Agenda item

Exempt Information - Possible Exclusion of the Press and Public

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 2 to the report entitled, ‘The Engine House, South Bank Leeds’, referred to in Minute No. 137 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 Appendix 2 contains information relating to the financial or business affairs of any person or company (including the authority holding that information) which may result in prejudicial trading of that company, the Council’s commercial position and linked third parties, and as such, it is considered not to be in the public interest to release such information at this time, as this would compromise the Council’s position;

 

(B)  That Appendix 3 to the report entitled, ‘East Leeds Extension Update and Progress on Land Disposal for the Southern Quadrant Primary School’, referred to in Minute No. 138 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 Appendix 3 relates to the financial or business affairs of a particular person / company, 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 has been obtained through one-to-one negotiations for the disposal of the school site, it is not in the public interest to disclose this information now. 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 therefore considered that, whilst there may be a public interest in disclosure, the public interest in maintaining the exemption outweighs the public interest in disclosing this information now; and

 

(C)  That Appendix 2 to the report entitled, ‘Kingsdale Court Affordable Housing and Regeneration Scheme’ referred to in Minute No. 139 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 Appendix 2 relates to the financial or business affairs of a particular person, and of the Council. It is considered that the release of such information would, or would be likely to prejudice the Council’s commercial interests in relation to property transactions. Disclosure of this information could seriously harm the Council’s negotiating position when discussing property acquisitions at Kingsdale Court. Consequently, it is deemed that the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time.