The Artworks Box Park - permissions and negotiations

The request was partially successful.

Dear Southwark Borough Council,

I am seeking clarifications regarding permissions, rents and leases and other negotiations re: the siting of The Artworks box park scheme in Elephant and Castle.

The idea of a shipping container box park scheme was subject to a tender process via the Council in 2012. The final winner was The Artworks. Initially the scheme was to be sited on the site of the former Shell petrol station on Walworth Rd. In early 2013, Artworks delivered 48 shipping containers to the site. They had at this point not applied for planning permission. The subsequent planning application (13/AP/1224) was submitted in May 2013 and has not yet been decided.

In the mean time Artworks have announced that they will not now site their project at Walworth Rd where the container are still waiting but will now be moving to the public land at Elephant Rd. They submitted a new planning application in September 2103 (13/AP/2927) which has yet to be decided upon.

I am asking for the following information:

1) Please can you provide me with any communications between The Council and The Artworks re: delivery of the containers at Walworth Rd site including permission to deliver the containers and in regard to any permission granted despite the lack of planning permission.

2) Can the Council confirm if any ground rent, rents or lease was issued or intended to be issues re: the siting of the containers at the Walworth Rd site.

3) Please can you provide me with any communications between The Council and The Artworks re: the moving of the scheme to the Elephant Rd site including any permission given to move and deliver the containers to the new site.

4) Can you provide me with any communications between The Council and The Artworks regarding future rents and lease for the use of the land at Elephant Rd.

Yours faithfully,

Chris Morris

Dear Southwark Borough Council,

Hello there

Just a reminder that this request has become overdue.

Yours faithfully,

Chris Morris

Dear Southwark Borough Council,

Hello there again

Just a second reminder that this request has become overdue.

Yours faithfully,

Chris Morris

accessinfo, Southwark Borough Council

Dear Mr Morris

Please accept our apologies for the delay in reverting to you. We have
tried, unsuccessfully, to trace your original request. Could I trouble
you to resend?

Regards

Janet McDonald
Corporate Freedom of Information Manager
Finance & Corporate Services
P.O. Box 64529
London SE1P 5LX
Email: [email address]
Tel No: 020 7525 7511
Fax No: 020 3014 8598
P please consider the environment - do you really need to print this
email?

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Dear Southwark Borough Council,

Here is the information you asked me to provide today (12 Dec 2013) re: my original request to you under the FOI Act.

The weblink is here:
https://www.whatdotheyknow.com/request/t...

From: Chris Morris

14 October 2013

Dear Southwark Borough Council,

I am seeking clarifications regarding permissions, rents and leases
and other negotiations re: the siting of The Artworks box park
scheme in Elephant and Castle.

The idea of a shipping container box park scheme was subject to a
tender process via the Council in 2012. The final winner was The
Artworks. Initially the scheme was to be sited on the site of the
former Shell petrol station on Walworth Rd. In early 2013, Artworks
delivered 48 shipping containers to the site. They had at this
point not applied for planning permission. The subsequent planning
application (13/AP/1224) was submitted in May 2013 and has not yet
been decided.

In the mean time Artworks have announced that they will not now
site their project at Walworth Rd where the container are still
waiting but will now be moving to the public land at Elephant Rd.
They submitted a new planning application in September 2103
(13/AP/2927) which has yet to be decided upon.

I am asking for the following information:

1) Please can you provide me with any communications between The
Council and The Artworks re: delivery of the containers at Walworth
Rd site including permission to deliver the containers and in
regard to any permission granted despite the lack of planning
permission.

2) Can the Council confirm if any ground rent, rents or lease was
issued or intended to be issues re: the siting of the containers at
the Walworth Rd site.

3) Please can you provide me with any communications between The
Council and The Artworks re: the moving of the scheme to the
Elephant Rd site including any permission given to move and deliver
the containers to the new site.

4) Can you provide me with any communications between The Council
and The Artworks regarding future rents and lease for the use of
the land at Elephant Rd.

Yours faithfully,

Chris Morris

Wannop, Laura, Southwark Borough Council

Dear Chris Morris

Re: Your request for information: 351527

Thank you for your request for information that was received on 13
December 2013 in which you requested:

I am asking for the following information:

 1. Please can you provide me with any communications between The Council
and The Artworks re: delivery of the containers at Walworth Rd site
including permission to deliver the containers and in regard to any
permission granted despite the lack of planning permission.

2)      Can the Council confirm if any ground rent, rents or lease was
issued or intended to be issues re: the siting of the containers at the
Walworth Rd site.

3)      Please can you provide me with any communications between The
Council and The Artworks re: the moving of the scheme to the Elephant Rd
site including any permission given to move and deliver the containers to
the new site.

4)      Can you provide me with any communications between The Council and
The Artworks regarding future rents and lease for the use of the land at
Elephant Rd.

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.

As the information requested contains reference to a third party, we are
notifying them of this request and offering them the opportunity to
discuss any particular issues or considerations that they consider
relevant to the question of disclosure of this information before deciding
whether or not to release the information.  If this process is likely to
exceed 20 working days you will be notified.

The Act defines a number of exemptions that may restrict the release of
the requested information.  There will be an assessment and if any of the
exemption 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.

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: 0303 123 1113
Internet: [1]www.ico.org.uk

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

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

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 entity 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.

References

Visible links
1. http://www.ico.org.uk/
2. file://www.southwark.gov.uk/regeneration

Plewniak, Martyna, Southwark Borough Council

Dear Chris Morris,

Re: Your request for information: 351527

Thank you for your request for information that was received on 13
December 2013 in which you requested:

I am seeking clarifications regarding permissions, rents and leases and
other negotiations re: the siting of The Artworks box park scheme in
Elephant and Castle.

The idea of a shipping container box park scheme was subject to a tender
process via the Council in 2012. The final winner was The Artworks.
Initially the scheme was to be sited on the site of the former Shell
petrol station on Walworth Rd. In early 2013, Artworks delivered 48
shipping containers to the site. They had at this point not applied for
planning permission. The subsequent planning application (13/AP/1224) was
submitted in May 2013 and has not yet been decided.

In the mean time Artworks have announced that they will not now site their
project at Walworth Rd where the container are still waiting but will now
be moving to the public land at Elephant Rd.

They submitted a new planning application in September 2103 (13/AP/2927)
which has yet to be decided upon.

I am asking for the following information:

 1. Please can you provide me with any communications between The Council
and The Artworks re: delivery of the containers at Walworth Rd site
including permission to deliver the containers and in regard to any
permission granted despite the lack of planning permission.

2)      Can the Council confirm if any ground rent, rents or lease was
issued or intended to be issues re: the siting of the containers at the
Walworth Rd site.

3)      Please can you provide me with any communications between The
Council and The Artworks re: the moving of the scheme to the Elephant Rd
site including any permission given to move and deliver the containers to
the new site.

4)      Can you provide me with any communications between The Council and
The Artworks regarding future rents and lease for the use of the land at
Elephant Rd.

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

 1. I can confirm we hold information in relation to your request,
however,  having now fully considered the first question we have
estimated that it will cost more than the appropriate limit to
respond.  The appropriate limit is specified in regulations and for
local government is set at £450.  This represents the estimated cost
of one person spending 18 hours in determining whether we hold the
information, and locating, retrieving and extracting the information. 
Consequently, we are not obliged by the Freedom of Information Act
2000 to respond to your request (see section 12(1)). 

If you are able to narrow the scope of your request, we may be able to
provide the information as it would cost less than the appropriate
limit to do so.  For instance if you provide a specific period you
would like us to review the all correspondence for, or if there is a
particular subject matter discussed within the correspondence.  Please
note, any reformulated request we receive from you will be treated as
a fresh FOI request.

2)      The use of the former Walworth road petrol station site by
Artworks is the subject of a licence for which no charge has been made.
The longer term use of the site of up to 5 years by Artworks would have
been the subject of a lease [for which a rent would have been
charged]. The lease was subject to Artworks securing planning consent for
the development of the site. While a planning application was submitted
for the site it was subsequently withdrawn and therefore the lease has not
been exercised and the council has not received rent for the use of the
land. The portacabins on the Walworth road site are in the process of
being relocated to a site on Elephant Road for which Artworks have secured
planning consent. 

3)      Similarly in as stated in question 1, I can confirm we hold
information in relation to this request however, the council estimates it
will exceed the appropriate limit to respond to this query.  If you are
able to narrow the scope of your request, we may be able to provide
information.

4)      As stated in relation to questions 1 & 3, I can confirm we hold
information in relation to this request however, the council estimates it
will exceed the appropriate limit to respond to this query.  If you are
able to narrow the scope of your request, we may be able to provide
information.

In accordance with section 17 of the Freedom of Information Act 2000 this
letter acts as a Refusal Notice.

If you are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, please
write to the:

Corporate Freedom of Information Manager
Financial & Information Governance team (2^nd Floor)
PO Box 64529
London
SE1P 5LX
Email: [1][Southwark Borough Council request email]

If you are not content with the outcome your appeal, you may apply
directly to the Information Commissioner for a decision.  Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

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: 0303 123 1113
Internet: [2]www.ico.org.uk

Kind regards,

Martyna Plewniak
System information project officer

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 entity 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.

References

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

Dear Plewniak, Martyna,

Thank you for the above information and explanation of the limits of Freedom of Information due to financial reasons.

I would be happy to resubmit on this topic with a narrower search remit if this could then be covered within reasonable cost to the Council.

I would also be happy for this to be considered a new FOI request.

I will add in this new search here or if this is not appropriate I can send in a new FOI via this website:

NEW. Please can you provide me with any communications between The Council and The Artworks re: delivery of the containers at Walworth Rd Shell Garage site including permission to deliver the containers from the period January 2013 until May 2013.

Yours sincerely,

Chris Morris

Plewniak, Martyna, Southwark Borough Council

Dear Mr Morris,

All noted, we will log the below as a new inquiry. You should receive an acknowledgment letter from me shortly afterwards.

Many thanks

Kind regards,

Martyna Plewniak

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Corporate strategy
Chief executive's department

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Planning, Southwark Borough Council

Southwark Council - Information request

Our reference: 361915

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Wannop, Laura, Southwark Borough Council

3 Attachments

Dear Chris Morris,

Re: Your request for information: 361915

Thank you for your request for information that was received on 24 January
2014 in which you requested:

Please can you provide me with any communications between The Council and
The Artworks re: delivery of the containers at Walworth Rd Shell Garage
site including permission to deliver the containers from the period
January 2013 until May 2013.

In response to your request and following a search of the council's
records, please find attached the two emails together with the licence
held in relation to your request. I can confirm no further information is
held.

<<130226 Email re licence for containers - redacted S40.pdf>> <<130307
Email re access to site - Redacted S40.pdf>> <<Licence for site.pdf>>

Please note the redactions included within the emails are done so in
accordance with Section 40 - personal information.

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 are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, you
should write to the Corporate Freedom of Information Manager at:

Corporate Freedom of Information Officer
The Governance Team (2^nd floor)
PO Box 64529
London
SE1P 5LX
Email: [4][Southwark Borough Council request email]

If you are not content with the outcome your appeal, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

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: 0303 123 1113
Internet: [5]www.ico.org.uk

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

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

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 entity 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.

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. mailto:[email address]
5. http://www.ico.org.uk/
6. file://www.southwark.gov.uk/regeneration

roger wade left an annotation ()

This has nothing to do with Boxpark ! This is a Boxpark copycat scheme by a major retail development company.

Chris Morris left an annotation ()

'A major retail development company'? Do you mean people who have been in the business of opening up markets for a long time? Anyhow, hard to copyright using containers for shops. Good luck!

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