FOI request (FOI212044)

HS/FA/17/00003 | Erection of 32 dwellings | Little Acres Farm, Frederick Road, Hastings

Requested Tue 04 July 2017
Responded  Tue 04 July 2017

Please provide copies of all correspondence between HBC and consultees, the developer and the developer's agents for this application.

Correspondence is to include all forms of communication and both items received and sent.

Please treat this as a request under FOI if necessary.

Please be aware that the deadline for comments is approaching so please provide requested information before such deadline is reached.

Response

Please accept my apologies for the delay in responding.

All the information is attached to the case online via the planning pages: www.hastings.gov.uk

NOTICE OF REFUSAL

Under Environmental Information Regulations the information relating to the viability report/assessment are exempt under Section 12(5)(e) 'Confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest'

We have considered the following:

• Is the information commercial or industrial
• Is the information subject to confidentiality provided by law
• Is the confidentiality protecting a legitimate economic interest
• Would disclosure adversely affect the confidentiality

Section 12(5)(e) is subject to a public interest test.  This means that a public authority can refuse to disclose information under these exceptions if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.

Factors for disclosure:

1. Transparency and accountability

Factors against disclosure:

1. The viability includes cost/m2, excluding abnormal items, for dwellings that was based on The Park Lane Groups own construction costs that were arrived at from historic internal cost information that is specific to The Park Lane Group rather than generic m2 rates taken from BCIS data.

2. The viability included detailed costs for a number of site specific abnormal items.  These abnormal items were presented in the form of detailed measures and Bills Of Quantities that were costed using Park Lane Groups own historic rates that they have from previous projects and such rates have been secured through their supply chain of sub-contractors and material suppliers on previous developments/sites.

3. As part of the post submission discussions with the Council and their appointed consultant The Park Lane Group provided detailed breakdowns of the costs in relation to their Professional Fees and more importantly their Sales costs.

4. Should the viability be made available to our competitors, then that information would cause The Park Lane Group harm when tendering/bidding for future sites.  Our competitors would have an unfair advantage in forming an opinion on how The Park Lane Group would look to bid on future development sites and consequently this would have a harmful effect on the future business of The Park Lane Group.

For the reasons given above Hastings Borough Council will therefore not be disclosing the information requested.