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.
Minutes:
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 from publication 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) That appendix 3 to the report entitled, ‘White Rose Railway Station’, referred to in Minute No. 20 be designated as being exempt from publication in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 and considered in private on the grounds that the information contained within that appendix contains information relating to the financial or business affairs of a particular person (including the Council). It is considered that the public interest in maintaining the content of appendix 3 as exempt from publication outweighs the public interest in disclosing the information, as doing so would prejudice the Council’s commercial position and that of third parties should it be disclosed at this stage;
(B) That appendices 3, 3b and 3c to the report entitled, ‘Acquisition of Land for the A637 / A6120 Dawson’s Corner Junction Improvement Scheme’, referred to in Minute No. 22 be designated as being exempt from publication in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 and considered in private on the grounds that the information contained within those appendices contain information relating to the financial or business affairs of a particular organisation 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 proposed land exchange 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 transacting parties for other similar sites 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) That appendix 7 to the report entitled, ‘Adults and Health Service Review 6: Care Delivery: Care Homes, Post Consultation Recommendations Report’, referred to in Minute No. 25 be designated as being exempt from publication in accordance with paragraph 10.4(3) of Schedule 12A(3) of the Local Government Act 1972 and considered in private on the grounds that the information within that appendix contains details regarding the combined value of the two care home buildings, which has recently been estimated for residential use. The estimated amount in question has been identified as exempt from publication in accordance with Access to Information Procedure Rule 10.4(3) because it is commercially sensitive, should an open market disposal process be approved. Keeping the information confidential avoids potentially prejudicing the Council’s commercial position and that of third parties, should the estimated valuation amounts be disclosed at this stage. It is deemed that the public interest in maintaining the exemption regarding Appendix 7 outweighs the public interest in disclosing the information.