Thank you for your email which has been forwarded to the FOI office for response.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]
Website: www.swindon.gov.uk

show quoted sections

Dear Mr. Reid,

Ref FOI Freedom of Information Request 101000262270

Thank you for your request for details of Variations & Renegotiations to
Section 106 agreements, dated 2nd March 2011,received in our office on 2nd
March 2011:

Under the terms of the Freedom of Information Act 2000, the Council has a
duty to respond `promptly' or no later than 20 working days, which in this
case is 30th March 2011.

If you have any queries about this letter please contact me as detailed,
quoting the above reference number.

Yours sincerely,

Mr. Ceri Stephens([email address])
Performance Officer
Environment Regeneration & Community
Swindon Borough Council
Tel: 01793 466220
Web: www.swindon.gov.uk

The views expressed in this email are personal and may not necessarily
reflect those of Swindon Borough Council unless explicitly stated
otherwise. This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose it's contents to any other
person. Senders and recipients of email should be aware that, under the
Data Protection Act 1998 and Freedom of Information Act 2000, the contents
may have to be disclosed. The contents may be subject to recording and/or
monitoring in accordance with relevant legislation This footnote also
confirms that this email has been swept by Anti-Virus software for the
presence of computer viruses. However, Swindon Borough Council cannot
accept liability for viruses that may be in this email and we recommend
that you check all emails with an appropriate virus scanner.
....

Dear Geoff,

Would you like your FOI request responded to by email or mail. Is this the
correct email address to contact you on?

Regards

Tomasz Wysocki ([email address])
Planning Obligations Monitoring Officer
Planning
Swindon Borough Council
Tel: 01793 466396 [mobile number]
Web: [1]www.swindon.gov.uk
Please consider the environment before
printing this email

The views expressed in this email are personal and may not necessarily
reflect those of Swindon Borough Council unless explicitly stated
otherwise. This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose it's contents to any other
person. Senders and recipients of email should be aware that, under the
Data Protection Act 1998 and Freedom of Information Act 2000, the contents
may have to be disclosed. The contents may be subject to recording and/or
monitoring in accordance with relevant legislation This footnote also
confirms that this email has been swept by Anti-Virus software for the
presence of computer viruses. However, Swindon Borough Council cannot
accept liability for viruses that may be in this email and we recommend
that you check all emails with an appropriate virus scanner.
....

References

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

Dear Geoff,

Please find attached the FOI letter and detail as requested.

Kind regards

Tomasz Wysocki ([email address])
Planning Obligations Monitoring Officer
Planning
Swindon Borough Council
Tel: 01793 466396 [mobile number]
Web: www.swindon.gov.uk
Please consider the environment before
printing this email

show quoted sections

Dear Mr. Reid,

Ref FOI Freedom of Information Request 101000267058

Thank you for your e-mail request for information, dated 29th March 2011
received in our office on 29th March 2011:

Under the terms of the Freedom of Information Act 2000, the Council has a
duty to respond `promptly' or no later than 20 working days, which in this
case is 28th April 2011.

If you have any queries about this letter please contact me as detailed,
quoting the above reference number.

Yours sincerely,

Mr. Ceri Stephens([email address])
Performance Officer
Environment Regeneration & Community
Swindon Borough Council
Tel: 01793 466220
Web: www.swindon.gov.uk

The views expressed in this email are personal and may not necessarily
reflect those of Swindon Borough Council unless explicitly stated
otherwise. This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose it's contents to any other
person. Senders and recipients of email should be aware that, under the
Data Protection Act 1998 and Freedom of Information Act 2000, the contents
may have to be disclosed. The contents may be subject to recording and/or
monitoring in accordance with relevant legislation This footnote also
confirms that this email has been swept by Anti-Virus software for the
presence of computer viruses. However, Swindon Borough Council cannot
accept liability for viruses that may be in this email and we recommend
that you check all emails with an appropriate virus scanner.
....

Dear Mr Reid,

I refer to your FOI dated 29th March 2011; Please find below the Council's
response regarding your query:

Regarding my FOI question 3 "Who requested the renegotiation,
variation or change?":

1. In the 3 specific examples of T/98/0472 (Haydon 3), The Wichelstowe
development, and the Regents Circus (Old Swindon College Site) development
-

I wish you to interpret 'who' as meaning: which individual elected
members, (presumably but not limited to cabinet members), individual
officers, directors or chief/deputy executive officers of the council or
representative acting for the developer in each case requested a variation
or other change to those agreements.

Wichelstowe - There has been no renegotiation of the original legal
agreement dated 19th May 2005 to date. There have been three Supplemental
Deeds the purpose of which were to identify Affordable Housing provision
and location.

Regent Circus - There has been no renegotiation of any legal agreement as
to date no agreement exists for this site and no planning permission has
been issued. The current application has approval to grant subject to the
execution of a Section 106 legal agreement.

Haydon III - please see comments below (Q.2)

2. Please supply copies of cabinet minutes and reports pertaining to the
T/98/0472 Haydon 3 deed of variation.

The proposal for the deed of variation was reported to Planning Committee
on the 12th August 2008 as a Private and Confidential Report not for
public viewing. For this reason there has been a need to seek legal advice
as to whether the report and accompanying minutes are exempt from
disclosure under the FOI legislation. I am still awaiting the legal
clarification in this respect and expect to be able to reply within the
next 10 working days.

3. Please supply copies of cabinet minutes and reports pertaining to the
renegotiated, varied or otherwise changed 106 agreements for the Regents
Circus (Old Swindon College Site) development(s).

Not applicable.

4. Please supply copies of cabinet minutes and reports pertaining to the
renegotiated, varied or otherwise changed 106 agreement(s) for the
Wichelstowe development.

Not applicable.

Yours sincerely

Tomasz Wysocki ([email address])
Planning Obligations Monitoring Officer
Planning
Swindon Borough Council
Tel: 01793 466396 [mobile number]
Web: [1]www.swindon.gov.uk
Please consider the environment before
printing this email

The views expressed in this email are personal and may not necessarily
reflect those of Swindon Borough Council unless explicitly stated
otherwise. This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose it's contents to any other
person. Senders and recipients of email should be aware that, under the
Data Protection Act 1998 and Freedom of Information Act 2000, the contents
may have to be disclosed. The contents may be subject to recording and/or
monitoring in accordance with relevant legislation This footnote also
confirms that this email has been swept by Anti-Virus software for the
presence of computer viruses. However, Swindon Borough Council cannot
accept liability for viruses that may be in this email and we recommend
that you check all emails with an appropriate virus scanner.
....

References

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

Mr Reid

Further to my colleagues response on 28th April 2011 to your original
enquiry, it was explained that we were unable to provide a response to one
matter, as it was necessary to seek a legal opinion to determine whether
the report requested was exempt from release. I can confirm that the
report in question is not exempt from release under the FOI act, and the
reason is explained in the accompanying attached letter.

I therefore attach a copy of the relevant report and I believe that all
outstanding matters in relation to this enquiry are now concluded.
I hope this information is of use.

Regards

Sarah
Sarah Screen
Planning Obligations Project Manager
Planning
Swindon Borough Council
Planning Development & Performance, 4th Floor, Wat Tyler House,
Beckhampton Street, Swindon, SN1 2JH.
Tel: 01793 46 6397
Fax: 01793 466459
Email: [email address]
Web: <[1]www.swindon.gov.uk>

Please consider the environment before printing this email.

The views expressed in this email are personal and may not necessarily
reflect those of Swindon Borough Council unless explicitly stated
otherwise. This email and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose it's contents to any other
person. Senders and recipients of email should be aware that, under the
Data Protection Act 1998 and Freedom of Information Act 2000, the contents
may have to be disclosed. The contents may be subject to recording and/or
monitoring in accordance with relevant legislation This footnote also
confirms that this email has been swept by Anti-Virus software for the
presence of computer viruses. However, Swindon Borough Council cannot
accept liability for viruses that may be in this email and we recommend
that you check all emails with an appropriate virus scanner.
....

References

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