Unspent section 106 money

The request was successful.

Dear Westminster City Council,

As part of negotiating planning permissions, it is common practice for section 106 agreements to include cash payments from a planning applicant/developer to the council.

As part of section 106 agreements, it is common practice for time limits to be placed on the council’s use of the cash, before it will have to be returned to the developer. For example, a section 106 agreement could stipulate that X amount of money that the council received from a developer will have to be paid back if it’s not spent within five years from when the agreement was ratified.

With regards to the above, could I please request the following information:

1 - In each of the financial years 2014/15 to 2018/19, the total, gross amount of section 106 money the council returned to developers due to not spending said money within the agreed timeframe

2 - In each of the financial years 2014/15 to 2018/19, the number of instances when the council had to return section 106 money due to not spending the money within the agreed timeframe: 2014/15, 2015/16, 2016/17, 2017/18, 2018/19

3 - In each instance noted from question 2, the gross amount of money that was paid back to the developer

4 - In each instance noted from question 2, the planning application that each 106 agreement was associated with (please provide the planning reference number to identify each planning application)

Yours faithfully,

Owen Sheppard

Westminster City Council

Information request
Our reference: 10829925

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

 
Dear Mr Sheppard
 
Thank you for contacting Westminster City Council's Information Management
Team. 

Your query will be allocated for response, and someone will contact you
within 5 working days to confirm the details of your request. 

Please see the Council's website for further information on the Freedom of
Information Act
- [1]http://www.westminster.gov.uk/services/c...

Kind regards, 
 
Information Management Team
Westminster City Council
64 Victoria Street
London
SW1E 6QP
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.
 

References

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1. http://www.westminster.gov.uk/services/c...

Westminster City Council

Information request
Our reference: 10829925

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

 
Dear Mr Sheppard,
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 5 August
2019.
 
Request summary
 
As part of negotiating planning permissions, it is common practice for
section 106 agreements to include cash payments from a planning
applicant/developer to the council.
As part of section 106 agreements, it is common practice for time limits
to be placed on the council's use of the cash, before it will have to be
returned to the developer. For example, a section 106 agreement could
stipulate that X amount of money that the council received from a
developer will have to be paid back if it's not spent within five years
from when the agreement was ratified.
With regards to the above, could I please request the following
information:
1 - In each of the financial years 2014/15 to 2018/19, the total, gross
amount of section 106 money the council returned to developers due to not
spending said money within the agreed timeframe
2 - In each of the financial years 2014/15 to 2018/19, the number of
instances when the council had to return section 106 money due to not
spending the money within the agreed timeframe: 2014/15, 2015/16, 2016/17,
2017/18, 2018/19
3 - In each instance noted from question 2, the gross amount of money that
was paid back to the developer
4 - In each instance noted from question 2, the planning application that
each 106 agreement was associated with (please provide the planning
reference number to identify each planning application)
 
We are dealing with your request under the Freedom of Information Act 2000
and we aim to send a response by 3 September 2019.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours sincerely
 
Westminster City Council
Email: [email address]
Web: [1]www.westminster.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.
 

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Westminster City Council

1 Attachment

Information request
Our reference: 10829925

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

 
Dear Mr Sheppard
 
Thank you for your request for information received on 5 August 2019.
 
Please find attached our response to your request.

If you are dissatisfied with your response please send your Internal
Review request to the email address below

[1][email address]

 
Yours sincerely
 
Westminster City Council
Tel: 0207 641 3921
Email: [email address]
Web: [2]www.westminster.gov.uk
 
NOTE: Please do not reply to this email.
 

References

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2. file:///tmp/www.westminster.gov.uk

Dear Westminster City Council,

I'm very surprised by your suggestion that it would take an hour to collate information for each individual section 106 agreement.

The council should be keeping clear records of its 600 section 106 agreements from this time period, particularly as to whether planning applicants have provided the finance they were obligated to 106 agreements, and whether these financial contributions have been spent by the council.

Can you confirm that the council holds up-to-date records of how it has spent money from individual section 106 agreements?

In addition, can you provide an explanation of how these records are kept and in what form? For example are they kept in spreadsheets? If so, can you please confirm the names of these spreadsheets?

Furthermore, I have submitted this same request to two other authorities, the City of London Corporation and Kensington & Chelsea Council. Both authorities have already supplied full responses. Therefore I find it surprising that Westminster Council is unable to do so.

Yours sincerely,

Owen Sheppard

Westminster City Council

1 Attachment

Information request
Our reference: 10829925

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

 
Dear Mr Sheppard
 
Thank you for your request for information received on 5 August 2019.
 
Please find attached our response to your request.

If you are dissatisfied with your response please send your Internal
Review request to the email address below

[1][email address]

 
Yours sincerely
 
 
Westminster City Council
Information Management Team
Tel: 0207 641 3921
Email: [2][email address
Web: [3]www.westminster.gov.uk
 
NOTE: Please do not reply to this email.
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. file:///tmp/www.westminster.gov.uk

Dear Westminster City Council,

Please respond to the following additional questions, which I have already asked, and which you did not refer to in your exemption:

1 - Can you confirm that the council holds up-to-date records of how it has spent money from individual section 106 agreements?

2 - Can you provide an explanation of how these records are kept and in what form? For example are they kept in spreadsheets?

3 - If so, can you please confirm the names of these spreadsheets?

Yours sincerely,

Owen Sheppard

Dear Westminster City Council,

Please provide a response to the three questions I asked in my last message, on September 4.

The 20 working day limit for you to respond to my last message has passed.

If you do not provide a response by October 2 I will request you carry out an internal review.

Yours sincerely,

Owen Sheppard

Westminster City Council

 
Dear Mr Sheppard
 
Please find below the responses to the three questions asked on the 4th
September 
 
1 - Can you confirm that the council holds up-to-date records of how it
has spent money from individual section 106 agreements?
The Council keeps up to date records on S106 agreements. There is not
reason to believe that spent money from individual agreements are not up
to date.
 
2 - Can you provide an explanation of how these records are kept and in
what form? For example are they kept in spreadsheets?
Historically, the records have been kept in different formats including
spreadsheets, manual records and data management systems
 
3 - If so, can you please confirm the names of these spreadsheets?
Some of the records are kept in a spreadsheet called 'S106 Holding
Account'
 
Yours sincerely
 
Westminster City Council
Information Management Team
Tel: 0207 641 3921

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Dear Westminster City Council,

Please provide a response to the three questions I asked in my last
message, on September 4.

The 20 working day limit for you to respond to my last message has passed.

If you do not provide a response by October 2 I will request you carry out
an internal review.

Yours sincerely,

Owen Sheppard

show quoted sections

Dear Westminster City Council,

Thank you for your response on October 30.

Could I please request a copy of the spreadsheet called 'S106 Holding
Account'.

As details of individual section 106 agreements are made public, I should hope there would be no reason for the council to consider withholding this information.

Yours sincerely,

Owen Sheppard

Westminster City Council

Information request
Our reference: 12250473

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

 
Dear Mr Sheppard
 
Thank you for contacting Westminster City Council's Information Management
Team. 

Your query will be allocated for response, and someone will contact you
within 5 working days to confirm the details of your request. 

Please see the Council's website for further information on the Freedom of
Information Act
- [1]http://www.westminster.gov.uk/services/c...

Kind regards, 
 
Information Management Team
Westminster City Council
64 Victoria Street
London
SW1E 6QP
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.
 

References

Visible links
1. http://www.westminster.gov.uk/services/c...

Westminster City Council

Information request
Our reference: 12250473

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

 
Dear Mr Sheppard,
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 31 October
2019.
 
Request summary
Dear Westminster City Council,

Thank you for your response on October 30.

Could I please request a copy of the spreadsheet called 'S106 Holding
Account'.

As details of individual section 106 agreements are made public, I should
hope there would be no reason for the council to consider withholding this
information.

Yours sincerely,
 
We are dealing with your request under the Freedom of Information Act 2000
and we aim to send a response by 28 November 2019.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours sincerely
 
 
Westminster City Council
Information Management Team
Tel: 0207 641 3921
Email: [email address
Web: [1]www.westminster.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.
 

References

Visible links
1. file:///tmp/www.westminster.gov.uk

Westminster City Council

1 Attachment

Information request
Our reference: 12250473

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

Dear Mr Sheppard
 
Thank you for your request for information received on 2019.

Please find attached the Council's response to your request.
If you are dissatisfied with your response please send your Internal
Review request to the email address below
[email address
Yours sincerely
 
 
Westminster City Council
Information Management Team
Tel: 0207 641 3921
Email: [email address
Web: [1]www.westminster.gov.uk
 

References

Visible links
1. file:///tmp/www.westminster.gov.uk

Dear Westminster City Council,

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

I am writing to request an internal review of Westminster City Council's handling of my FOI request 'Unspent section 106 money'.

I disagree with your reason for refusing my application and I would like to request that you carry out an internal review.

In your response on November 27 you said: "Information about actual spend of the funds requires collating from the relevant departments and finance teams."

It should not require any work to collate information in order to comply with my request, as I am simply asking for an exact copy of the spreadsheet called 'Section 106 Holding Account'.

The council told me about the existence of this spreadsheet in its response on October 30 and I would simply like a copy of it.

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

Yours faithfully,

Owen Sheppard

Westminster City Council

Information request
Our reference: 12250473

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

 
Dear Mr Sheppard
 
Re: Request for Internal Review ' 12250473
 
Thank you for your request for a review received on  3 December 2019  in
respect of:

Scheme
Freedom of Information Act

Details
Dear Westminster City Council,

Thank you for your response on October 30.

Could I please request a copy of the spreadsheet called 'S106
Holding Account'.

As details of individual section 106 agreements are made public, I
should hope there would be no reason for the council to consider
withholding this information.

Yours sincerely,

Internal Review

I am writing to request an internal review of Westminster City
Council's handling of my FOI request 'Unspent section 106 money'.

I disagree with your reason for refusing my application and I
would like to request that you carry out an internal review.

In your response on November 27 you said: "Information about
actual spend of the funds requires collating from the relevant
departments and finance teams."

It should not require any work to collate information in order to
comply with my request, as I am simply asking for an exact copy of
the spreadsheet called 'Section 106 Holding Account'.

The council told me about the existence of this spreadsheet in its
response on October 30 and I would simply like a copy of it.

 
I can confirm that we are looking into your query, and will endeavour to
respond within 20 working days of receipt of your email.
 
Your complaint is therefore due for a response by 3 January 2020.
 
Yours sincerely
 
 
Westminster City Council
Information Management Team
Tel: 0207 641 3921
Email: [1][email address
Web: [2]www.westminster.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.
 

References

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1. mailto:[email address]
2. file:///tmp/www.westminster.gov.uk

Westminster City Council

1 Attachment

Information request
Our reference: 10829925

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

Dear Mr Sheppard,
 
Thank you for your recent request for an Internal Review.
 
Please find the council's response attached.
 
 
Yours sincerely
 
 
Information Management Team
Westminster City Council
Information Services
Email: [email address]
Web: [1]www.westminster.gov.uk
 

References

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1. file:///tmp/www.westminster.gov.uk

Westminster City Council

2 Attachments

Information request
Our reference: 12250473

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

Dear Mr Sheppard,
 
Thank you for your request for an Internal Review into the handling of
this request (12250473).
 
Please find the council's response attached.
Yours sincerely
 
 
Information Management Team
Westminster City Council
Information Services
Email: [email address]
Web: [1]www.westminster.gov.uk
 

References

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1. file:///tmp/www.westminster.gov.uk

Hello,

Just wanted to say thank you for your response and for providing the information I requested.

Kind regards,

Owen Sheppard