Agenda item

1  To highlight reports or appendices which officers have identified as containing exempt information within the meaning of Section 100I of the Local Government Act 1972, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If the recommendation is accepted, to formally pass the following resolution:-

RESOLVED –  That, in accordance with Regulation 4 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during consideration of those parts of the agenda designated as exempt  on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information.

RESOLVED – That, in accordance with Regulation 4 of The Local Authorities

(Executive Arrangements) (Meetings and Access to Information) (England)

Regulations 2012, the public be excluded from the meeting during

consideration of the following parts of the agenda designated as exempt on

the grounds that it is likely, in view of the nature of the business to be

transacted or the nature of the proceedings, that if members of the public

were present there would be disclosure to them of exempt information so

designated as follows:-

(a)  Appendices 5 and 6 to the report entitled, ‘The First White Cloth Hall and the Lower Kirkgate Townscape Heritage Initiative’, referred to in Minute No.10 are designated as exempt in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that they contain information which relates to City Fusion Ltd as a business and its release may prejudice their commercial interests and withholding the information is considered to outweigh the public interest benefit of its release. Further risks, in addition to those outlined in section 4.6 of the submitted report, are identified in exempt Appendix 6 which relate to the financial or business affairs of the Council. Disclosure of those risks would be prejudicial to the interests of the Council. It is considered that the public interest in treating this information as exempt from publication  outweighs the public interest in disclosing it.

(b)  Appendix 1 to the report entitled, ‘265 and 269 Roundhay Road, Harehills, Leeds, LS8’, referred to in Minute No.11 is designated as exempt in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that the information contained within the appendix relates to the financial or business affairs of a particular person, and of the Council. This information is not publicly available from the statutory registers of information kept in respect of certain companies and charities.  It is considered that since this information was obtained through one to one negotiations for the disposal of the property/land then it is not in the public interest to disclose this information at this point in time.  Also, it is considered that the release of such information would, or would be likely to prejudice the Council’s commercial interests in relation to other similar transactions in that prospective purchasers of other similar properties would have access to information about the nature and level of consideration which may prove acceptable to the Council. It is considered that whilst there may be a public interest in disclosure, much of this information will be publicly available from the Land Registry following completion of this transaction and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time. 

(c)  Appendix A to the report entitled, ‘Aire Valley Enterprise Zone Park and Ride Proposal Update and Funding Approval’, referred to in Minute No.12 is designated as exempt in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that it relates to the financial or business affairs of a particular person, and of the Council.  This information is not publicly available from the statutory registers of information kept in relation to certain companies and charities.  It is considered that since this information was obtained through one to one negotiations for the purchase of the land/property referred to then it is not in the public interest to disclose this information at this point in time.  Also, the release of such information would or would be likely to prejudice the Council’s commercial interests in relation to and undermine its attempts to acquire by agreement similar properties in the locality in that owners of other similar properties would be aware about the nature and level of consideration which may prove acceptable to the Council.  It is considered that whilst there may be a public interest in disclosure, much of this information will be available from the Land Registry following completion of the purchase and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time. 

(d)  Appendix 1 to the report entitled, ‘Progress on Delivering the Council Housing Growth Programme’, referred to in Minute No.20 is designated as exempt in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that it contains commercially sensitive and sensitive financial information and it would not be in public interest therefore to disclose this information as it could be used to gain an advantage through any future procurement exercise.