20 September 2022
65 Gleneldon Road
Streatham
London SW16 2BH
Your questions
Please may you provide me with:
1. All the contractor invoice in relation to the major works carried out on at the above address and the above block which was completed in 2018.
2. All contractors invoices relation to the major work since the possession of my property in 2001.
3. Provide the list of properties in the block that their windows had been changed during the major work which was completed in 2018.
4. Provide the list of properties in the block that their front doors had been changed during the major work which was completed in 2018.
5. Contractor invoice for the removal of the asbestos and the list of properties that the asbestos had been removed during the major work which was completed in 2018.
6. Provide the details of which external and internal walls either had been decorated or repaired during the major work which was completed in 2018.
Please provide the information in the form of PDF via email. If it is not possible to provide the information requested due to the information exceedingly the cost of compliance limits identified in section 12, please provide advice and assistance, under the section 16 obligations of the Act, as to how I can refine my request
Our response
1. We consider that the EIR is the correct legislation for this response.
We note that Section 2(EIR) defines Environmental Information as follows:-
Environmental Information has the same meaning as in Article 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on:
a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;
b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a);
c) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements;
(d) reports on the implementation of environmental legislation;
(e) cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c); and
(f) the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c);
We consider that queries about invoices and details of major works will fall within subsections c and e of the EIR.
I can confirm that we have reviewed your request but consider that the information is commercially sensitive and therefore we are unable to provide all the requested information as it is commercially sensitive.
We therefore engage Regulation 12(5e) to this part of the request.
Regulation 12 (5)(e) Confidentiality of commercial or industrial information
12.—(5) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that its disclosure would adversely affect—
(e) the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest
Disclosure of this information would be detrimental to the Council as our agreements are made on the basis of confidentiality and will include information which if disclosed could impact negatively on the ability to effectively operate.
The market environment within which Lambeth Council operates is competitive. If we disclose the exact amount, there is the risk of jeopardy to the Council’s ability to participate competitively in this commercial environment. In addition, the companies we work with are likely to choose not to work with us as a result of the publication of this information. This is because the disclosure would reveal how they operate and hence prevent them from operating competitively in the market.
Therefore the disclosure would discourage other companies from wanting to work with the Council and likely damage our relationship with these companies. Consequently, other boroughs will take advantage of this lost business.
As this request relates to Environmental Information; we have also considered the public interest in disclosure/maintaining the exception.
Public Interest in Disclosure
We note Regulation 12(2) EIR has a presumption of disclosure.
We also consider that disclosure would increase the public’s understanding of this issue and we note the general benefit in transparency where possible.
Public Interest in maintaining the exception
It is not in the public interest to provide commercially sensitive information if it would mean that the Council cannot attract future suppliers as we cannot then achieve the best value for money for our residents.
The public interest in withholding the requested information outweighs the public interest in disclosure of the requested information in this case.
In accordance with Section 17 FOIA this letter represents a Refusal Notice for this part of your request
2. As per Q1
3. Cost for the windows were broken down based on the block definition and the type of the windows - not on a property by property basis. Spreadsheet attached with breakdown
4. Front entrance doors were replaced to tenanted only properties (6 no.) and did not form part of the final account, hence leaseholders were not charged for this element of work.
5 As per Q1
6. All previously painted surfaces were redecorated to include communal ceilings and soffits, private balconies including soffits, landscaping railings and communal doors and store doors.