Dear Mr Johnson Environment Information Regulations: Mount

Corporate Management
Our ref: MGLA140414-3967
Date: 30 June 2014
Dear Mr Johnson
Environment Information Regulations: Mount Pleasant
Thank you for your request for information which the Greater London Authority (GLA) received on
12 April 2014. Please accept my apologies for the delay in responding.
You asked for:
Please release all correspondence, electronic or otherwise, between the Mayor of London,
the Mayor of London's office, and Royal Mail over the Mount Pleasant site.
Please also release any details of meetings (time and date for eg) between the Mayor of
London, his representatives, and the Royal Mail over the Mount Pleasant site.
Please find attached some of the information you have requested. Some of the information you
requested is being withheld from disclosure under the Environment Information Regulations. The
attached annex sets out the exceptions to disclose in full.
The meetings which have taken place are listed below.
Date
Title/Subject
Attendees
Location/sustenance
12 September
2012 12:00-13:30
Mount Pleasant preplanning application
Samantha Wells, GLA (case
officer)
Colin Wilson, GLA (senior
manager)
Ruth Beard, DP9 (planning
agent)
Oliver Sheppard, DP9 (planning
agent)
Eugene Doyle – RMG
(applicant)
Stewart Kain – M3 (applicant’s
property consultant)
Richard Cowan – M3 (property
consultant)
City Hall, Room 3.6W
Pre-application
meeting requested by
applicant to discuss
design principles
(Meeting paid for by
applicant in
accordance with GLA
protocol)
06 December
2012 1pm to 2pm
and 2.30pm to
4.30pm
Mount Pleasant preplanning application
follow up meeting
requested by applicant
to discuss design
evolution and energy
matters
(Meeting paid for by
applicant in
accordance with GLA
protocol)
Simon Allford – AHMM (lead
architect)
Ceri Davies – AHMM (architect)
Paul Eaton – Allies and
Morrison architect
GLA
Samantha Wells,
Colin Wilson
Keith Routledge, Energy Team
City Hall, Room 4.7W
Applicant
Eugene Doyle – RMG
Ruth Beard - DP9
Oliver Sheppard - DP9
Richard Cowan - M3
Matthew Jones – AHMM
Julie Godefroy - Hoare Lea
(energy)
Mark Ryder/Mark Hardy Hoare Lea (sustainability)
Ceri Davies – AHMM
Paul Eaton - Allies and Morrison
Islington Council
Sarah Ricketts (case officer)
Emma Bushell (energy)
Camden Council
Richard McEllistrum (case
officer)
Kevin Fisher (energy)
15 May 2013
13:00-14:30
Mayor’s Regular
Planning Meeting
The Mayor and Deputy
Mayor received a preplanning application
presentation for the
London Dock scheme
(PDU/3063) and
Mount Pleasant
scheme (PDU/3032).
Boris Johnson, Mayor
Ed Lister, Deputy Mayor
Samantha Wells, Case Officer
Colin Wilson, Senior Manager
Justin Carr, GLA manager
Stewart Murray, Assistant
Director GLA
Patricia Charleton, TfL
TfL lawyer
Oliver Sheppard - DP9
Richard Cowan/Stewart Kain M3
Eugene Doyle – RMG
Paul Eaton - Allies and Morrison
(architect), Ceri Davies (AHMM)
Sarah Ricketts (LBI case officer)
Geraldine Knipe (LBI manager)
Richard McEllistrum (LBC case
officer)
City Hall, Committee
Room 1
Other planning staff from GLA
in audience
15 August 2013
17:00-17:30
Mount Pleasant
meeting
General discussion with
Samantha Wells, GLA
Stewart Murray, GLA
Stewart Kain, M3
Oliver Sheppard, DP9
City Hall, Room 3.4.W
applicant about
strategic issues relating
to application, in
particular affordable
housing and progress
of application
18 November
2013 13:30-14:30
Mount Pleasant
Meeting
between Boroughs,
applicant and GLA
about progress with
application, particularly
in relation to
borough’s outstanding
concerns in relation to
affordable housing
04 December
2013 11:00-12:00
Mount Pleasant
meeting
07 January 2014
12:00-13:00
To discuss progress
made since 18
November meeting in
relation to affordable
housing
Mt Pleasant - meeting
with DP9
06 February 2014
09:30 – 13:00
07 April 2014
12:00 – 14:00
09 April 2014
15:00 – 17:00
To discuss delays in
committee reporting
by boroughs and
process of Mayoral
call-in
Mt Pleasant meeting
Between council, GLA
case officer, and
applicant’s
representatives to
discuss call-in process
and outstanding
concerns of the
boroughs
Mt Pleasant meeting
Meeting with applicant
to discuss call-in
process in relation to
planning performance
agreement, affordable
housing review and
issues arising from
borough reporting
Mount Pleasant call-in
Meeting to discuss
process, outstanding
Samantha Wells, GLA
Colin Wilson
Frances. Wheat, Camden (Head
of Planning)
Ed Watson, Camden (Assistant
Director)
Victoria Geoghegan, Islington
(Head of Planning
Karen Sullivan, Islington
(Service Director)
Oliver Sheppard, DP9
Eugene Doyle, RMG
Martin Gafsen, RMG
Stewart Kain, M3
Samantha Wells, GLA
Justin Carr, GLA
Oliver Sheppard, Dp9
Stewart Kain, M3
GLA, City Hall Room
1.1E
Justin Carr
Colin Wilson
Samantha Wells,
Oliver Sheppard, Dp9
Hugh Sowerby, Dp9
City Hall, Room 4.7W
Samantha Wells, GLA
Richard McEllustram, Camden
Sarah Ricketts, Islington
Victoria Geoghegan, Islington
Oliver Sheppard, DP9
Hugh Sowerby, DP9
Stewart Kain, M3
Islington Offices
Samantha Wells, GLA
Colin Wilson, GLA
Oliver Sheppard, Dp9
Hugh Sowerby, Dp9
Stewart Kain, M3
City Hall, Room 4.7W
Samantha Wells, GLA
Justin Carr
Oliver Sheppard - DP9
Hugh Sowerby- DP9
City Hall, Room CR9
City Hall, Room 6.0W
issues, affordable
housing, s106 draft:
actions, next steps;
conditions.
Sarah Ricketts, LBI
Ciara Power, LBI
Richard McEllistrum, LBC
If you have any further queries relating to this request then please get in touch.
Yours sincerely,
Paul Robinson
Information Governance Officer
If you are unhappy with the way the GLA has handled your request, you may complain
using the complaints procedure, available at:
http://www.london.gov.uk/mayor-assembly/gla/governing-organisation/freedominformation
Annex
EIR exception
Regulation 12 (5) (e) Commercial Confidentiality
12.—(5) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the
extent that its disclosure would adversely affect—
(e) the confidentiality of commercial or industrial information where such confidentiality is
provided by law to protect a legitimate economic interest
How the exemption applies to this information
•
Is the information commercial or industrial in nature?
The GLA considers that the information withheld from disclosure relates to the commercial activities of
RMG because it relates to the pursuit of a planning application which will facilitate the construction and
sale or rent of a development.
The withheld information contains assumptions regarding sales / rental prices including investment
information and yield assumptions as well as affordable housing valuations, land value, construction costs,
enabling work costs and professional fees which were submitted to the GLA in support of the planning preapplication process.
The GLA therefore considers that this information is clearly commercial in nature.
•
Is the information subject to confidentiality provided by law?
The GLA‘s view is that the withheld information is subject to a duty of confidence provided by law.
Detailed commercially sensitive information has been provided to the GLA with a strict understanding that
the information is and would remain confidential. Indeed, the information submitted to the GLA is
supported by confidentiality markings. RMG’s viability assessment was clearly marked as confidential and
commercially sensitive.
The information is neither otherwise accessible nor trivial in nature as it relates to a significant local
development therefore the information has the necessary quality of confidence. Communications sent to
the GLA which supported the pre-application process include comments and attachments were shared in
circumstances which import an obligation of confidence.
•
Is the confidentiality provided to protect a legitimate interest?
Legitimate economic interests include retaining / improving the market position of RMG and ensuring
competitors do not gain access to commercially valuable information and protecting bargaining positions.
•
Would the confidentiality be adversely affected by disclosure?
o
o
o
o
o
o
Disclosure of the information subject to this exception would provide RMG’s competitors with
an advantage in bidding for the site in question and impact upon the process of negotiations
for the sale of the site.
Any information regarding affordable housing values will impact on the negotiations in
relation to the sale of the residential units to a registered provider or other party.
Knowledge of the land value methodology employed by RMG would compromise commercial
negotiations on a sale of the site.
The construction costs used to calculate RMG’s residual land values are extremely
commercially sensitive and their disclosure would impact on RMG’s future commercial
negotiations.
Cost assumptions regarding enabling works form part of the project and their disclosure would
impact upon RMG’s negotiations regarding cost of the enabling works to be carried out by
contractors.
Disclosure of Professional fees would put RMG at a disadvantage in future negotiations.
Public interest test
In favour of disclosure;
•
•
•
Regulation 12(2) of the Environmental Information Regulations 2004 require authorities to exercise a
presumption to disclose
There is a general public interest in openness, transparency and accountability of public authorities.
Disclosure of some of the commercially sensitive material may allow for greater public participation
local planning debates and ensuring that local authorities are achieving best value for money and
achieving satisfactory affordable housing targets.
In favour of non-disclosure;
•
•
•
•
It is not in the public interest to release this information at this time as it relates to current and
commercially sensitive information
The information which is subject to this exception includes detailed information of a commercial nature
that is unique to the planning application process and the applicants’ method of business in a
competitive environment. The information therefore is not trivial in nature and would have an adverse
effect on the applicants' commercial interests if disclosed which is not in the public interest.
Disclosure could enable third parties to gain access to strategic commercial and business information
providing an unfair advantage.
The requested information is not readily accessible in the public domain, nor has it been made
available on any public register. This supports the use of this exception in that the information is
confidential in nature.