Dear Mr Khan
REF NO: 2799.1.1
Please accept my sincere apologies for the delay in responding to your
request received on 24 January 2012, in which you asked for the following
information:
1. Please supply a copy of “The Contract” made between Middlesbrough
Council and Erimus Housing in regard Middlesbrough Council Housing stock
transfer
Response: On investigation it was found that there were approximately
2600 pages for the full contract contained within 5 lever arch files, 29
reports and 2 sets of A3 maps and lists. Some of the information
contained within the contract would have to be redacted as it relates to
third party personal data which we have a duty to withhold as per section
40 of the Freedom of Information Act; if disclosure would contravene any
of the Data Protection principles in the Data Protection Act 1998 and some
is commercially sensitive which would be exempt under Section 43 of the
Freedom of Information Act.
ADVICE AND ASSISTANCE
Full copy with redactions
If we were to provide you with a copy of the full document , a fee is
payable to us before we can provide you with the information. The
estimated cost of processing your request is £ 286.80.
An explanation of how this estimate was calculated is follows:
2259(A4 - black & white)
1st hundred sheets x 0.10p = £ 10.00
2159 x 0.05 = £ 107.95
158 (A3 - black & white) x 0.20p = £ 31.60
183 (A3 - coloured) maps x £0.75 = £ 137.25
Total Payment = £ 286.80
This is based upon the Councils fees policy, whereby the charges are as
follows:
A4 single-sided (B&W) 0.10 pence for the first hundred sheets then 0.05
pence for subsequent sheets
A3 single-sided (B&W) 0.20 pence per sheet
*A3 single-sided (coloured) 0.75 pence per sheet
Payment should be made payable to Middlesbrough Council as soon as
possible. However, if the actual cost of complying with the request is
less than the estimate the balance will be returned to you. Please note
that the time limit for responding to your request is suspended until
Middlesbrough Council receive the payment.
If Middlesbrough Council does not receive your payment by 21 May 2012,
which is three months from the date of this response, we will consider
your request closed.
Revised Request
It may be possible to provide you with some of the information you
requested for a lesser fee than the one quoted above, if you are prepared
to limit the scope of your request or specify which part(s) of the
contract you require. I have attached below a copy of the contract index
to assist you.
Inspect documents
Alternatively if you can inspect/review the contract in person free of
charge by appointment only. However, you would still be required to
specify which parts of the contract you would like to inspect as we would
need to redact any information which would be personal or commercially
sensitive data prior to your visit. If you wish to make an appointment,
please do not hesitate to email [Middlesbrough Council request email] or contact me
direct on (01642) 729696.
2. Please supply details of the exact agreed charge / cost to Erimus
Housing for the transfer
Response: "Price" shall mean the sum of one hundred and ninety five
million, five hundred and three thousand, five hundred and fourteen pounds
(£195,503,514) in respect of the Property which reflects the value of the
Council’s covenant to carry out the Qualifying Works at its own expense
pursuant to Clause 16.8 of this Agreement but subject to adjustment in
accordance with Clause 4.2;
3. Please supply details of payment/s made by Erimus Housing to
Middlesbrough Council regarding the housing stock transfer contract
Response: The information you have requested is held by the authority,
however it would be extremely difficult to extract any payments made to
the council from Erimus Housing for the period November 2004 to date, as
it would involve a lengthy search through manual and electronic files.
Therefore we feel that we could not provide this information even for one
individual year within the appropriate fees limit as it would involve
lengthy searches through manual and electronic files and would take more
than 18 hours to complete
Section 12 of the Freedom of Information Act allows public authorities
to refuse to answer requests for information if the cost of complying
would exceed the "appropriate limit" prescribed in the Regulations. The
appropriate limit as set out in the Act is £450 (an hourly rate of £25 per
person per hour for a maximum of 18 hours in total)
The Council feels that at this time we do not have the resources to carry
out the above search for a fee and therefore we must refuse this part of
your request.
4. Middlesbrough Council housing transferred to Erimus Housing please give
the exact number of properties involved
Response: 11,968.
5. Please supply the details of any Middlesbrough Council land involved in
the housing stock transfer
Response: The information requested is contained within 183 A3 Disposal
Boundary Maps. If you require a copy of the information please see the
fee provided above *.
6. Please supply the details of any Middlesbrough Council commercial
property involved in the housing stock transfer
Response: See above response provided for question 5.
7 Please supply the details of any covenants / embargoes / stipulations /
restrictions made by Middlesbrough Council and or central Government
regarding the housing stock transfer
Response: See above response provided for question 1.
If you have any queries about this letter, please do not hesitate to
contact me direct on (01642) 729696/729698 or email
[Middlesbrough Council request email] Please remember to quote the reference number
shown above in any future communications.
If you are unhappy with the way your request has been handled you may ask
for an internal review within 40 days of receipt of the response. You
should write to:-
Chris Davies,
Corporate Complaints Manager,
P.O. Box 503,
Ground Floor,
Town Hall,
Middlesbrough,
TS1 9FX
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely
Steph Robson
Freedom of Information Officer
Members' Office
P.O. Box 503
Ground Floor
Town Hall
Middlesbrough
TS1 9FX
Tel. 01642 729696
FAX. 01642 729882
Email: [Middlesbrough Council request email]
http://www.whatdotheyknow.com/request/m ... ing-258407
