FOI request (FOIR-521255026)

Location and information on Play areas

Requested Sun 04 June 2023
Responded Mon 19 June 2023

I am looking to gather information on council held or funded play grounds/play areas.

I have split this request into primary and secondary information as I understand that some of the secondary information may not be held in an easily accessible format. Please provide what you can from the secondary information within the confines of the FOI.

Primary Information:

a. The name and location (postcode) of all playgrounds in your district (either owned, supported or maintained by Hastings Borough Council).

Secondary Information:

b. free parking available (yes/no)

c. disabled friendly (yes/no)

d. list of equipment (for example, slide, swings, nest swing)

e. the initial cost of installation

f. year of installation

g. maintenance cost

Please provide this in an Excel format with the column titles:

- Playground name

- Playground location

- Fee parking available

- Disabled friendly

- List of equipment (comma separated)

- Year of installation

- Initial cost

- Maintenance cost

- Health and safety score/link to document

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Response

Please see attached document.

NOTICE OF REFUSAL

The information you have requested in respect of contract costs is commercially sensitive and falls under Section 43 of the Freedom of Information Act - Commercially Sensitive Information.

Information prejudicing commercial interests - commercial interest relating to an organisations commercial activity and may include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.

Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a) accountability of public spending

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:

a) ensuring that companies are able to compete for business fairly

b) damage to reputation and/or financial interests

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.

For the reasons given above we will not be communicating to you the information you have requested.

Attachments

• FOIR-521255026_FOIR-521255026_1-Copy_of_Copy_of_Playgrounds_FOI._12.6.23.xlsx