Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA

Contact: Information Team
[Croydon Borough Council request email]

NOTE: Please do not edit the subject line when replying to this email. If
you have a processing request, please ensure you quote that reference in
your emails to us.

Dear Graham Mitchell

Freedom of information request - FOI/9005

Subject: FOI - Work on Trumble Gardens, Brigstock Road

Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, subject to the application of
any exemptions. Where consideration is being given to exemptions the 20
working day timescale may be extended to a period considered reasonable
depending on the nature and circumstances of your request. In such cases
you will be notified and, where possible, a revised time-scale will be
indicated. In all cases we shall attempt to deal with your request at the
earliest opportunity.

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.

Please note that the directorate team may contact you for further
information where we believe that the request is not significantly clear
for us to respond fully. 

Kind Regard

Information Management Team

Croydon Digital Services

Assistant Chief Executive Directorate

7th Floor, Zone B

Bernard Weatherill House

8 Mint Walk

Croydon CR0 1EA

Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA

Contact: Information Team
[Croydon Borough Council request email]

NOTE: Please do not edit the subject line when replying to this email. If
you have a processing request, please ensure you quote that reference in
your emails to us.

Dear Graham Mitchell

FOI/9005

Subject: FOI - Work on Trumble Gardens, Brigstock Road

Freedom of Information request or EIR

Thank you for your recent request for information. This is to inform you
that we are unable to answer your request based on what you have
requested.

Could you please clarify in greater detail exactly the information you are
requesting 

Specifically, which s106 you are referring to as our team can not locate
anything relating to your request on our system. 

Kindly be informed that the time for processing your request stops until
we hear from you.  Please quote the above reference in your correspondence
with us. In some circumstances a fee may be payable and if that is the
case, either myself or a colleague will let you know the likely charges
before proceeding.

If we do not hear from you within the next 20 working days we will close
your request.

Please provide your clarification by responding to this email. Please do
not amend the Subject line.

Kind Regard

Information Management Team

Croydon Digital Services

Assistant Chief Executive Directorate

7th Floor, Zone B

Bernard Weatherill House

8 Mint Walk

Croydon CR0 1EA

Dear Graham Mitchell, 

Thank you for your response below. 

I have sent your email back to the service and requested they provide a
response as soon as possible. 
We will update you when any further progress has been made with your
request. 

Kind regards, 
Information Management Team.

Dear [email address],

Can you please stop messing around? I already replied to you on I
February 2024 as follows:

How can you not find the information? It is on a spreadsheet on the
Council website at these links:

https://www.croydon.gov.uk/sites/default...

https://view.officeapps.live.com/op/view...

Just search S106 on the council site.

Its on Row 12 of the spreadsheet

Details: S106 Approved Expenditure Tracker
Period July 2012 to December 2023
Details: Trumble Garden Playground and Vegetation
Detail: Open Space
Ward: Thornton Heath
Amount: £30,124.20. 

I assume that is sufficient information to enable you to trace the
application for the funding and to provide me with the outstanding
information.

Yours sincerely,

Graham Mitchell

show quoted sections

Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA

Contact: Information Team
[Croydon Borough Council request email]

Dear Graham Mitchell

Request FOI/9005

Further to your request received on 10/01/2024, I confirm that the Council
has now considered your request under the Environmental Information
Regulations. 

Specifically, you have requested the following information:

Can you please let me have sight of the application for S106 funding
lodged in 2023 relating to the playground extension or any other
description. Please also let me have sight of the S106 application being
approved.

Please also let me have sight of the plans which accompanied the S106
application to show what work was to be done and what the finished project
would look like.

Please also let me have sight of the estimates submitted by the various
contractors who bid for the work. Please state the name and address of the
successful contractor.

Also, did the contractors stick to the budget allocated or did they seek
further funding over and above the amount sought in the S106 application.

The Council will not be releasing this information to you as we believe it
is exempt from disclosure under the exception in the Environmental
Regulations 12(5)(e) relating to confidentiality provided by law to
protect a legitimate economic interest.
The information is considered, by the Council, to be commercially
sensitive as its disclosure would adversely affect or be very likely to,
prejudice the commercial interests of the of Council and/or any third
party.
Reliance upon an exemption under the EIR is always subject to the
requirement under Regulation 12(1)(b) that the public interest in
maintaining the exception outweighs the public interest in disclosing the
information. 

Although there is always a clear case for transparency of council spend
and in informing the public how the council allocates taxpayer’s
resources, the information is considered, by the Council, to be
commercially sensitive as its disclosure would, or would be likely to,
prejudice the commercial interests of the of Council, as it is considered
that if the information is disclosed to you it could potentially weaken
the Council ability to obtain value for money in respect of any future
purchases of this type.  

In addition, bidders that submit bids may be reticent to provide
confidential information that the Council require to properly evaluate
bids, making it harder for the Council to select the most appropriate
contractor for the procurement.

It is important to remember that when information is released under the
Freedom of Information Act 2000, it is considered released to the wider
public. In deciding whether to apply this exemption the Council is
expected to balance the public interest test in withholding the
information against the public interest in disclosing the information.

However in this case, we can advise as follows:

Please note that there is no map to reflect the extend of works, this was
instructed to the contractor verbally as per industry customary method.

Please be aware that although the total cost of the works amounts to £30k,
there were delivered in separate phases under separate quotes and there is
no obligation to tender works under £10k as the related to this project

Please see below the amount that was awarded for each project, we can
confirm that the works were achieved within budget.

Objective Description Amount
S106 52 - 54 SELHURST ROAD SOUTH NORWOOD, LONDON SE25 5QD,  £6,990.40
07/01913/P
S106 - 49, 51, 51A & 53 NORBURY ROAD -09/00709/P £1,488.40
152 - 160 THORNTON RD (A23 PROJECT) 03/00841/P £1,096.96
ALEXANDER LODGE 1A MULGRAVE ROAD CROYDON CR0 1BL - 10/02493/P £6,687.68
LAND AT JUNCTION OF MITCHAM ROAD AND THORNTON ROAD CROYDON £5,912.01
12/02982/P
S106 175A BRIGSTOCK ROAD THORNTON HEATH  10/01246/P £7,948.75

                                                                                                                                   
                                                                                                                      
                 TOTAL: £30,124.20
 

Please note that any further information within scope can be accessed via
Public Access Register using the following link: [1]Public Access Register

Please also find attached guidance on how to search the register which you
may find helpful.

The Council publishes Access to Information requests and responses on its
online Disclosure Log. (Any request included within this log will be
anonymised appropriately)

To view the Council’s Disclosure Log, please visit our website available
here:

[2]The Freedom of Information (FOI) Act | Croydon Council
(disclosure-log.co.uk)

If you are dissatisfied with the way the Council has handled your request
under the Environmental Information Regulations you may ask for an
internal review. This should be submitted to us within 40 working days of
this response. You can do this by outlining the details of your complaint
by:

Email:        [3][Croydon Borough Council request email]

Writing:     Information Team

London Borough of Croydon

Bernard Weatherill House

Floor 7 - Zone B

                  8 Mint Walk

Croydon, CR0 1EA

Any requests received after the 40 working day time limit will be
considered only at the discretion of the council.

If you are not content with the outcome of the internal review, you have
the right to apply directly 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

Yours sincerely,

Information Team

Croydon Digital Services

Assistant Chief Executive Directorate

Bernard Wetherill House,

Mint Walk,

Croydon,

CR0 1EA

[4][Croydon Borough Council request email]

[5][email address]

References

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