Dear Southwark Borough Council,

1) Can the Council show a breakdown of total expenditure so far for the Strata Tower S106 contribution of £100,000 towards a public art commission. See below.

"Strata Section 106 Agreement
PUBLIC ART (definition): A work of art to be installed within the entrance area of the Development predominantly of glass unless otherwise agreed

8 PUBLIC ART
8.1: Prior to Occupation, the Developer will commission and install within the Development the Public Art. The value of the Public Art (including the cost of installation) shall be approximately £100,000 "

Yours faithfully,

Chris Morris

Regeneration & Neighbourhoods, Southwark Borough Council

Southwark Council - Information request (FOI/EIR)

Our reference: 203623

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Dear Mr Morris

`
Re: Your request for information: 203623

Thank you for your request for information that was received on 2 February
2012 in which you requested:

1) Can the Council show a breakdown of total expenditure so far for
the Strata Tower S106 contribution of £100,000 towards a public art
commission. See below.

"Strata Section 106 Agreement
PUBLIC ART (definition): A work of art to be installed within the
entrance area of the Development predominantly of glass unless
otherwise agreed

8 PUBLIC ART
8.1: Prior to Occupation, the Developer will commission and install
within the Development the Public Art. The value of the Public Art
(including the cost of installation) shall be approximately
£100,000 "

Your request is being dealt with under the Freedom of Information Act 2000
and you will receive a response within 20 working days of the date that we
received your request.

The Freedom of Information Act 2000 defines a number of exemptions that
may restrict the release of the requested information. There will be an
assessment and if any of the exemptions categories apply then the
information may not be released. You will be informed if this is the case,
including your rights of appeal.

The information provided will be in English, normal font size. If you
require alternative formats, e.g. other language, audio, large print, etc.
please notify us.

If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why and details of how you
may appeal (if appropriate).

Further information is available through the Information Commissioner at
the:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire. SK9 5AF
Telephone: 01625 545 700
Internet: [1]www.informationcommissioner.gov.uk

Yours sincerely

 

Martyna Plewniak
Project Officer
[email address]

References

Visible links
1. http://www.informationcommissioner.gov.uk/

Dear Regeneration & Neighbourhoods,
Just to follow up, the 29th February 2012 was the deadlines for a response to my FOI request. Please look into the question as soon as you can. Thanks

http://www.whatdotheyknow.com/request/st...

Yours sincerely,

Chris Morris

Plewniak, Martyna, Southwark Borough Council

Dear Mr Morris

Re: Your request for information: 203623

Thank you for your request for information that was received on 2 February
2012 in which you requested:

Can the Council show a breakdown of total expenditure so far for the
Strata Tower S106 contribution of £100,000 towards a public art
commission. See below.

    
"Strata Section 106 Agreement PUBLIC ART (definition): A work of art to be
installed within the entrance area of the development predominantly of
glass unless otherwise agreed

    
8 PUBLIC ART 8.1: Prior to Occupation, the Developer will commission and
install within the Development the Public Art. The value of the public Art
(including the cost of installation) shall be approximately £100,000"

Please note, that under Section 10 of the Freedom of Information Act 2000,
the local authority is required to respond no later than the twentieth
working day following the date of receipt. The date of receipt is
therefore day zero, and in this specific instance, day one is 3 February
2012. 

In response to your request, I am able to provide the following
information:

The council can confirm that Clause 8.1 of the section 106 agreement has
now been fully complied with. Below we have set out details of how the
developer complied with this clause.

‘’Public Art’’  - A work of art to be installed within the entrance area
of the  development  predominately of glass unless otherwise agreed.

8.1 - Prior to occupation, the developer will commission and install
within the development the public art. The value of the public art
(including the cost of installation) shall be approximately £100.000.

Castle House Developments Limited’s (CHDL) approach to delivering the
public art as part of the Castle House redevelopment was that it should be
both relevant to the project and reflective of the wider community
surrounding the development. It should be dynamic and wide ranging,
preferably drawing upon the input of numerous rather than one local
artist.

Consequently, rather than simply appointing the Elephant & Castle’s artist
in residence, CHDL  approached Camberwell College of a Arts in 2010 to
design the Public Art. Either side of the main entrance doors to Strata
are two large glass panels enclosing the foyer area (4500mm x 1375mm each,
portrait). Integral to the development but accessible to the public eye at
all times, these panels formed the ideal palette for the Public Art.

On 29 April 2010, Camberwell students were asked to create a piece of
artwork that represented the theme of the Strata development – ‘’community
and sustainable leaving’. The medium could be anything from painting,
drawing and photography to sculpture that could be represented/reproduced
in a two dimensional format on these two large glass panels.

36 initial concepts were submitted and on 19 May 2010, a panel of four
judges shortlisted 13 pieces as finalists to be created and then the
finished artworks were judged and on 24 June 2010 six bursaries were
awarded to the winning students.

The four artworks awarded the top bursaries were reproduced and each
displayed on the glass panels either side of the entrance foyer for part
of the following year. All finalists’ work was exhibited and then
auctioned on the evening of Strata’s official launch on Thursday 1 July
2010. All monies raised from the action went back to the community and the
Camberwell College of Arts.

The set up cost and judging panel for this public art programme in 2010
included bursaries; artwork reproduction; exhibition set up cost and
consultant fees. CHDL believes that this public art programme entered into
with the Camberwell College of Art more than satisfies the development’s
S106 obligations in relation to the provision of public art. This
programme provides the opportunity to engage with the local community and
the local artists and provides a platform for public art that no single
commission could match or exceed. Further the programme could be
replicated, providing a legacy of art in the community.

Clause 8.1 specifically states that the cost of installation should be
included in the assessment of the value of the public art. Consequently,
the installation costs, the public art programme and the value of the
artwork itself together can be attributed a value which is in excess of
the £100.000 required by the S106 agreement.

We trust that the measures set out above clearly demonstrate how the
requirements of clause 8.1 of the S106 were met. Should you have any
further queries please do not hesitate to contact Jonathan Smith or Faye
Tavernor DP9.

This information is being provided as a statutory obligation under the
Freedom of Information Act 2000.  Please note that under the Privacy and
Electronic Communications (EC Directive) Regulations 2003 Southwark
Council ask not to receive unsolicited marketing communications.

You are free to use the information provided for your own purposes,
including any   non-commercial research you are doing and for the purposes
of news reporting.   Any other re-use, for example commercial publication,
requires the permission of the copyright holder.  You may apply for
permission to re-use this information by submitting a request to
[1][Southwark Borough Council request email]; you can find details on these arrangements
at [2]http://www.southwark.gov.uk/YourCouncil/... Detailed advice
about the Reuse of Public Sector Information Regulations (PSI) 2005 is
available from the Office of Public Sector Information at:
[3]http://www.opsi.gov.uk/advice/index.htm.

If you have any queries or concerns then please contact us using the above
details.
Further information on the Freedom of Information Act is available through
the Information Commissioner at the:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire.  SK9 5AF
Telephone: 01625 545 700
Internet: [4]www.informationcommissioner.gov.uk

Yours sincerely,

Martyna Plewniak
System information project officer

References

Visible links
1. mailto:[Southwark Borough Council request email]
2. http://www.southwark.gov.uk/YourCouncil/...
3. http://www.opsi.gov.uk/advice/index.htm
4. http://www.informationcommissioner.gov.uk/

Dear Plewniak, Martyna ,

Many thanks for the info you sent.

You state that:

'36 initial concepts were submitted and on 19 May 2010, a panel of four judges shortlisted 13 pieces as finalists to be created and then the finished artworks were judged and on 24 June 2010 six bursaries were
awarded to the winning students'.

I have checked the original Strata Tower Arts website that had info on the above winners but this site is now not working.

Can you please provide further details on the cash amount of each of the winning six bursaries?

You also state that:
"Consequently,the installation costs, the public art programme and the value of the artwork itself together can be attributed a value which is in excess of
the £100.000 required by the S106 agreement."

It would be an error to attribute 'the value of the artwork itself' as part of the cost of the programme and its production. Could you provide information on the cost of installation please?

Yours sincerely,

Chris Morris

Plewniak, Martyna, Southwark Borough Council

Dear Chris Morris,

Please note kindly that we will require some time to clarify your further enquires as the initial information came from a third party - the developer. We will therefore log this as a new request, you will receive a letter of acknowledgment from us shortly afterwards.

Yours sincerely,

Martyna Plewniak
System information project officer

show quoted sections

Plewniak, Martyna, Southwark Borough Council

Dear Mr Morris,

Please note that having checked with the business unit we are unable to provide any further information to your enquiry. We provided you with all the information we held in relation to the matter. For any further inquires please contact DP9 planning consultants at 100 Pall Mall, London, Greater London SW1Y 5NQ 020 7004 1700.

Yours sincerely,

Martyna Plewniak
System information project officer

show quoted sections

Dear Plewniak, Martyna ,

Thank you for getting back to me on this request.

Your reply would seem however to suggest that the Council is unable to provide an account of where a substantial portion of S106 money has gone. Such an agreement between the Council and the developers of Strata seeks to place money and resources into the public domain to benefit the local area. Surely it would be in the interest of council offices and councillors that details of such expenditure, in this instance, a public art programme at the base of Strata Tower, is available to make sure that where S106 money is agreed, it is put to best use and accounted for.

Can you provide me with a contact at DP9 planning agency please to avoid sending a blind email which may be overlooked.

Yours sincerely,

Chris Morris

Plewniak, Martyna, Southwark Borough Council

 I am on annual leave until Tuesday 10 of April. Emails will not be read
in my absence. 
If your query is urgent please contact Laura Wannop on 020 7525 5352.
For any archive inquires please contact  Ian Ogden on 020 7525  5599

Dear Southwark Borough Council,

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

I am writing to request an internal review of Southwark Borough Council's handling of my FOI request 'Strata Tower S106 'Public Art''.

I would like to request an internal review to clarify whether the Council is tracking it's own S106 expenditure in regards to the Strata Art S106 agreement to spend £100,000.

Chris Morris

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

Yours faithfully,

Chris Morris

Morgans, Catherine, Southwark Borough Council

Dear Mr Morris

Thank you for your email which has been passed to me for action.

I would be grateful to confirm with you whether your email should be treated as a new request under the Freedom of Information Act; as you appear to be requesting a new point of clarification rather than a review of the information provided to you.

I have been in contact with the client department and hope to obtain instructions for you as soon as possible but just wanted to clarify this point with you firstly.

Kind Regards

Catherine Morgans
Senior Lawyer - Education and Governance,
Communities, Law & Governance
PO Box 64529, London SE1P 5LX
(160 Tooley Street, London SE1 2QH)
DX: 136147 London Bridge 7
Tel: 020 7525 0633 Blackberry: 07984 287879
Fax: 020 3357 3220

show quoted sections

Dear Morgans, Catherine,

My request for an internal review is based on the lack of information provided re: the expenditure for the agreed upon Section 106 public artwork at Strata Tower. Information has been supplied regarding what kind of public art was installed but no further info has been supplied that accounts for the specific cost of the bursaries, installation and fees.

It was suggested that I contact DP9 for further info and I asked for a contact name at DP9 to enable me to make this inquiry. No contact name has been supplied. Although I am willing to contact DP9 for further information, I am concerned that the Council itself is unable to provide a breakdown of expenditure of the agreed upon £100,000 S106 monies.

My internal review is based upon asking whether the Council, after securing £100,000 Section 6 money for public art, is able to then account for the expenditure of this money.

I consider these point to be unanswered and to remain within my initial FOI request.

Yours sincerely,

Chris Morris

Morgans, Catherine, Southwark Borough Council

Dear Mr Morris

Thank you for your email.

It is my view that your request for clarification over whether the Council is tracking expenditure for the public art set up under the s.106 Strata Tower agreement, constitutes a new request under the Freedom of Information Act 2000 and will be dealt with accordingly. Your original request was for a breakdown of total expenditure on the public art, so far, as at 1 February 2012. Information relating to tracking of expenditure is in my view different to the provision of a breakdown of costs.

Martyna Plewniak is in the process of obtaining the information you seek and will be in contact you with the outcome of your request within 20 working days. The request was made on 18 May 2012.

Regards

Catherine Morgans
Senior Lawyer - Education and Governance,
Communities, Law & Governance
PO Box 64529, London SE1P 5LX
(160 Tooley Street, London SE1 2QH)
DX: 136147 London Bridge 7
Tel: 020 7525 0633 Blackberry: 07984 287879
Fax: 020 3357 3220

show quoted sections

Dear Morgans, Catherine,

Many thanks for your swift reply. My clarification seeks to understand why the Council seemed unable to provide the breakdown of expenditure for the S106 Strata public art that my initial FOI request asked for. It is this information that is late or has not been dealt with so far.

I can't really see that there is difference between tracking expenditure on s106 agreements and being able to provide details of the expenditure when asked, however, if, as you say, the orginal information I was looking for will be provided within 20 days, then that is good and fine and no internal review will be needed.

Yours sincerely,

Chris Morris

Plewniak, Martyna, Southwark Borough Council

Dear Mr Morris

Your request for information: 229688

Thank you for your request for information dated on 19 May 2012 in which
you requested information under the Freedom of Information Act 2000.

I would like to request an internal review to clarify whether the Council
is tracking its own S106 expenditure in regards to the Strata Art S106
agreement to spend £100,000.

Your request was being dealt with under Environmental Information
Regulations

In response to your request, the council confirms that this obligation was
monitored in the same way it would be for any other non-payment s106
obligation and is satisfied the obligation in the provision of the public
art worth £100,000 has been provided. We have requested further
information from the development and will pass that on in due course.

You are free to use the information provided for your own purposes,
including any non-commercial research you are doing and for the purposes
of news reporting.  Any other re-use, for example commercial publication,
requires the permission of the copyright holder.  You may apply for
permission to re-use this information by submitting a request to
[1][Southwark Borough Council request email]; you can find details on these arrangements
at
[2]http://www.southwark.gov.uk/YourCouncil/....
Detailed advice about the Reuse of Public Sector Information Regulations
(PSI) 2005 is available from the Office of Public Sector Information at:
[3]http://www.opsi.gov.uk/advice/index.htm.

If you have any queries or concerns then please contact us using the above
details.
Further information on the Freedom of Information Act is available through
the Information Commissioner at the:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire.  SK9 5AF
Telephone: 01625 545 700
Internet: [4]www.informationcommissioner.gov.uk

Yours sincerely,

Martyna Plewniak
System information project officer

References

Visible links
1. mailto:[Southwark Borough Council request email]
2. http://www.southwark.gov.uk/YourCouncil/...
3. http://www.opsi.gov.uk/advice/index.htm
4. http://www.informationcommissioner.gov.uk/

Dear Plewniak, Martyna ,

"In response to your request, the council confirms that this obligation was monitored in the same way it would be for any other non-payment s106 obligation and is satisfied the obligation in the provision of the public art worth £100,000 has been provided. We have requested further information from the development and will pass that on in due course."

Many thanks. I look forward to receiving the information promised above that will enable those interested to ascertain whether 'public art worth £100,000' has been provided.

The 'monitoring' of the s106 obligation that you mention must at the end of it's course be able to be satisfied based on accounts and details of expenditure. Such breakdowns would include the value of the bursaries, the cost of production of the art, installation and un-installation, storage and so on.

Yours sincerely,

Chris Morris

Dear Southwark Borough Council,

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

I am writing to request an internal review of Southwark Borough Council's handling of my FOI request 'Strata Tower S106 'Public Art''.

An answer from you on my last message and clarification on June 18th 2012 is now long overdue.

What's happened to your promise to provide information on the breakdown of how the £100,000 of S106 has been spent on the Strata Public Art commitment? This is essentially the very same question that I first put to you in February 2012.

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

Yours faithfully,

Chris Morris

Regeneration & Neighbourhoods, Southwark Borough Council

Southwark Council - Information request (FOI/EIR)

Our reference: 229668

--------------------------------------------------------------------------

 

Dear Chris Morris,

 

Re: Your appeal 229668 (0) against request for information: 229668

 

We have now considered your appeal against the response to your original
Freedom of Information Act request number 229668 received on 4 August
2012.  Your appeal has been dealt with in accordance with our appeal
procedure and the matter fully considered.

 

In response to your appeal, I have now spoken to the officers responsible
and am able to provide further information regarding your request:

 

I am writing to request an internal review of Southwark Borough Council's
handling of my FOI request 'Strata Tower S106 'Public Art''.

    

An answer from you on my last message and clarification on June 18th 2012
is now long overdue.

 

What's happened to your promise to provide information on the breakdown of
how the £100,000 of S106 has been spent on the Strata Public Art
commitment? This is essentially the very same question that I first put to
you in February 2012.

 

Upon investigation with the team, I can confirm the ‘further information’
has unfortunately not been received by the council and therefore this
information is not held. 

 

In order to complete the council records in relation to this agreement, I
can confirm that the S106 manager is still seeking this information.

 

With regard to the process for confirming the S106 condition for public
art at the Strata Tower, I can confirm that upon investigation the
confirmation of the fulfilled condition was undertaken by the then S106
officer.  This process involved receiving confirmation from the developer
that the funds had been transferred together with confirmation from the
college that the funds had been received.  The college also confirmed how
the funds were spent, which was provided in the original response to your
request.

 

The council confirms that in this instance a site visit from an officer
did not take place and on reflection, a site visit should have been
conducted, but due to resource constraints and the fact both the college
and developer confirmed the fulfilment of this obligation, the council was
satisfied that this met the condition as set out in the S106 agreement.

 

If you are dissatisfied with this decision you may request the Information
Commissioner to investigate, and you should contact him within 2 months of
this outcome to your internal appeal.  You may contact the commissioner at
the:

 

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire

SK9 5AF
Telephone: 0303 123 1113
Internet: [1]www.ico.gov.uk

 

Yours sincerely,

 

Laura Wannop

Departmental Coordinator

[email address].uk 

 

 

References

Visible links
1. http://www.ico.gov.uk/

Dear Regeneration & Neighbourhoods,

Thanks for your long reply. Unfortunately I still have not received any breakdown of figures for any of the questions I have asked - bursary award costs, installation costs, publicity, cost of production of public artwork etc. All you have re-iterated is that the Council is satisfied that the £100,000 S106 money for the public art at Strata has been spent. I am still seeking that the Council is able to show such a breakdown to demonstrate how that money has been spent and to provide evidence that it is aware in this regard that the full S106 award has been accounted for as public benefit.

You say "In order to complete the council records in relation to this agreement, I can confirm that the S106 manager is still seeking this information". Please reply to this FOI request as soon as this information is known.

Yours sincerely,

Chris Morris

Dear Southwark Borough Council,

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

I am writing to request an internal review of Southwark Borough Council's handling of my FOI request 'Strata Tower S106 'Public Art''. I have been trying to find out this information since February 2012.

You have said that "With regard to the process for confirming the S106 condition for public art at the Strata Tower, I can confirm that upon investigation the confirmation of the fulfilled condition was undertaken by the then S106 officer. This process involved receiving confirmation from the developer that the funds had been transferred together with confirmation from the college that the funds had been received. The college also confirmed how the funds were spent, which was provided in the original response to your request."

If the college has "confirmed how the funds were spent", why are you unable to provide a breakdown of such costs for this S106 agreement. You also say 'upon investigation the confirmation of the fulfilled condition was undertaken by the then S106 officer'.

The S106 officer must have seen a breakdown of how the money was spent to enable them to be satisfied that the condition had been fulfilled.

You also say that this info has been 'provided in the original response to your request" but you have provided no actual financial breakdown other than a report that the college facilitated the production of the public art at Strata.

Can you continue to find out the actual costs of the bursaries, the production costs, the exhibition costs and consultants fees and finally provide me with this info please

Best Wishes
Chris Morris

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

Yours faithfully,

Chris Morris

Dear Regeneration & Neighbourhoods,

Happy Birthday! We are 1 year old today! Do you think you will ever be able to answer my request for a proper breakdown of all expenditure relating to the S106 Public Art at Strata Building that I submitted on 1st Feb 2012?

You have promised to find out this info and I have been patiently waiting but a year is too long to wait on this information that the Council either has or doesn't have.

Please inform me if you are still actively looking for the info I require

Yours sincerely,

Chris Morris

Southwark Borough Council

2 Attachments

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"The email you received and any files transmitted with it are confidential, may be covered by legal and/ or professional privilege and are intended solely for the use of the individual or entitiy to whom they are addressed.

If you have received this in error please notify us immediately.

If you are not the intended recipient of the email or the person responsible for delivering it to them you may not copy it, forward it or otherwise use it for any purpose or disclose its contents to any other person. To do so may be unlawful.

Where opinions are expressed in the email they are not necessarily those of Southwark Council and Southwark Council is not responsible for any changes made to the message after it has been sent.

Dear Southwark Borough Council,

You say in your reply that 'With regard to the process for confirming the S106 condition for public art at the Strata Tower, I can confirm that upon investigation the confirmation of the fulfilled condition was undertaken by the then S106 officer. This process involved receiving confirmation from the developer that the funds had been transferred together with confirmation from the college that the funds had been received. The college also confirmed how the funds were spent, which was provided in the original response to your request'.

The reply from the College that you quote in your reply to my original request reads: '36 initial concepts were submitted and on 19 May 2010, a panel of four judges shortlisted 13 pieces as finalists to be created and then the finished artworks were judged and on 24 June 2010 six bursaries were awarded to the winning students.

The four artworks awarded the top bursaries were reproduced and each displayed on the glass panels either side of the entrance foyer for part
of the following year. All finalists’ work was exhibited and then auctioned on the evening of Strata’s official launch on Thursday 1 July
2010. All monies raised from the action went back to the community and the Camberwell College of Arts.

The set up cost and judging panel for this public art programme in 2010 included bursaries; artwork reproduction; exhibition set up cost and
consultant fees. CHDL believes that this public art programme entered into with the Camberwell College of Art more than satisfies the development’s
S106 obligations in relation to the provision of public art. This programme provides the opportunity to engage with the local community and the local artists and provides a platform for public art that no single commission could match or exceed.

Further the programme could be replicated, providing a legacy of art in the community.

Clause 8.1 specifically states that the cost of installation should be included in the assessment of the value of the public art. Consequently,
the installation costs, the public art programme and the value of the artwork itself together can be attributed a value which is in excess of the £100.000 required by the S106 agreement'.

This is merely an outline of both the thinking behind the public art works and bursary scheme as well as a list of where money would be needed to be spent. But the point I am trying to get too is that this list needs to be broken down financially so that the actual costs of each item can be known, assessed and signed off as both totalling the £100,000 S106 contribution and as best value for community benefit.

For example, how much were the consultants paid? What was the production costs of the artistic panels? How much did the installation cost? How much money was the bursaries and how was it divided between the six winners?

These is the same question that I asked in Feb 2012:
"Can the Council show a breakdown of total expenditure so far for the Strata Tower S106 contribution of £100,000 towards a public art commission".

I take into consideration that you have told me that 'In order to complete the council records in relation to this agreement, I can confirm that the S106 manager is still seeking this information' and so I remain patient in gaining the financial breakdown of all costs relating to the realisation of the S106 Public Art at Strata Tower.

I also note that you have told me that 'The council confirms that in this instance a site visit from an
officer did not take place and on reflection, a site visit should have been conducted, but due to resource constraints and the fact both the college
and developer confirmed the fulfilment of this obligation, the council was satisfied that this met the condition as set out in the S106 agreement'.

I would suggest a site visit would have been crucial in ascertaining fulfillment of this S106 award. Confirmation from both developer and the College is not good grounds for assessing whether all the monies have been spent and in the best way especially when the Council is still unable to report to me that the confirmation contained a breakdown of costs. Such a breakdown would have been crucial to any fulfillment and signing off of this S106 award

I await any further information you can provide

Yours faithfully,

Chris Morris

Wannop, Laura, Southwark Borough Council

1 Attachment

Dear Chris Morris,

Re: Case Reference Number FS50476190

Following discussions with the Information Commissioner’s Office, the
council would like to provide you a copy of the letter from DP9 (on behalf
of the developer) received by the council on 28 February 2012.

The contents of this letter were used to prepare the response to your
request dated 1 February 2012 council ref: 203623.  This response was sent
on 1 March 2012

By way of background and further clarification, I can confirm the council
conducted a search of its records at the time of the first request and
established that a full breakdown of the information was not held by the
council.  Internal discussions took place and the council acknowledged it
perhaps should hold further information and as a result the council’s S106
officer approached the developer for further information and received the
attached letter dated 28 February 2012.

<<28 Feb 2012 Letter from DP9.pdf>>

Please note the redactions in the final paragraph are names of employees
within DP9.  In line with Section 40 – personal information and council
policy of not releasing junior staff names, these are withheld and in
accordance with Section 17 this letter acts as a refusal to provide that
information.

As a final response, the council is able to confirm we do not hold a
breakdown of the information that has been requested and all information
held in relation to this request has now been provided.

Kind regards,
Laura Wannop

Departmental coordinator
Chief executive's department
5th floor, hub 4
PO Box 64529, London SE1P 5LX
160 Tooley Street, London SE1 2QH

[1]www.southwark.gov.uk/regeneration

The email you received and any files transmitted with it are confidential,
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If you have received this in error please notify us immediately. If you
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for any purpose or disclose its contents to any other person. To do so may
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References

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1. file://www.southwark.gov.uk/regeneration

Dear Regeneration & Neighbourhoods,

Thank you for the update and the letter from DP9 both of which confirm that the Council does not know how £100,000 of Section 106 money was spent. As S106 monies are negotiated by councils from developers profits to be used to benefit the local community, it is vital that such money can be accounted for if local people are to have any trust that the council is looking after their interest.

It is questionable that the art at the base of Strata Tower is genuinely public as it is either part of the entrance of the building itself (and thus an asset to the developer) or was a temporary photographic exhibition hung on the windows of the vacant commercial sites at the ground level. Considering the very poor refurbishment of the public realm outside and near Strata (also funded from S106 money), an artwork that was truly public could have made that part of The Elephant just a little bit more attractive and provide some personality to that corner of the area.

Yours sincerely,

Chris Morris

Chris Morris left an annotation ()

Follow up: Both the Information Commissioners Office and the Local Government Ombudsman declined to take this up with the Council or call to account the Council over their failure to ensure that a legal contract between it and the developers was carried out.

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