as follows.
 
If you wish to make a complaint about the way the CoL has managed your
enquiry, please make your complaint in writing to email address:
[1][email address]. For a link to the CoL’s FOI complaints
procedure, please visit the following page:
[2]www.cityoflondon.gov.uk/Feedback, at the end of which is located the
FOI complaints procedure. If, having used the CoL’s FOI Complaints
Procedure, you are still dissatisfied, you may request the Information
Commissioner to investigate. Please contact: Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone:
(01625) 545700.  Website: [3]http://www.ico.org.uk/.
 
The CoL holds the copyright in this communication. Its supply does not
give a right to re-use in a way that would infringe that copyright, for
example, by making copies, publishing and issuing copies to the public or
to any other person. Brief extracts of any of the material may be
reproduced under the fair dealing provisions of the Copyright, Designs and
Patents Act 1988 (sections 29 and 30) for the purposes of research for
non-commercial purposes, private study, criticism, review and news
reporting, subject to an acknowledgement of the copyright owner.
 
Yours sincerely,
 
Compliance (FOI)
Comptroller & City Solicitor’s Department
City of London
Tel: 020-7332 1209
[4]www.cityoflondon.gov.uk
 
 

show quoted sections

SUR - FOI, Common Council of the City of London

Dear Mr Hickman
 
FREEDOM OF INFORMATION ACT 2000 (FOIA) - REQUEST FOR INFORMATION
 
Following your request of 5 November 2017, and our acknowledgement of 6
November and our interim response of 1 December, the City of London (CoL)
responds as follows.
 
“I would like to see the Right to Light Report for the Middlesex Street
Estate (Phase III) that caused the project to be refused and the Right to
Light Report that allowed the Bernhard Morgan House and former Richard
Cloudesley School redevelopments to continue.”
 
Bernard Morgan House
The CoL notes that it has already responded to this part of your request,
in its interim response of 1 December 2017.
 
Richard Cloudesly School
In accordance with section 1(1)(a) of the FOIA, the CoL confirms that it
holds this information.
 
However, The CoL considers this to be exempt from disclosure, in
accordance with the FOIA exemption at section 43(2) (prejudice to
commercial interests).
 
Disclosure of this report, at this time, would prejudice the commercial
interests of the City of London Corporation, and/or third parties, as the
information is relatively recent, and relates to current Rights of Light
negotiations within the City of London, a highly competitive and
commercial market. 
 
In that context it is considered that the disclosure of the information
would prejudice the City Corporation in negotiating fair and reasonable
terms in the current market which returns ultimately benefit the public.
 
The application of this exemption is subject to the public interest test,
but while there is a public interest in understanding the reasons for the
decisions of public authorities, particularly where those decisions relate
to financial and planning matters; in this case the CoL considers that the
public interest in protecting the commercial negotiating position of the
City of London, and in not undermining the trust of third parties in
negotiating with the City in such transactions, clearly weighs against
disclosure.
 
Middlesex Street
In accordance with section 1(1)(a) of the FOIA, the CoL confirms that it
holds this information.
 
However, The CoL considers this to be exempt from disclosure, in
accordance with the FOIA exemption at section 43(2) (prejudice to
commercial interests).
 
Disclosure of this report, at this time, would prejudice the commercial
interests of the City of London Corporation, and/or third parties, as the
information relates to proposals which the City of London may reconsider
in the near future, and bring forward, and disclosing this report would
prejudice any subsequent negotiations arising from those proposals.
 
The application of this exemption is subject to the public interest test,
but while there is a public interest in understanding the reasons for the
decisions of public authorities, particularly where those decisions relate
to financial and planning matters; in this case the CoL considers that the
public interest in protecting the commercial negotiating position of the
City of London, and in not undermining the trust of third parties in
negotiating with the City in such transactions, clearly weighs against
disclosure.
 
If you wish to make a complaint about the way the CoL has managed your
enquiry, please make your complaint in writing to email address:
[1][email address]. For a link to the CoL’s FOI complaints
procedure, please visit the following page:
[2]www.cityoflondon.gov.uk/Feedback, at the end of which is located the
FOI complaints procedure. If, having used the CoL’s FOI Complaints
Procedure, you are still dissatisfied, you may request the Information
Commissioner to investigate. Please contact: Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone:
(01625) 545700.  Website: [3]http://www.ico.org.uk/.
 
The FOIA applies to the CoL as a local authority, police authority and
port health authority.
 
Yours sincerely,
 
 
| PA to the City Surveyor | City of London I
4th floor North Wing, Guildhall, London, PO Box 270, EC2P 2EJ | Telephone:
020 7332 1289 I [4][email address]
[5]www.cityoflondon.gov.uk                                                                                                     
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THIS E-MAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY
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is strictly prohibited. If you have received this transmission in error
please notify the sender immediately and then delete this e-mail.
Opinions, advice or facts included in this message are given without any
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City of London unless specifically indicated otherwise by agreement,
letter or facsimile signed by a City of London authorised signatory. Any
part of this e-mail which is purely personal in nature is not authorised
by the City of London. All e-mail through the City of London's gateway is
potentially the subject of monitoring. All liability for errors and
viruses is excluded. Please note that in so far as the City of London
falls within the scope of the Freedom of Information Act 2000 or the
Environmental Information Regulations 2004, it may need to disclose this
e-mail. Website: http://www.cityoflondon.gov.uk

References

Visible links
1. mailto:[email address]
2. http://www.cityoflondon.gov.uk/Feedback
3. http://www.ico.org.uk/
4. mailto:[email address]
5. http://www.cityoflondon.gov.uk/

Mr Andrew Brian Hickman

Dear Common Council of the City of London,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Common Council of the City of London's handling of my FOI request 'Right to light reports.'.

I believe you refuse using spurious criteria to refuse.

MiddleSex Street Estate Right to Light report, to paraphrase Jacquie Campbell ‘there is no possile configuration for commercial development’. She will remember saying and that she was videoed saying it.

A right to light report is confidential (including addendum) or it is not. You cannot merely release the parts that suit your case.
Golden Lane Estate Right to Light Report Addendum.pdf
https://e-voice.org.uk/mse/mail/view/mai...

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Mr Andrew Brian Hickman

COL-EB-InformationOfficer, Common Council of the City of London

Dear Mr Hickman,

The City of London (CoL) acknowledges receipt of your complaint of 1 January 2018.

In accordance with guidance published by the Information Commissioner’s Office, the CoL aims to respond to complaints within 20 working days beginning from the first working day following receipt of the complaint.

Yours sincerely,

Compliance (FOI)
Comptroller & City Solicitor’s Department
City of London
Tel: 020-7332 1209
www.cityoflondon.gov.uk

show quoted sections

SUR - FOI, Common Council of the City of London

Dear Mr Hickman
 
FREEDOM OF INFORMATION ACT 2000 (FOIA) - INFORMATION REQUEST
 
Following your email of 1 January 2018 (receipt of which was acknowledged
on 2 January), asking the City of London (CoL) to reconsider its response
of 21 December (following your request for information of 5 November),
your complaint has been reviewed by me, as City Surveyor.
 
 
Bernard Morgan House
 
The CoL responded to this part of your request, in its interim response of
1 December 2017.
 
Middlesex Street
 
The CoL applied the FOIA exemption at section 43(2) (prejudice to
commercial interests).
 
In your complaint email of 1 January, you suggest that our refusal to
disclose the information of your request was incorrect, and it is the
application of the section 43(2) exemption that I have reviewed.
 
The exemption at Section 43 of the FOIA concerns commercial interests, and
in particular sub–section two states:
“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).”
 
Having now reviewed our original application of this exemption, I consider
that the CoL has correctly applied the section 43(2) exemption in this
case as the disclosure of this report, at this time, would prejudice (and
would not just be likely to prejudice) the commercial interests of the
CoL, and/or third parties, as the information relates to proposals which
the City of London may reconsider in the near future, and bring forward,
and disclosing this report would prejudice any subsequent negotiations
arising from those proposals. 
 
The application of this exemption is subject to the public interest test,
but while there is a public interest in understanding the reasons for the
decisions of public authorities, particularly where those decisions relate
to financial and planning matters. In this case the CoL considers that the
public interest in protecting the commercial negotiating position of the
CoL, and in not undermining the trust of third parties in negotiating with
the CoL in such transactions, clearly weighs against disclosure.
 
Any comments made by officers in the context of earlier proposals related
to those proposals. 
 
 
Richard Cloudsley
 
The CoL applied the FOIA exemption at section 43(2) (prejudice to
commercial interests).
 
In your complaint email of 1 January, you suggest that our refusal to
disclose the information of your request was incorrect and referred to The
Golden Lane Estate Right to Light Report Addendum adding that “you cannot
merely release the parts that suit your case.”   The Golden Lane Estate
Right to Light Report Addendum referred to in your email of 1 January
relates to a Daylight/Sunlight Report, which is different to a Rights of
Light Report. The former will evaluate amenity impacts in terms of loss of
daylight/sunlight and would normally be a publicly available planning
application document.  A Rights of Light Report does not form part of the
planning process but is to evaluate infringements to Rights of Light of
adjoining landowners which are easements akin to property rights and as
such it is a commercially sensitive document.  It is therefore the
application of the section 43(2) exemption that I have reviewed.
 
The exemption at Section 43 of the FOIA concerns commercial interests, and
in particular sub–section two states:
“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).”
 
Having now reviewed our original application of this exemption, I consider
that the CoL has correctly applied the section 43(2) exemption in this
case as the disclosure of this report, at this time, would prejudice (and
would not just be likely to prejudice) the commercial interests of the
CoL, and/or third parties, as the information is relatively recent, and
relates to current Rights of Light negotiations within the CoL, a highly
competitive and commercial market. 
 
In that context it is considered that the disclosure of the information
would prejudice the CoL in negotiating fair and reasonable terms in the
current market, which returns ultimately benefit the public.
 
The application of this exemption is subject to the public interest test,
but while there is a public interest in understanding the reasons for the
decisions of public authorities, particularly where those decisions relate
to financial and planning matters, in this case the CoL considers that the
public interest in protecting the commercial negotiating position of the
CoL, and in not undermining the trust of third parties in negotiating with
the CoL in such transactions, clearly weighs against disclosure.
 
 
I hope that this response assists in clarifying the CoL’s position.
However, should you remain dissatisfied, you may request the Information
Commissioner to investigate. Please contact: Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone:
(01625) 545700.  Website: [1]http://www.ico.org.uk/.
 
Yours sincerely,
 
 
Paul Wilkinson | The City Surveyor | City of London I
4th floor North Wing, Guildhall, London, PO Box 270, EC2P 2EJ | Telephone:
020 7332 1502 I [2][email address]
[3]www.cityoflondon.gov.uk                                                           
                                          
 
                                                      
                                          
 
THIS E-MAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY
PRIVILEGED. If you are not the addressee, any disclosure, reproduction,
copying, distribution or other dissemination or use of this communication
is strictly prohibited. If you have received this transmission in error
please notify the sender immediately and then delete this e-mail.
Opinions, advice or facts included in this message are given without any
warranties or intention to enter into a contractual relationship with the
City of London unless specifically indicated otherwise by agreement,
letter or facsimile signed by a City of London authorised signatory. Any
part of this e-mail which is purely personal in nature is not authorised
by the City of London. All e-mail through the City of London's gateway is
potentially the subject of monitoring. All liability for errors and
viruses is excluded. Please note that in so far as the City of London
falls within the scope of the Freedom of Information Act 2000 or the
Environmental Information Regulations 2004, it may need to disclose this
e-mail. Website: http://www.cityoflondon.gov.uk

References

Visible links
1. http://www.ico.org.uk/
2. mailto:[email address]
3. http://www.cityoflondon.gov.uk/