Our Ref: / FOI 2344
Your Ref:
Please Contact: / John Giddings
Telephone: / 01422 393074
Fax: / 01422 393073
Email: /
Date: / 13th October 2014
Mr Andrew Marsden
/

Democratic & Partnership Services

Northgate House
Northgate
HALIFAX
HX1 1UN

Dear Ms Marsden

Freedom of Information Act 2000 – Internal Review

I am writing to you in respect of your recent request for an internal review.

You requested the full terms and conditions set forward by Yorkshire forward. Please find attached the documents showing the terms and conditions set by Yorkshire Forward relating to the development scheme.

You further asked for clarification “In question 12 I stated that "The council asked Genr8 to commit additional funding to the delivery of the highway to Holmes road". This was extracted from the minutes of a recent council meeting. In reply "The council did not ask Genr8 to commit additional funding to the highway to Holmes road". So was information given at the council meeting factually incorrect?

The FOI question was interpreted as asking whether the Council had asked Genr8 to commit its own funding towards the development scheme. As indicated in the response provided, this is not part of the development partner role and not a requirement within the terms of the Development Agreement.

Genr8’s role under the Development Agreement does, however, include bringing in private sector (i.e. from third parties) investment for the development scheme and so in that context it is correct, as was stated in the Cabinet report submitted on 14th July 2014, to say that one of the options the Council had considered for funding the delivery of the highway to Holmes road was “5.2 Genr8 as the Council’s delivery partner to commit additional funding…”. (In this context, the additional funding referred to would be private sector investment from a third party, but not from Genr8 itself).

Finally you had asked for all documentation which relates to the viability of the various stages of the scheme. I can only apologise for the fact that this was not responded to in your original request. The information you requested is being withheld as it falls under the exemption in section 43 of the Freedom of Information Act. Section 43 provides an exemption to disclosure if the information requested is commercially sensitive.

Please find enclosed a Section 17 Exemption Notice as required by the Act.

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If you remain dissatisfied with this decision, please contact the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

Yours sincerely

John Giddings

Principal Information Governance Officer

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Notice under s17 of the Freedom of Information Act 2000

Calderdale Council hereby gives notice to Andrew Marsden under section 17 of the Freedom of Information Act 2000 that the information requested on 22nd September for all documents which relate to the viability of the various stages of the Copley / Sowerby Bridge scheme is exempt information under the Freedom of Information Act.

The Exemption which applies in this case is specified in section 43.2 of the Freedom of Information Act in that releasing the information requested could prejudice the commercial interests of this authority and outside bodies.

Public Interest Test:

This exemption is qualified and on that basis I have considered whether or not, in this case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. In coming to a decision to maintain the exemption I have considered the following public interest factors in favour of disclosing the information:

  1. The public interest in promoting accountability and transparency in the exercise by a public authority of its actions and decisions in these matters.
  2. Public money is being used effectively, and that Calderdale is getting value for money when initiating the various stages of the scheme.
  1. The Council’s' commercial activities, including the procurement process, are conducted in an open and honest way

Against that, I have balanced the following public interest factors in favour of maintaining the exemption:

  1. Viability is assessed on the basis of details of commercial land values. This if disclosed could impair the Council’s ability to obtain the best future capital receipt for the site.
  1. Documents held contain information on anticipated sales, which if disclosed in advance, would impair Genr8’s ability to negotiate with third parties when it comes to actually selling completed units on the site.
  1. Documents held contain information on anticipated rental values, which if disclosed in advance, would impair Genr8’s ability to negotiate with third parties when it comes to actually letting the completed units on the site.
  1. Releasing detailed contractor/third party costs, would adversely affect their market position.
  1. Over time, the information may become less sensitive and, as such, may be released at a later date

On balance I do not consider that the public interest outweighs the need to disclose the requested documents at this time.

If you are unhappy with my response, you should, in the first instance, write to the Head of Democratic and Partnership Services, Northgate House, Northgate, HX1 1UN. If you remain dissatisfied with our decision, then you may appeal against that to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

Signed ……John Giddings ……………………………

[Principal Information Governance Officer]

Dated ………………17th October 2014…………………………

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