Section 106 agreements dated between January 2010 and January 2020

The request was partially successful.

Dear Hillingdon Borough Council,

Under the Freedom of information act 2000, please can you provide a breakdown of all S106 agreements with a clawback obligation that have been agreed between January 2010 and January 2020.

Please include the dates of the agreements, and either copies of the agreements or live links to where the agreements can be found.

Please include detailed information regarding when the funds for each S106 was:
A) Received
B) Spent and evidence of expenditure
C) Allocated
D) Any amounts unspent
E) Any unspent amount/s that have been repaid and when
F) Parties named in the S106 agreements
G) Clawback periods

Yours faithfully,

C Gordon

FOI ., Hillingdon Borough Council

Dear Sirs

 
I am writing in relation to the above request you have made under the
Freedom of Information Act.

Section 8 of the Freedom of Information Act 2000 states that in order for
a request to be valid it must state the name of the applicant. In this
instance your request does not constitute a valid request for information
as it does not include your name. In order for us to process this matter
any further we will require you to provide your full name.

If you have any enquires please do not hesitate to get in touch.

Regards

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
T: 01895  556351

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Dear FOI .,

Further to your reply in which you denied that my request was valid owing to me not providing my real name, C is the initial of my first name and Gordon is my surname, according to the information contained on this whatdotheyknow website, my request meets the requirements, for your information i have provided the specific section as below, you may also wish to note that having made over 30 other requests, i am yet to receive a similar response.

Can FOI requests be made under a pseudonym? #
Technically, you must use your real name for your request to be a valid Freedom of Information request in law. See this guidance from the Information Commissioner (October 2007). However, the same guidance also says it is good practice for the public authority to still consider a request made using an obvious pseudonym. You should refer to this if a public authority refuses a request because you used a pseudonym.

Be aware, though, that even if the authority follows this good practice, the pseudonym will probably make it impossible for you to complain to the Information Commissioner later about the handling of your request.

There are several good alternatives to using a pseudonym.

Use a different form of your name. The guidance says that “Mr Arthur Thomas Roberts” can make a valid request as “Arthur Roberts”, “A. T. Roberts”, or “Mr Roberts”, but not as “Arthur” or “A.T.R.”.
Women may use their maiden name.
In most cases, you may use any name by which you are “widely known and/or is regularly used”.
Use the name of an organisation, the name of a company, the trading name of a company, or the trading name of a sole trader.
Ask someone else to make the request on your behalf.
You may, if you are really stuck, ask us to make the request on your behalf. Please contact us with a good reason why you cannot make the request yourself and cannot ask a friend to. Do not impersonate someone else. This is an abuse of our terms of service - read more in our House Rules.

Yours faithfully,

C Gordon

Dear FOI .,
Further to my request made under the Freedom of Information Act 2000 dated 16th June 2020, I wish to amend my request.
Please can you provide a breakdown of all S106 agreements with a clawback obligation that have been agreed between January 2005 and January 2015.
Please include the dates of the agreements, and either copies of the agreements or live links to where the agreements can be found.
Please include detailed information regarding when the funds for each S106 was:
A) Received
B) Spent and evidence of expenditure
C) Allocated
D) Any amounts unspent
E) Any unspent amount/s that have been repaid and when
F) Parties named in the S106 agreements
G) Clawback periods

Yours sincerely,

C Gordon

FOI ., Hillingdon Borough Council

Dear C Gordon,

I am writing in regards to your request for information below.  I note
from our records that the response to your request is overdue. 
Unfortunately there will be a slight delay in our response.  Please accept
my apologies for this and we will endeavour to respond as soon as we are
able.

If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to [1][Hillingdon Borough Council request email] marked for the attention
of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Kind regards, 
Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
T: 01895  556351

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Dear FOI .,

According to statutory guidelines, I am supposed to receive a response or the information I requested within 20 working days following the request, meaning information should have been received by the 15th July 2020.

As this date has now passed and I am yet to receive the requested information could you please advise me as to when the requested information will be provided?

Yours sincerely,

C Gordon

FOI ., Hillingdon Borough Council

FOI 8303646
Dear C Gordon, 

I am writing in response to your request for information below.

 

We can confirm that the Council does hold the information requested and is
able to make some of this available as follows.  

The Council records S106 planning obligations by obligation type rather
than by individual agreement. Regular reports on all of the obligations
received, allocated and spent are reported to the Council's Cabinet on a
quarterly basis and can be viewed on the Council's website at the link
below. All obligations received relating to affordable housing can be
viewed on these reports: 

[1]https://modgov.hillingdon.gov.uk/ieListM...

However, the Council declines to provide the remaining information
pursuant to section 12 of Freedom of Information Act 2000. This is on the
basis that it is considered that collating and then reviewing ten years of
planning legal agreements to locate and present all of the information
requested would take significantly more than the permitted 18 hours. Other
than for agreements where monies have been received (as set out above),
the information would have to be identified and collated from individual
agreements and would involve reviewing multiple hundreds of agreements,
noting down the individual clauses, the names of the relevant parties and
presenting this in the required format. 

 

If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge,
UB8 1UW (or via email to [2][Hillingdon Borough Council request email] marked for the attention
of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Kind regards, 
Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
T: 01895  556351
On Thu, 16 Jul 2020 at 15:13, FOI . <[3][Hillingdon Borough Council request email]> wrote:

Dear C Gordon,

I am writing in regards to your request for information below.  I note
from our records that the response to your request is overdue. 
Unfortunately there will be a slight delay in our response.  Please
accept my apologies for this and we will endeavour to respond as soon as
we are able.

If you have any queries regarding this matter please do not hesitate to
contact me.

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St,
Uxbridge, UB8 1UW (or via email to [4][Hillingdon Borough Council request email] marked for
the attention of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply to the Information Commissioner for a decision. The
Information Commissioner can be contacted at: Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Kind regards, 
Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
T: 01895  556351

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