We don't know whether the most recent response to this request contains information or not – if you are Matt Oliver please sign in and let everyone know.

Rye Bank Road/Fields Development

We're waiting for Matt Oliver to read a recent response and update the status.

Dear Manchester Metropolitan University,

Please provide a copy of the Report on Title referred to on page 23 of the Rye Bank Road, Chorlton, Development Framework June 2019.

Yours faithfully,

Matt Oliver

FOI, Manchester Metropolitan University

Thank you for your email.  
The University aims to respond to all Freedom of Information requests
within 20 working days of receipt.  If this is not possible, we will
contact you within 20 working days to explain why and will provide you
with an alternative response date.
Please note that the 20 working day timescale under the Act starts to run
the following working day after the date the request is received.
Regards
[Manchester Metropolitan University request email] 
"Before acting on this email or opening any attachments you should read
the Manchester Metropolitan University email disclaimer available on its
website http://www.mmu.ac.uk/emaildisclaimer "

FOI, Manchester Metropolitan University

Good morning,

 

Please accept my apologies for the delay in response to your request.

 

In response to your question:

 

Please provide a copy of the Report on Title referred to on page 23 of the
Rye Bank Road, Chorlton, Development Framework June 2019.

 

Please be advised that MMU are providing a response to your request partly
under the Freedom of Information Act 2000 (FOI), and partly under the
Environmental Information Regulations 2004 (EIR).

 

The definition of environmental information is set out at section 2(1) of
the EIR.  Sections 2 (1)(a) and(c) are relevant in relation to your
request:

“environmental information” is any information in written, visual, aural,
electronic or any other material form on –

(a) The state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites including
components including genetically modified organisms, and the interaction
among these elements:

(c) Measures (including administrative measures) such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred in section
(a) as well as measures or activities designed to protect those elements.

 

Therefore, where the requested information falls within the definition of
environmental information, we have dealt with these aspects of your
request under the EIR; and where the requested information does not fall
within the definition of environmental information, we have dealt with
these aspects of your request under FOI. Specifically, the main body text
of the Report on Title are considered under EIR, and the appendices to the
report are considered under FOI.

 

We can confirm that the University holds a Report on Title, however, there
is no obligation to release this information, as exemptions under EIR and
FOI are applicable.

 

The report (excluding the appendix) consists of legal advice obtained by
the University, which is withheld in accordance with regulation 12(5)(b)
of the EIR, which protects confidential legal advice.  The Information
Commissioner’s Office (ICO) guidance states that, “under regulation
12(5)(b), a public authority can withhold information that would adversely
affect formal legal proceedings” and that this provision covers a “range
of information, such as court documents and documents covered by legal
professional privilege” (advice from a legally qualified person).

 

In applying this regulation, the University has considered the public
interest test:

 

-        The factors in favour of disclosing the requested information
are:

There is a public interest for the University to be open and transparent
in its decision making process as well as being held accountable for its
decisions.  The topic in question is one of public interest, as it relates
to the potential development of a section of land in the Chorlton area. 
This is a project likely to be of interest to the local community, and
disclosure of documentation relating to the future of the site would allow
for open discussion between the University, the Council and local
community.

 

-        The factors in favour of withholding the requested information
are:

The disclosure of confidential legal advice would undermine the important
common law principle of legal professional privilege.  This would in turn
undermine the giving of full and frank legal advice.  It is extremely
important for the University to be able to consult with its lawyers in
confidence to obtain legal advice; the inhibition of the free and frank
nature of legal exchanges and weakened confidence in the consultation and
advisory stages of University plans and projects could cause significant
harm to the University’s ability to operate in future.  Furthermore, the
undermining of confidential legal advice would harm the University’s
ability to defend itself from legal challenges.

 

-        Balancing test:

The importance of upholding a level of confidentiality to allow for
obtaining of legal advice for the University outweighs the benefits of
disclosing the Report on Title to the public.  Disclosing the report would
set a level of expectation that any future advice gained may be subject to
disclosure, which would prevent free and frank discussions from taking
place between the University and any future legal advisors. As such, the
case for disclosure in this instance is not made out. 

 

In addition to the legal advice referred to above, the Report on Title
also consists of several documents appended to the report.  These are not
considered to be environmental information under EIR, as they are
stand-alone documents which do not address measures likely to affect the
elements or factors of the environment.  We have therefore considered
these documents for disclosure under FOI.  These documents are:

1.     Title plan (H. M. Land Registry);

2.     Official copy of title plan (H. M. Land Registry);

3.     SIM search (H. M. Land Registry);

4.     Local search (Manchester City Council search report);

5.     Highways search (Manchester City Council);

6.     Commons/ village green search (Manchester City Council);

7.     Chancel search (CLS Chancel Check).

 

These documents are exempt from disclosure under section 21 of the FOI
Act, which states that information is exempt if it is “accessible to the
applicant by other means” and that “2(a) Information may be reasonably
accessible to the applicant even though it is accessible only on
payment”.  The documents are publicly accessible via H.M. Land Registry
and CLS Chancel Check.  The s21 exemption is absolute, which means a
public interest test is not required.

 

If you are dissatisfied with this response and wish to appeal our
decision, please write to [Manchester Metropolitan University request email] giving your reasons for
appealing.  You must appeal within 2 months of the date of this email. 
Under s5.3 of the Freedom of Information Act Code of Practice, we are not
obliged to accept appeals/internal reviews after this date.  You also have
a subsequent right of appeal to the Information Commissioner’s Office
(ICO), see their contact us page at: https://ico.org.uk/Global/contact-us/
for more information.

 

Kind regards,

Ben

 

 

Ben Goddard | Senior Information Governance Officer

Legal Services | Manchester Metropolitan University

Email: [email address] |  Tel: 0161 247 5109 |

 

 

 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Matt Oliver please sign in and let everyone know.