Knowle relocation project: >>> Information Commissioner tells East Devon District Council to publish documentation >>> Decision Notices now available on-line

Last week, the Information Commissioner issued three separate Decision Notices asking the District Council to publish information on its relocation project:
Futures Forum: Knowle relocation project: BREAKING NEWS >> >>> Information Commissioner tells East Devon District Council to publish documentation

The ICO has just put the Decision Notices on its website:
https://search.ico.org.uk/ico/search/decisionnotice

They are:

Decision Notice on Case: FER0608237
"Projected maintenance costs for relocation project"

East Devon District Council

25 October 2016, Local government (District council)

The complainant requested documents relating to the councils plan to build new offices for itself. Various documents were requested. The council disclosed some however other documents were withheld under Regulation 12(5)(e). The council argues that these contain the price bid for the land where the current council offices are situated, and estimated costs which the council has drawn together for the development of its new offices. The Commissioner’s decision is that the council has correctly applied Regulation 12(5)(e) to the costs assumptions and under the circumstances of the case the public interest rests in maintaining the exception in this case. 

He has however decided that the council was not correct to apply Regulation 12(5)(e) to the conditional price agreed with the developer, Pegasus, for the land. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to disclose the relevant documents, excluding sections which provide details of the councils cost assumptions.

EIR 12(5)(e): Partly upheld

Decision notice FER0608237

PDF

Decision Notice on Case: FER0623403
“Decision process which led to the award of the conditional contract with Pegasus re Knowle”

East Devon District Council

25 October 2016, Local government (District council)

The complainant has requested information regarding the decision to award the contract for the development of the Knowle site in Sidmouth to PegasusLife. In particular he requested information about the bidding process. 

East Devon District Council (the council) provided the majority of the requested information but withheld under regulation 12(5)(e) information regarding minutes of meetings and correspondence on the subject the decision to award the contract to PegasusLife. The Commissioner’s decision is that the council failed to demonstrate that regulation 12(5)(e) is engaged.

EIR 12(5)(e): Upheld

Decision notice FER0623403

PDF 

Decision Notice on Case: FER0626901
“Pegasus agreement re Knowle”
East Devon District Council

25 October 2016, Local government (District council)

The complainant has requested a copy of an agreement between East Devon District Council and a developer, Pegasus Life, in relation to a site at Knowle. East Devon District Council refused the request, citing section 43(2) of the FOIA and regulation 12(5)(e) of the EIR. 

The Commissioner’s decision is that East Devon District Council has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information to the complainant.

EIR 12(5)(e): Upheld

Decision notice FER0626901

PDF

The WhatDoTheyKnow website, where the FOI requests were originally made, has more:

Case: FER0608237: 
Projected maintenance costs for relocation project - a Freedom of Information request to East Devon District Council - WhatDoTheyKnow

Case: FER0623403: 
Decision process which led to the award of the conditional contract with Pegasus re Knowle - a Freedom of Information request to East Devon District Council - WhatDoTheyKnow

Case: FER0626901: 
Pegasus agreement re Knowle - a Freedom of Information request to East Devon District Council - WhatDoTheyKnow
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