FI17152

Request

I am writing to request information under the Freedom of Information Act 2000 in relation to the residential development at Mill Lane, Eastry.

Please provide the following information:

  1. Has Dover District Council entered into, or been involved in, any discussions, negotiations or agreements with the Home Office, any Government department, any registered housing provider, housing association, or accommodation provider regarding the use of any dwellings on the Mill Lane development?
  2. Are any properties within the development intended to be used as:
    1. Houses in Multiple Occupation (HMOs);
    2. Temporary accommodation;
    3. Emergency accommodation;
    4. Accommodation for asylum seekers or refugees under any Home Office contract;
    5. Accommodation commissioned by Dover District Council or Kent County Council?
  3. If the answer to any of the above is yes, please provide:
    1. The number of properties involved;
    2. The proposed use;
    3. The date any agreement or discussions commenced; and
    4. Copies of any agreements, contracts, memoranda of understanding or correspondence, subject to any lawful redactions.
  4. Please provide copies of any correspondence between Dover District Council and the developer relating to the intended occupation or future use of the Mill Lane development since planning permission was granted.
  5. Has the Council received any application or request to vary the approved planning permission or change the intended use of any dwelling on the development? If so, please provide details.
  6. Please provide copies of any highway, traffic management or construction management plans relating to the occupation of homes before completion of the overall development.

Response

1. No.

2. The Council does not hold this information.

3. Not applicable.

4. This information is considered exempt from disclosure under Section 43(2) of the Freedom of Information Act (FOIA) as it is considered commercially sensitive. This Section exempts information whose disclosure would be likely to prejudice the commercial interests of any person. In this case, the exemption applies because it would be likely to harm or prejudice the commercial interests of both the District Council and the developer. 

Section 43(2) is a qualified exemption, and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged, the public interest in releasing the information must be considered. If the public interest in disclosing the information outweighs the public interest in withholding it, then the exemption does not apply and must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.  

Considerations in favour of the release of the information included the Council’s commitment to openness and transparency in its commercial activities, to allow public scrutiny and to demonstrate that public funds are being used in an efficient and effective way. Furthermore, private sector companies engaging in commercial activities with the public sector must expect some information about those activities to be disclosed.  

Considerations against disclosure included the recognition that disclosure is likely to affect the commercial position of both the Council and the developer regarding the current viability of the site.  It is in the best interests of all parties involved in these discussions that those matters remain confidential to protect commercially sensitive information of the developer.  Disclosure of this information is also likely to affect the Council's ability to negotiate with other developers in the future as it is considered that disclosure would be likely to deter potential future developers sharing commercially sensitive information with us. This would outweigh any benefits of release. It was therefore decided that the balance of the public interest lies clearly in favour of withholding the material on this occasion.  

Further guidance can be found at: Section 43 – Commercial interests | ICO  

It should be noted that there is already some information from the Council’s Housing Enabling Officer that has already been released into the public domain and this is available on the planning portal.

5. This information, if held, will be on the Council’s website as part of the planning application.

6. This information, if held, will be on the Council’s website as part of the planning application.