FI16799
Request
I am writing to request information under the Freedom of Information Act 2000 regarding the provision and funding of affordable housing in council-supported developments across the Dover District, with a particular focus on the council’s recent financial decisions, partnerships with developers, and delivery outcomes since January 2021.
Please provide the following:
1. Datasets listing all housing developments (commenced or approved since 1 January 2021) in which Dover District Council has played a role (as landowner, funder, planning authority, or delivery partner). Please include:
• Name and location of each development
• Number and type of housing units (market, affordable, social rent, shared ownership, etc.) originally proposed and finally delivered
• Relevant planning reference numbers
2. Copies of internal reports, briefing papers, and policy reviews produced or commissioned by the Council since January 2021 that discuss:
• The impact of recent financial pressures, budget constraints, or central government funding reductions on the council’s affordable housing delivery strategy
• The prioritisation or deferral of affordable or social housing projects due to financial or budgetary changes
3. Copies of minutes and reports from Cabinet, Housing, or Regeneration committee meetings since January 2021 where:
• Financial decisions relating to affordable housing delivery were considered
• Disputes or negotiations with developers around affordable housing provision were discussed
4. Procurement documents or contracts (including redacted commercially sensitive details if necessary) with external housing developers, housing associations, or joint venture partners entered into since January 2021 concerning:
• Housing developments involving the delivery or funding of affordable housing units
• Outsourcing or partnership models, such as council-owned companies or joint ventures, for housing regeneration or delivery projects
5. Copies of all internal correspondence (including emails or memos) since January 2021 between Housing Services, Financial/Accounting Departments, and Senior Management regarding:
• The financial viability, modelling, or reallocation of funding for affordable housing schemes
• Any reductions, renegotiations, or withdrawals of affordable housing obligations in planning agreements (Section 106 or other mechanisms)
6. Correspondence and briefing notes exchanged since January 2021 between Dover District Council and external organisations (including housing associations, developers, government agencies, and Homes England) relating to:
• Funding applications, approvals, or rejections for affordable housing
• Compliance with policy or regulatory changes affecting affordable housing
Response
1. This information is attached.
2. This information can be found by searching the Council’s at https://moderngov.dover.gov.uk/iedocsearch.aspx?adv=1&fc=1&SS=Text%20to%20search%20for
3. This information can be found by searching the Council’s at https://moderngov.dover.gov.uk/iedocsearch.aspx?adv=1&fc=1&SS=Text%20to%20search%20for
4. This information is exempt from disclosure under Section 43(2) of the Freedom of Information Act for the reasons set out below.
5. This information is exempt from disclosure under Section 43(2) of the Freedom of Information Act for the reasons set out below.
6. This information is exempt from disclosure under Section 43(2) of the Freedom of Information Act for the reasons set out below.
In respect of questions 4, 5 and 6, this information is exempt from disclosure under Section 43(2) because the information being requested is:
- commercial in nature,
- is protected by law through the common law of confidence (as they are not trivial and have not been released into the public domain) as well as through the contractual obligations of confidence.
- The confidentiality is protecting a legitimate economic interest.
- The confidentiality would be adversely affected by disclosure.
This exception is subject to the Public Interest Test. This is where public authorities have to consider the balance of the public interest in relation to a request and the subsequent release of information.
The Public Interest Test in favour of disclosure
- A public authority should apply a presumption in favour of disclosure when considering a request for information.
- The central public interest in disclosure of this information lies in creating transparency and accountability in the spending of public money and in the financial decisions the Council has made.
The Public Interest Test against disclosure
- Release of the information would adversely affect the legitimate economic interests of the Council and development partners by revealing market sensitive information or information that is of potential value to other developers. This would cause harm to the commercial position of the Council in negotiating future affordable delivery options as well as to our development partners.
- It is in the strong public interest of the Dover District taxpayers that the Council remains able to deliver affordable housing in way that use our resources in the most cost effective manner.
- There is a strong public interest in commercial confidences being maintained. The likelihood of commercial damage being caused to the Council and developers through disclosure of information we consider commercially sensitive would adversely affect the relationship between the individual developers and the Council.
Summary and conclusion
There is significant public interest for the public in having the right to know the how the Council is developing affordable housing projects and the terms under which any developments or grants are structured. However, there is a strong need to protect the legitimate economic interests of the both the Council and it’s development partners when negotiating take place for other similar contracts. Release of the information would harm both the Council’s and the development partners’ competitive position in other procurements and in the market generally. This is not in the interests of the Council, development partners, or the public. On balance it is concluded that the information should not be released.
Attachments
Attachment