Response
Thank you for your request of 20 February regarding the above.
1. Your request was for the following information:
I would like to understand how the North London Waste Authority determined and agreed the purchase price of £12,084,200 that it paid to LB Barnet for the Pinkham Way site under its contract with Barnet Council dated 17 December 2009.
I should be grateful if you would kindly include with your reply:
1. any and all valuation reports on the site that the NLWA received, including the instructions that the NLWA gave to the relevant valuers when the NLWA commissioned those reports;
2. all correspondence on this matter between the NLWA and Barnet Council, including any notes of meeting between NLWA officers or Members and Barnet Council officers or Members where the valuation or prospective purchase price was discussed or negotiated
3. the record of the decision that the NLWA took to buy the site, including the officers’ report to the Members recommending the purchase of the site, and recommending the purchase price to be paid.
Were any alternative sites considered for purchase during year 2009, and, if so, which?
Please also let me have similar details and documentation relating to the site’s present valuation in the current accounts of the NLWA
2. NLWA Response
2.1 This request is being handled under the Environmental Information Regulations (EiR) 2004 and has been allocated the reference number 2019-11 and we respond as follows:
2.2 Site valuation information – item 1 of your request
• In line with financial requirements and our retention policy the Authority holds financial information for seven years. Accordingly, please find enclosed a site valuation report prepared by Savills, June 2018.
• The most recent valuation of the site was included in our annual report and accounts available at: http://www.nlwa.gov.uk/media/2539/2017-18-statement-of-accounts.pdf
• The terms of engagement, i.e. instructions, in the form of a task form for the work for the 2018 valuation is included as Appendix 1.
• We are still reviewing whether the Authority holds any other similar reports.
2.2.1 Redactions
Redactions have been made to both of the above reports for the following reasons:
o EiR exception regulation 12(5)(e) The confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest.
o This exemption is subject to a public interest test in which we have considered the following:
The public interest arguments for releasing this information are as follows:
• To do so would provide transparency and completeness in responding to this request, and
• Accountability of a public body.
The public interest arguments for withholding the information are as follows:
• Confidentiality is provided by law (given the inclusion of a contract confidentiality clause);
• The information is commercial in nature;
• The confidentiality is protecting a legitimate economic interest; and
• The confidentiality would be adversely affected by disclosure.
On balance we consider that the public interest is better served by withholding this information.
o General Data Protection Regulations (GDPR) – We have also redacted personal data in line with the GDPR.
2.3 Correspondence and meeting notes from 2009 – item 2 of your request
• Any correspondence or meeting notes from before 2012 are no longer retained in line with our retention policy available here: http://nlwa.gov.uk/data-protection/
• The Authority therefore does not hold the information from 2009 that you have requested at item 2. An Exception under Regulation 12 (4) a) of the EIR – ‘Authority does not hold the information’ therefore applies. This letter accordingly acts a refusal notice under the EIR for this part of the information that you have requested.
2.4 Record of decision to purchase the Pinkham Way site including any officer’s report – item 3 of your request
• There was an extraordinary meeting of the Authority on 1 December 2009 including an agenda item (number 6) entitled ‘Pinkham Way acquisition’ the agenda for and public minutes of this meeting are publicly available on the Authority’s website at: http://nlwa.gov.uk/governance-and-accountability/authority-meetings/reports-from-meeting-of-01122009/
• A copy of the officer report entitled ‘Pinkham Way Acquisition‘ was at the time considered exempt from publication for the reasons detailed in the report and the minutes. We have reviewed that exemption and consider that the grounds for exemption no longer apply. Accordingly please find enclosed a scanned copy of the printed officer report entitled ‘Pinkham Way Acquisition‘ for the Extraordinary Authority meeting on 01 December 2009 which includes information about the price to be paid.
2.4.1 Redactions
o General Data Protection Regulations (GDPR) – We have redacted personal data in line with the GDPR.
o Other site information – We have redacted details of other sites under EiR exception 12(5)(e) as above and because the information is outside of the scope of your request.
2.5 Minutes of the meeting
• The full minutes of this meeting were in 2009 considered exempt from publication for the reasons detailed in the public minutes of the meeting which are available here: http://nlwa.gov.uk/media/1947/2009-12-01-extraordinary-public-minutes.pdf However, we have reviewed this exemption and consider that the grounds for exemption no longer apply. Accordingly please find enclosed a scanned copy of the minute relating to the Pinkham Way site. The minute is on the second of two separately scanned pages, the first of which is blank.
• The Authority’s annual report for 2009-10 from the June 2010 Authority meeting and AGM notes the purchase of the Pinkham Way site during the year. The record of the purchase is publicly available in the 2009-10 Annual Report available at: http://nlwa.gov.uk/media/2506/report-annual-report-june-2010_final.pdf
2.6 Consideration of alternative sites to purchase – un-numbered part of your request
2.6.1 Details from the Authority’s Annual Report 2008-09 presented at the June 2009 Authority meeting and AGM provides information in Section 3.2 about the appointment of Knight Frank to advise on site procurement issues and options considered – see Agenda Item 11 at http://nlwa.gov.uk/governance-and-accountability/authority-meetings/reports-from-meeting-of-24062009/ This report states that “They produced two main documents “Identification of potential sites suitable for Waste Management uses over the next 25 years” and an “Acquisition Plan”.” In line with our retention policy we no longer hold copies of these reports.
2.6.2 The Authority therefore does not hold the two reports above from 2009 that you have requested at item 2. An Exception under Regulation 12 (4) a) of the EIR – ‘Authority does not hold the information’ therefore applies. This letter accordingly acts a refusal notice under the EIR for this part of the information that you have requested.
2.6.3 However, there is further information about the sites assessment process that was undertaken by NLWA which is detailed in the North London Waste Authority Outline Business Case, 29 January 2010 which is available in the Authority’s publication scheme on our website at: http://nlwa.gov.uk/media/1663/nlwa-obc-012910_final.pdf
See section 4.4.4.1 and Section 7 in particular.
2.6.4 All of the publicly available Outline Business Case reports from 2012-13 are available in our publication scheme here: http://nlwa.gov.uk/governance-and-accountability/freedom-of-information-act/publication-scheme/
