S106 Agreements and Expenditure of Monies for Planning Applications 09/3335M and 10/4786M

The request was successful.

Dear Cheshire East Council,

Please provide a copy of the Signed Section 106 legal agreements for the following two planning applications:

09/3335M - ERECTION OF 10 APARTMENTS AND MANAGEMENT OFFICE

10/4786M - VARIATION OF CONDITION 2 FROM APPLICATION 09/3335M - ERECTION OF 10 APARTMENTS AND MANAGEMENT OFFICE

Please also provide a break down of actual and planned expenditure for the monies received under these S106 agreements.

The information should include how much relates to each work site/location as well as what and when the money was spent on in terms of payment to contractors and professional fees for in house and/or external consultants.

Yours faithfully,

Martin Theobald

CCR FOI Investigation Team, Cheshire East Council

Date: 8 March 2018
Our Reference: 2471633
 
Dear Mr Theobald
 
Environmental Information Regulations 2004
 
Thank you for your request regarding S106 Agreements and Expenditure of
Monies for Planning Applications 09/3335M and 10/4786M.
 
Your request has been identified as falling within the scope
of Environmental Information Regulations 2004 and as such is exempt from
the Freedom of Information Act 2000, under Section 39 of the Act.

As when responding to an FOI request, we will send you a full response
within 20 working days, either supplying you with the information you
require, or explaining to you why we cannot supply it. However, under the
EIR Act, the provision exists to extend the response time to 40 working
days, if the request is felt to be particularly complex or voluminous.
Should this be the case, we will of course notify you in good time. 

The due date is 9 April 2018.
 
If we need any further clarification or there is a problem, we will be in
touch. 

In the meantime if you wish to discuss this further please contact me. It
would be helpful if you could quote the reference number quoted above.
 
Yours sincerely
 
 
Kate Tomlinson
Compliance and Customer Relations Assistant
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

Dear CCR FOI Investigation Team,

I an confused as to why a request for financial information can be classed as an EIR.

I disagree with your assessment of this request as a number of others regarding S106s made by myself and others have been classed as FOI. Please review and clarify.

Yours sincerely,

M Theobald

FOI East, Cheshire East Council

Mr Theobald -

Section 106 agreements are explicitly tied to planning applications.
Planning applications relate to the use of the land.
Therefore your requests for information 2472133 and 2476133 will be considered under the Environmental Information Regulations 2004 (EIRs), rather than the Freedom of Information Act 2000.
The ICO would criticise the authority for considering the requests under the wrong legislation.
Therefore I have re-categorised 2472133 under the EIRs.

The requests are both currently being considered internally and are due on 9th April.

Kind regards.

Mrs H M Sweeney,
Senior Compliance & Customer Relations Officer,
Compliance & Customer Relations Team,
1st Floor Westfields,
c/o Municipal Buildings,
Earle Street,
Crewe,
CW1 2BJ.

show quoted sections

Helen Sweeney, Cheshire East Council

2 Attachments

Date: 29 March 2018
Our Reference: 2471633
 
Dear Mr Theobald
 
Thank you for your request for information received on 8 March 2018.
 
Please find attached our response to your request.
 
Yours sincerely
 
 
Helen Sweeney
Senior Compliance and Customer Relations Officer
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

Dear Helen Sweeney,

in a previous response to another enquirer, the following answer was given in relation to 10/4786M (FOI East, Cheshire East Council 11 March 2015):

"Recreation & Outdoor sports facilities - towards implementation of the parks strategy at Wilmslow for works of improvement, enhancement or addition to the sports pitches and facilities at Carrs Carnival Field and Wilmslow Leisure Centre"

Please provide a breakdown of the monies spent on the Carnival Field and Wilmslow Leisure Centre both of which are separate from the Carrs (park).

Yours sincerely,

M Theobald

Dear Helen Sweeney,

Thank you.

Yours sincerely,

M Theobald

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